Prosecutions for rail fare avoidance ~ use of Single Justice Procedure ~ Ruling by Chief Magistrate

Senior District Judge Goldspring (Chief Magistrate) has issued an 18 page ruling (dated 15 August 2024) relating to private prosecutions by Northern Trains Ltd and Greater Anglia in connection with avoidance of fares. 

The prosecutions were brought under the Regulation of Railways Act 1889 section 5 and were dealt with in Magistrates' Courts using "Single Justice Procedure (SJP)."

This was not permissible .....

Free speech has limits

19 October 2022 - House of Lords Library -

Freedom of expression online: Communications and Digital Committee report - House of Lords Library (parliament.uk)

The rights and limits to freedom of expression

Freedom of expression is the right to express and receive opinions, ideas and information. Expression and exchanges of views increasingly take place online, including through social media platforms, websites and search engines.

The right to freedom of expression is balanced by the responsibilities held by government, media and technology, and citizens. It is not an unrestricted right

Serious Violence Reduction Orders

On 8 August 2024, in the Crown Court at Liverpool, two men were sentenced to imprisonment for offences connected to recent public disorder.

John O' Malley (age 43) and William Nelson-Morgan (age 69) each received 32 months for separate offences of violent disorder (Public Order Act 1986 s.2). 

Nelson-Morgan also received a concurrent sentence of 6 months for possession of an offensive weapon and also a serious violence reduction order (SVRO) which will take effect on his release from custody and will last for 2 years.

The sentencing remarks

DPP says CPS will consider terrorism in disorder cases

Mr Stephen Parkinson has been Director of Public Prosecutions (DPP) since 1 November 2023. He is the 17th holder of the office which dates from 1880. The Prime Minister, Sir Keir Starmer, was DPP from 2008 to 2013. Crucially, the DPP is the Head of the Crown Prosecution Service (CPS) - see Prosecution of Offences Act 1985.

Against the background of the public disorder of late July and early August, Mr Parkinson is reported to have said that "terrorism offences" would be considered . "Where you have organised groups planning activity for the purposes of advancing [an] ideology... planning really, really serious disruption then yes, we will consider terrorism offences." 

The term "terrorism" is interpreted

A note on compensation for riot damage ~ the Riot Compensation Act 2016

One of the consequences of the disorder experienced over recent days will be claims for compensation but what can be claimed?

Compensation used to be governed by the Riot (Damages) Act 1866 (now repealed). The 1866 Act was tested after the 2011 riots but, in Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co [2016] UKSC 18, the Supreme Court held that the Act did NOT cover consequential losses. For example, a claim under the Act was possible if (say) business premises were directly damaged but loss of profits could not be claimed.

Following the 2011 disorder, the Home Secretary - (then Theresa May) - commissioned a review of the 1866 Act and this reported in November 2013.    On 8th November 2013, the Home Office published -  New proposals to reform Riot Damages Act.

The outcome was

R v Axel Muganwa Rudakubana ~ Southport attack, Serious Disorder

At Liverpool on 1 August 2024, Axel Muganwa Rudakubana (aged 17) was remanded to youth detention accommodation. He is charged with the murders of Bebe King (age six); Elsie Dot Stancombe (age seven), and Alice Dasilva Aguiar (age 9). He is further charged with the attempted murders of ten  others (8 children and 2 adults) and also with possession of a bladed article. The alleged offences occurred at a dance class at the Hart Space in Southport.

The Honorary Recorder of Liverpool (HHJ Andrew Menary KC) ruled that the young person could be named - see Youth Justice and Criminal Evidence Act 1999 section 45 (legislation.gov.uk). Certain other reporting restrictions apply.

A plea hearing was set for 25 October 2024. Any trial will be in 2025 and a potential trial date of 20 January was set - Live updates as Southport stabbing suspect named in court - Liverpool Echo

There was considerable online misinformation about the identity of the suspect who was actually born in Wales and is not an asylum seeker.

The Prime Minister:

Serious violence took place not only in Southport but also in many other locations and it