Source: Buzz Magazine 1997
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The Party
Season is nearly upon us and it is time to consider how we
might best be able to circumvent some of the more onerous
traits of the Criminal Justice and Public Order Act. As most
will be aware this Bill became law in 1994 and has given the
police much greater power over public gatherings and
trespass. The sections which have the most significant
implications for those amongst us who are partial to the odd
all-nighter are numbers 63, relating to "raves", 64, which
is to do with seizure and entry and 65, stopping people from
proceeding to a "rave". You will find the complete text of
these two sections below but, as with all statutes, they are
subject to interpretation. Certain things seem, to me at
least, to be quite clear however.
* To qualify as a "rave" and so be subject to this section the event has to be in the open air. A barn with the doors shut does not qualify for instance. * There must be at least 100 people present. (Not much of a party with less though!) * It must be repetitive beat music. One case that went to court was lost by the police as the judge could not discern a repetitive beat. Our advise - keep some jungle tunes handy! There are also what is called "exempt persons" to whom this section does not apply, and this includes employees and agents of the landowner. It strikes me that it would be a simple matter for a sympathetic landowner to employ several hundred people for the night to test the structural integrity of the concrete floor of his barn. I would be happy to test it for him. If it happened to be his birthday I'd be glad to give him a present of a few quid too. It would be equally easy to appoint several hundred agents as observers to judge the outcome of the test. |
None of these people could be instructed by the police to leave the land. Remember, it is not an offense to hold a "rave". The offense, and you can be arrested for it, is for not leaving the land when asked to do so. Section 64 governs the seizure of sound and other equipment, but again the police have no powers to take decks, etc, from employees, agents, members of the landowners family and so on. Section 65 is designed to stop you from getting to the party. The police can exercise this power within a five mile radius of the boundary of the site and it covers those going by road OR across the fields. Again it does not cover "exempt" persons. And when asked remember -
I think these are the most relevant points but please study the Act for yourself by following this link. (Information on the Web changes all the time: this link will search Yahoo for current articles on the CJA). The act itself looks a bit forbidding but it is really quite straightforward if you spend a bit of time on it. Remember, knowing where you stand could mean the difference between a cracking night out or a damp squib. Get to know the Act well and be able to quote chapter and verse to the boys in blue and they will think twice before risking a court case for wrongful arrest. Make the most of the loopholes in this Act before it is amended. Have a good summer. D-Crepit |