Good News - 2 charged over Poppy Burning protest

[Arthur Little]

is it a real poppy or a model poppy because if they burnt a model poppy they didnt burn a real poppy, so what law did they break

It's the SIGNIFICANCE of what they did that counts ... i.e., insulting the memory of our war dead!

[johncar54]

It's the SIGNIFICANCE of what they did that counts ... i.e., insulting the memory of our war dead!

Sorry to keep on repeating this but it seems to have been misunderstood.

Insulting our dead is not a criminal offence, as distasteful and disgusting we may believe it to be.

In this case it that , in doing so, they also did, all of these:-

* three or more persons
* present together
* used or threatened
* unlawful violence
* so that the conduct of them (taken together) would cause
* a person of reasonable firmness
* present at the scene
* to fear for his or her personal safety.

Thus a section 2 offence, and that is what they have been charged with. If the prosecution cannot prove all these points, it appears, that a conviction will not be obtained.

[Arthur Little]

Sorry to keep on repeating this but it seems to have been misunderstood.

Insulting our dead is not a criminal offence, as distasteful and disgusting we may believe it to be.

In this case it that , in doing so, they also did, all of these:-

* three or more persons
* present together
* used or threatened
* unlawful violence
* so that the conduct of them (taken together) would cause
* a person of reasonable firmness
* present at the scene
* to fear for his or her personal safety.

Thus a section 2 offence, and that is what they have been charged with. If the prosecution cannot prove all these points, it appears, that a conviction will not be obtained.

In that case, hopefully they can be charged with 'inciting civil unrest' ... which surely constitutes an offence at the very least!

[johncar54]

In that case, hopefully they can be charged with ... which surely consitutes an offence at the very least!

But, isn't that in effect what they have been charged with ?

Whilst it maybe that a charge 'inciting civil unrest' could be brought under Common Law, I don't think such an offence is known to UK Statute Law, but I won't take bets on it!

However, it is standard practice to not bring Common Law charges where there are adequate Staute Law offences.