14. On 3 June 2023 the defendant entered the race track at the Epsom Racecourse shortly after the start of the Derby. Specifically, at approximately 13.32.24 the defendant entered the race track. He ran along the track towards the finishing line, away from the horses, and was chased by stewards and police officers. At approximately 13.32.48 the defendant was removed from the racetrack by police officers. 15. The parties have agreed the following facts: (1) The horses were approximately 1.4 miles away from the defendant at the time he went on to the race track. (2) The horses were approximately 1.15 to 1.2 miles away from the defendant at the time he was removed from the race track. (3) The horses were approximately two minutes 21 seconds to two minutes 24 seconds away from the defendant when he entered the race track, and approximately one minute 58 seconds to two minutes two seconds away from him when he was removed from the race track. (4) In accordance with British Horseracing Authority (BHA) protocols, specific procedures were in place to stop the race in the event of a major hazard. This procedure required that orange/yellow stop race flags be deployed and waved by predetermined race course personnel on the instruction of the clerk to the course. In addition, the persons deploying the flags were required to blow a Fox 40 whistle to ensure riders were aware of their presence. Further to the above, there was live visual monitoring of the race from the steward's room and monitoring via visual technology provided by Racecourse Technical Services Limited. For the Derby 2023, the Jockey Club had in place a system of additional flag positions to that normally in place at Epsom, plus different flags to the standard orange/yellow in order to confuse potential protests. Jockeys were briefed accordingly. The defendant's encroachment was handled swiftly with the race in progress but at an early stage, and it was not necessary to implement the procedures described above. (5) The procedure above is as robust as any involving radio communications, appropriate human action as a result plus comprehension and action by riders on horses travelling at speed can be. It involves an element of risk in terms of its implementation, and the speed and timeframe of flat races exacerbates this. The earlier the clerk can make the decision the better, in that it potentially increases the number of flags that can be deployed. (6) In the event that it had proved necessary to do so, the race could have been stopped in time had the system described above operated as it should have done. (7) The claimant does not allege that any horse or jockey's welfare was in fact compromised by the defendant's actions during the running of the 2023 Betfred Derby Stakes. 16. The defendant has served a witness statement dealing with (among other things) the events of 3 June 2023. He accepts that his actions amounted to a breach of the order, and in particular paragraphs (1) and (6). He says that his actions were motivated by a profound concern for the welfare of animals and the planet more generally. He says that he did not set out to create a dangerous situation for animal or human participants in the race. In particular, he says that his intention had been to delay the start of the race and he had not intended to enter the track once the race had started.
17. The defendant was immediately arrested, he was remanded into custody and in the event spent 36 days in custody. On 6 July 2023 he pleaded guilty to one criminal offence of causing a public nuisance. He was sentenced to a suspended custodial
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