Source: All England Reporter
Publisher Citation: [2002] All ER (D) 36 (Mar)
Court: Court of Appeal, Criminal Division

Auld LJ, Butterfield and Cooke JJ

Representation Marc Willers (instructed by the Registrar of Criminal Appeals) for the defendant.
  Peter Miller (instructed by Martin Harris, Tunbridge Wells Borough Council) for the prosecution.
Judgment Dates: 5 March 2002


Criminal law - Defence - Statutory defence - Planning enforcement notice - Breach of notice - Judge ruling that defendant having no defence in law - Whether statutory provision incompatible with defendant's right to privacy - Whether conviction safe - s 179(3) - s 3(1).

The Case

The defendant's conviction for offences contrary to s179 of the was safe because the unavailability of a defence in law did not contravene the defendant's right to privacy in the circumstances.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.