Source: All England Reporter
Publisher Citation: [2002] All ER (D) 157 (Jan)
Court: Divisional Court

Auld LJ and Gage J

Representation Nicholas Dean (instructed by the Crown Prosecution Service, Huntingdon) for the Director of Public Prosecutions.
  Keir Monteith (instructed by Douglas & Partners, Bristol) for the respondent.
Judgment Dates: 22 January 2002


Criminal law - Public assembly - Police issuing notice in relation to public assembly - Notice permitting assembly subject to conditions - Whether certain conditions in notice ultra vires - Whether lawful conditions severable - .

The Case

The test to determine whether severance was possible, which applied to legislation and legislative instruments applied also to a notice under s14 of the . Justices were accordingly incorrect in determining that the whole of a notice issued under s14 was unlawful where the conditions contained therein which were ultra vires s14 could be severed from the lawful conditions in that notice.

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