Quarter Sessions
| Published date | 01 April 1961 |
| Date | 01 April 1961 |
| DOI | http://doi.org/10.1177/002201836102500202 |
| Subject Matter | Article |
Quarter Sessions
WHEN
IS A PARK NOT A
'PUBLIC
PLACE'?
R. v. Arthur
INthis case heard at the County of London Sessions on
loth
February 1961 before Mr. Henry Elam, Deputy Chair-
man, a novel point was successfully argued by Mr. Victor
Durand, Q.C., who appeared for the defence.
The
defendant was charged on indictment
that
on 12th
November 1960 he drove a motor-car in a public place, to
wit Hyde Park, while being under the influence of drink or
a drug, contrary to the provisions of the Road Traffic Act,
1960 s. 6 (I).
The
evidence of the Police was to the effect
that
the
defendant was found by two police officers driving along
Broad Walk and Lovers' Walk in Hyde Park at 4.15 a.m. and
was subsequently discovered to be under the influence of
drink. At this time of the morning the gates of the Park are
closed and the public have no right of entry: they can be
ejected and on summary conviction fined £5 for being in the
Park during the prohibited times (Parks Regulation Act,
1872, s. IS; Parks Regulation (Amendment) Act, 1926, s. 2
and General Regulation I).
There
was no evidence as to how the defendant had got
into the Park nor whether he had entered before or after the
gates had been closed since the new road works in the area
have resulted in some breaches of the perimeter and entrances.
It
was contended by the defence that since the Act and
Regulations expressly forbade presence in the Park during the
prohibited period, the Park was not a 'public place' during
those hours, or a place to which
the
public for the time being
had access.
The
Public Order Act, 1936, s. 9
(I)
was quoted
by way of definition and the case of
R.
v. Collinson
(1931,
23 Crim. App. R. 49) was compared and distinguished.
97
JCL-2
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