Any barristers or someone who knows one?

[kindai]

A simple question relating to some protests that have taken place near me and how the police handled it.

Specifically related to https://www.legislation.gov.uk/ukpga/2023/15/section/6 subsection 6.

Which states:

In this section “major transport works” means—

(a)works in England and Wales—

(i)relating to transport infrastructure, and

(ii)the construction of which is authorised directly by an Act of Parliament, or

(b)works the construction of which comprises development within subsection (7) that has been granted development consent by an order under section 114 of the Planning Act 2008.

Now the police threatened to arrest the protesters under this provision if they didnt move on.

As I personally read it, everything in section A has to be met to apply to be an offence.

So

It has to be in England and wales
AND
it has to be related to transport infrastructure
AND
the construction of which is authorised directly by an Act of Parliament


Now the police have interpretted this very broadly and when challenged said that actually it should be read as


It has to be in England and wales
AND
has to be relating to transport infrastructure


or


It has to be in England and wales
AND
the construction of which is authorised directly by an Act of Parliament


So, who is right on this? The result of the police interference if they have actually moved people on illegally is quite bad, so if anyone could provide some insight it would be greatly appreciated.

 

[Mr Badger]

So where does coffee come into it?

 

[kindai]

So where does coffee come into it?

Thats a barista

 

[Diddums]

Uh oh, what did you do this time?

 

[Whitewater]

I read it as:

(a) + (i) + (ii)

or

(b)

 

[labbby]

a bit more context is probably needed on this mate. Either the protest was at a very specific place or the Officer messed up the section/sub section of POA.

 

[kindai]

a bit more context is probably needed on this mate. Either the protest was at a very specific place or the Officer messed up the section/sub section of POA.

Protesters were trying to stop some contractors felling some (well, nearly 1000) trees locally to widen a road for a council vanity project.

The question is specific to the section quoted above as if it is (a) + (i) + (ii) then the police have acted unlawfully by infringing on peoples right to protest under the ECHR in which case they need to be held to account.

 

[Mercenary Keyboard Warrior]

I would say its a which must also meet i and ii
(ie i and ii are sub statements to a, and a only)

or b

Put it another way, its {a} or {b}, but if its {a} then {i} and {ii} must be met as well

 

[A2Z]

It's simply A (i and ii must be met) OR B.

So you are wrong.

 

[Bear]

I would say its a which must also meet i and ii
(ie i and ii are sub statements to a, and a only)

or b

Put it another way, its {a} or {b}, but if its {a} then {i} and {ii} must be met as well

Thats how I read it

 

[Freakbro]

First they came for the JSO'S, and I didn't speak out because I like V12s
Then they came for the Extinction Rebellions, and I didn't speak out because I like hooning out of car parks
Then they came for something I do care about, and got all indignant when they used the powers I'd been cheering on against others.

 

[vectisitch]

Basically they have all the power and will do what they want. If they can't they'll change the law so they can. Nothing us little people can do about it. Keep your head down and take any little victories you can

 

[Pudney]

Protesters were trying to stop some contractors felling some (well, nearly 1000) trees locally to widen a road for a council vanity project.

The question is specific to the section quoted above as if it is (a) + (i) + (ii) then the police have acted unlawfully by infringing on peoples right to protest under the ECHR in which case they need to be held to account.

It's 6(a) or 6(b), with (a) requiring (i) and (ii) to be met.

Your major issue will be that highway-related development is part of the definition of "development" for 6(b) so if the police are wrong about 6(a) they may well have been correct under 6(b) whether you agree or not.

 

[kindai]

may well have been correct under 6(b) whether you agree or not.

6(b) related to this:

Planning Act 2008

An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country...

www.legislation.gov.uk

Which as far as can be found, this project doesnt/didnt require such permission so it wouldnt apply either.