(c) Sweet & Maxwell Limited

 

Marsh v Arscott

(QBD) Queens Bench Division

c.1982

 Where Reported

 Summary

 Cases Cited

 Legislation Cited

 Citations to the Case

 here Reported

                  (1982) 75 Cr. App. R. 211

                  [1982] Crim. L.R. 827

 

Summary

   Subject:  Criminal Law

   Keywords:  Premises; Public order offences; Public places (T); Shops

   Catchphrases:  Public order; shop car park; whether public place

   Abstract:  A shop car park is not a public place out of shop hours, unless there is evidence to the contrary. D was found by police at 11.30 p.m. slumped over the bonnet of a car in a shop car park. He was abusive and insulting, and thereafter pushed one of the constables. He was arrested and charged with contravening the Public Order Act 1936 (c.6) s.5. The justices held that there was no case to answer.

    Summary:  Held, dismissing P's appeal, that quite plainly when the shop was open the car park was a public place within the definition in s. 9; but that at 11.30 p.m. on a Saturday night there was no evidence that it was. It was immaterial whether the police officers were acting in the execution of their duty, had any right to be there or were told to go: D's acquittal was inevitable (Sandy v. Martin [1974] R.T.R. 263 applied).

 Cases Cited

 Sandy v Martin, [1974] R.T.R. 263; [1974] Crim. L.R. 258 (DC)

 

Legislation Cited

 Public Order Act 1936 s. 5

  

Citations to the Case

 Considered by

                  Nicholson v Gage, (1985) 80 Cr. App. R. 40 (DC)

                  R. v Morpeth Ward Justices Ex p. Ward, (1992) 95 Cr. App. R. 215; [1992] Crim. L.R. 497; (1992) 156 J.P.N. 442; (1992) 142 N.L.J. 312; Times, March 4, 1992; Independent, February 28, 1992 (QBD)

                  Read v Jones, (1983) 77 Cr. App. R. 246; [1983] Crim. L.R. 809 (DC)