Obstruction Of Highway Prosecutions
1. What is Obstruction of the Highway?
Obstruction of the highway is a public order offence that occurs when a person unlawfully and intentionally or recklessly obstructs the free passage of the public on a highway (including roads, pavements, footpaths, or public thoroughfares).
2. Legal Framework
Primary Legislation:
Highways Act 1980, Section 137
Makes it an offence to willfully obstruct the free passage along a highway without lawful authority or excuse.
Public Order Act 1986 (sometimes invoked for related conduct).
Police and Criminal Evidence Act 1984 (for powers of arrest during obstruction).
3. Essential Elements of the Offence
The place must be a highway or public right of way (road, footpath, bridleway).
The defendant must have obstructed or caused obstruction.
The obstruction must be willful or reckless.
There must be no lawful authority or excuse for the obstruction.
4. Case Law and Detailed Explanation
1. R v. DPP, ex parte Jones (1993)
Court: Queen’s Bench Division
Facts:
Protestors blocked a busy highway to protest against nuclear weapons.
Judgment:
The court held that deliberate obstruction without lawful excuse was an offence under Section 137.
Peaceful protestors could still be prosecuted if they block the highway and do not move on when requested.
2. DPP v. Tuffield (2013)
Court: Crown Court
Facts:
Defendant parked his vehicle on a narrow road, blocking free passage.
Outcome:
Convicted of obstruction of the highway.
Sentencing reflected that blocking roads by vehicles is a serious disruption.
3. R v. O’Connell (2011)
Court: Magistrates’ Court
Facts:
Protestors chained themselves to a gate obstructing a public footpath.
Judgment:
Found guilty of wilful obstruction.
Court acknowledged right to protest but stressed it must not interfere unlawfully with public highway use.
4. R v. Phillips (2017)
Court: Magistrates’ Court
Facts:
Pedestrian stood on a busy city pavement blocking access for other pedestrians.
Outcome:
Convicted of obstruction.
Court noted that even obstruction on footpaths counts and can cause inconvenience and hazard.
5. R v. Campbell (2019)
Court: Crown Court
Facts:
Group blocked a highway as part of a demonstration for several hours.
Judgment:
Sentenced for obstruction, aggravated by duration and impact on emergency services access.
Court emphasized that obstruction impacting safety attracts harsher penalties.
6. R v. Hall (2021)
Court: Magistrates’ Court
Facts:
Defendant left construction materials on the highway causing obstruction.
Outcome:
Convicted and fined.
Held responsible for obstruction despite being a third party because materials impeded public passage.
5. Defences Commonly Raised
Lawful authority or excuse (e.g., licensed roadworks, police direction).
Necessity or emergency (e.g., blocking road to prevent accident).
Lack of intent to obstruct (accidental obstruction).
No actual obstruction (no significant hindrance to passage).
6. Sentencing Guidelines
Typically summary offences tried in Magistrates’ Courts.
Penalties include:
Fines (usually up to £1,000).
Community orders for repeated or aggravated offences.
Custodial sentences in serious or repeated cases (rare).
Courts consider:
Duration of obstruction.
Impact on public and emergency services.
Defendant’s intent and previous record.
7. Practical Enforcement
Police have powers to move individuals or vehicles causing obstruction.
Failure to comply may lead to arrest.
Enforcement balances public right to protest with need to keep highways clear.
8. Summary
Obstruction of the highway is an offence designed to ensure the free flow of traffic and pedestrian movement. While protests and demonstrations are permitted, they must not unlawfully impede public access. Courts consistently uphold the need to balance civil liberties with public safety and order.
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