R v AFY & Ors

R v AFY & Ors

Section 78 of the Police, Crime, Sentencing and Courts Act 2022 covers obstruction of rights that the public at large is entitled to exercise or enjoy, even if those rights are subject to conditions; the offence does not require total prevention of the right or proof that someone attempted to exercise it at the time.

Parties
Applicant: Rex; Respondent: AFY; Respondent: AKR; Respondent: BQF; Respondent: BRS; Respondent: AKK; Respondent: AIK
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against a Ruling of No Case to Answer
Outcome
Partial judgment published in anonymised form; reporting restrictions maintained pending further order or conclusion of trial.
Legal Topics
Public Nuisance, Statutory Interpretation, Protest Law, Police, Crime, Sentencing and Courts Act 2022, Reporting Restrictions
Criminal Law Public Nuisance Statutory Interpretation Protest Law Police, Crime, Sentencing and Courts Act 2022 Reporting Restrictions

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Parties

Rex

Applicant

AFY

Respondent

AKR

Respondent

BQF

Respondent

BRS

Respondent

AKK

Respondent

AIK

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against a Ruling of No Case to Answer

Legal Issues

  1. 1 Proper interpretation of section 78 of the Police, Crime, Sentencing and Courts Act 2022
  2. 2 Whether employees and visitors to private premises are exercising a right that may be exercised or enjoyed by the public at large under section 78(1)(b)(ii)
  3. 3 Scope of 'obstructs the public' in the context of public nuisance

Ratio Decidendi

Section 78 of the Police, Crime, Sentencing and Courts Act 2022 covers obstruction of rights that the public at large is entitled to exercise or enjoy, even if those rights are subject to conditions; the offence does not require total prevention of the right or proof that someone attempted to exercise it at the time.

Court Disposition

Partial judgment published in anonymised form; reporting restrictions maintained pending further order or conclusion of trial.

Orders

  • Permit publication of anonymised extract limited to points of principle.
  • Maintain reporting restrictions under section 71 of the Criminal Justice Act 2003 and section 4 of the Contempt of Court Act 1981 until further order or conclusion of trial.