Role of Court considered in assessing the proportionality of prosecutions


Re: James v Director of Public Prosecutions [2015] EWHC 3296 (Admin)

Appeal by case stated of the decision to convict the appellant of knowingly failing to comply with a condition imposed under the Public Order Act 1986, s 14(5). The court considered the role of the court in assessing the proportionality of prosecutions, and whether the offence adequately considered ECHR, arts 10 and 11.

Tim Owen QC was involved in this case.