HS2 Ltd & SSfT v Persons Unknown & Ors
Approved Judgment:
never lead to service of defences from the PUs, whether or not the PUs become crystallised as Defendants.
Changes in the law 36.
Just before and since the interim injunction was extended, new offences relating to protesters and others were created as follows. They are in the Public Order Act 2023.
“6. Obstruction etc of major transport works (1) A person commits an offence if the person— (a) obstructs the undertaker or a person acting under the authority of the undertaker— (i) in setting out the lines of any major transport works, (ii) in constructing or maintaining any major transport works, or (iii) in taking any steps that are reasonably necessary for the purposes of facilitating, or in connection with, the construction or maintenance of any major transport works, or (b) interferes with, moves or removes any apparatus which— (i) relates to the construction or maintenance of any major transport works, and (ii) belongs to a person within subsection (5). (2) It is a defence for a person charged with an offence under subsection (1) to prove that— (a) they had a reasonable excuse for the act mentioned in paragraph (a) or (b) of that subsection, or (b) the act mentioned in paragraph (a) or (b) of that subsection was done wholly or mainly in contemplation or furtherance of a trade dispute. (3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both. (4) In subsection (3) “the maximum term for summary offences” means— (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months; (b) if the offence is committed after that time, 51 weeks. (5) The following persons are within this subsection— (a) the undertaker; (b) a person acting under the authority of the undertaker; (c) a statutory undertaker; (d) a person acting under the authority of a statutory undertaker.
18
43
Made with FlippingBook - professional solution for displaying marketing and sales documents online