Director of Public Prosecutions v Distill

Public order – Public place. Generally, the concept of a 'dwelling', as defined in Public Order Act 1986 s 8, for the purposes of the exception in s 5(2) of that Act, would not include a domestic garden to the front or rear of a dwelling house. On the facts, the Divisional Court, in allowing the Director of Public Prosecution's appeal by way of case stated against the dismissal of her prosecution for a racially aggravated public order offence, held that the back garden in which the respondent had allegedly said racially aggravated threatening or abusive words had not come within the s 8 definition and the justices had been wrong to conclude that it had.

Category: