Docusign Envelope ID: ABA671A3-E271-4EC4-AB06-1088FEC37456
48. On 3 June 2025, Surrey Police confirmed that a trial in respect of those charged for their
actions at the Epsom Derby in 2023 would not be heard until September 2028. In my view,
the criminal process does not provide a practical alternative to an injunction, which in the
case of Mr Newman, was enforced by way of committal proceedings within just three
months of his breach.
49. I am aware that Epsom and Ewell Borough Council adopted a Public Space Protection
Order (PSPO) for the borough on 3 June. This allows police officers to issue fixed penalty
notices of £100 for anyone who they have reason to believe has committed an offence
under the Order. The PSPO establishes that it is an offence for people in the borough to
carry out the following prohibited activities:
“ 5.1 In the Restricted Area a person commits an offence if without reasonable excuse
they continue to carry out activities which are prohibited namely;
5.1.1. Harassing or intimidating residents, businesses or members of the public.
5.1.2. Threatening any person with violence and / or being verbally abusive towards
any person.
5.1.3. Wearing a piece of clothing with the intent to obscure or hide their identity for
the purposes of committing crime and/or anti-social behaviour.
5.1.4. Acting, or inciting others to act, in an anti-social manner, that is to say a manner
that is likely to cause harassment, alarm or distress to any person.
5.1.5. Joining or remaining in a group of 2 or more people which is acting in a manner
that is likely to cause harassment, alarm or distress to any person.
5.1.6 Consumption of alcohol following a verbal warning by an authorised person to
stop. An authorised person includes a Police Constable, Police Community Support
Officer, a Council Officer, or any other person authorised by the Council.” 51
50. The Claimant did not receive advance notice of the PSPO. I understand, from discussing
with Mr Allen, who informed me of his discussions with Surrey Police, that the PSPO is
targeted at people being drunk and disorderly rather than protest activity; and that some
arrests were made but they were not protest related.
51. In any case, I understand that the maximum fine for such offences (other than that which
relates to the consumption of alcohol) is £1000. I do not consider this to be a sufficient
deterrent for potential protesters, even if they were to be fined under the Order (which, in
light of Mr Allen’s discussions with Surrey Police, seems highly unlikely) particularly in light
51 Pages 168 – 169 of CB1
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