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Public Order and the Law

Answers

Thread 8

Does the ‘sit-in’ constitute an offence?

Several possible situations need to be considered here:

Firstly, Max is clearly resisting arrest.

Second, the protestors’ actions in sitting down and blocking the road may well constitute a wilful obstruction of the Highway under s.137 Highways Act 1980. (see Hirst v. Chief Constable of West Yorkshire (1986) 85 Cr App R 143.) This is relevant to considering the reasonableness of using horses. (Thread 9)

Thirdly, this is further evidence of the refusal to obey Ringo’s instructions and thus relevant to the issue of reasonableness of the horses. (Thread 9)



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