Section 1 of the Curfew and Civil Disorder Act 1998

question 16

Multiple Choice

Section 1 of the Curfew and Civil Disorder Act 1998 provides that: 'It shall be an offence to be present in large groups on a street or in a park or in a public place during the hours of darkness without lawful excuse.'
You are counsel for the defence. Your client is accused of organising a demonstration in a village hall. Which of the following maxims would you use and what would your argument be?

• A) I would argue that it would be grossly unjust to make my client guilty of an offence for organising a demonstration for the public good in a village hall, because the hall was small and there was no damage or injury caused. It cannot possibly have been the intention of Parliament to outlaw such peaceful and small demonstrations because to do so would be to undermine the principle of free speech.
• B) I would argue that 'public place' is to be read noscitur a sociis with 'street' and 'park'. These words clearly indicate a public environment to which members of the pubic have access and the same is true of a village green.
• C) I would argue that 'public place' is to be read eiusdem generis. As the genus of 'street' and 'park' can be taken to mean an open-air place to which all of the public has access, it is clear that a public place cannot include closed environments such as a village hall to which all of the public cannot have access. My client has therefore not committed an offence.
• D) I would argue that 'public place' is to be read noscitur a sociis with 'street' and 'park'. 'Public place' cannot be taken to mean a closed environment to which, by its very nature, the public, as a whole, cannot have access, when the surrounding words 'street' and 'park' clearly indicate an open-air environment to which all of the public has access. My client has therefore not committed an offence.

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