Page 324 - 6. 2016 Diary 1st half New 26-05-21 No Table

he may give a direction that those persons and any other persons who come to prepare or wait
for or to attend the gathering are to leave the land and remove any vehicles or other property
which they have with them on the land.
3. A direction under subsection (2) above, if not communicated to the persons referred to in
subsection (2) by the police officer giving the direction, may be communicated to them
by any constable at the scene.
4. Persons shall be treated as having had a direction under subsection (2) above
communicated to them if reasonable steps have been taken to bring it to their attention.
5. A direction under subsection (2) above does not apply to an exempt person.
6. If a person knowing that a direction has been given which applies to him—
a. fails to leave the land as soon as reasonably practicable, or
b. having left again enters the land within the period of 7 days beginning with the day on
which the direction was given, he commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding three months or a fine not exceeding
level 4 on the standard scale, or both.
7. In proceedings for an offence under subsection (6) above it is a defence for the accused to
show that he had a reasonable excuse for failing to leave the land as soon as reasonably
practicable or, as the case may be, for again entering the land.
(7 A) A person commits an offence if-
a. he knows that a direction under subsection (2) above has been given which applies to
him, and
b. he prepares for or attends a gathering to which this section applies within the period of 24
hours starting when the direction was given.
(7B) A person guilty of an offence under subsection (7A) above is liable on summary
conviction to imprisonment for a term not exceeding three months or a fine not exceeding
level 4 on the standard scale, or both.
(8) ...l
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Simon Cordell’s Skeleton Argument (2) Pdf
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(9) This section does not apply—
(a) in England and Wales, to a gathering in relation to a licensable activity within section 1(1
Vet of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under
and in accordance with an authorisation within the meaning of section 136 of that Act.
2
(b) in Scotland, to a gathering in premises which, by virtue of section 41 of the Civic
Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment.
(10) In this section—
“exempt person", in relation to land (or any gathering on land), means the occupier, any
member of his family and any employee or agent of his and any person whose home is
situated on the land.
"land in the open air” includes a place partly open to the air.
2
"occupier”
"trespasser”
and “vehicle ‘have the same meaning as in section 61.
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Scotland
63.— Powers to remove persons attending or preparing for a rave.