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Criminal law – Trespass. The defendants were convicted of trespassing at a store selling beauty products derived from Dead Sea mineral material. The Divisional Court dismissed their appeal, but certified a question. The defendants contended that the store had not been engaged in 'lawful activity' under s 68 of the Criminal Justice and Public Order Act 1994, as it had been involved in aiding and abetting war crimes, money laundering, taxation offences and labelling offences. The Supreme Court, in dismissing the appeal, held that the words 'lawful activity' in s 68 of the Act should be limited to acts or events that were 'integral' to the activities at the premises in question. Further, the postulated offences were either not demonstrated to have been committed or had been collateral, rather than integral to the core activity of selling.
Criminal law – Trespass. The defendants were convicted of trespassing at a store selling beauty products derived from Dead Sea mineral material. The Divisional Court dismissed their appeal, but certified a question. The defendants contended that the store had not been engaged in 'lawful activity' under s 68 of the Criminal Justice and Public Order Act 1994, as it had been involved in aiding and abetting war crimes, money laundering, taxation offences and labelling offences. The Supreme Court, in dismissing the appeal, held that the words 'lawful activity' in s 68 of the Act should be limited to acts or events that were 'integral' to the activities at the premises in question. Further, the postulated offences were either not demonstrated to have been committed or had been collateral, rather than integral to the core activity of selling.
By Derek Sweeting QC
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