Saturday 5 November 2005

 

The Criminal Justice and Public Order Act 1994 (section 69) was again used by the Ministry of Defence Police Agency (MDPA) at RAF Fylingdales against Lindis Percy.  This section was recently used against Lindis at USAF Fairford,  The Act was never meant to be applied to peaceful protestors but has, over the years been increasingly used instead of Military Land byelaw legislation. 

 

Section 69 is a form of bail condition in that someone is 'warned' not to enter land for three months. The officer only has to 'reasonably believe' that a person is committing, has committed or intends to commit the offence of aggravated trespass on land' to be 'warned'. If they return to enter within 3 months they will be arrested. 

 

The byelaws at RAF Fylingdales are invalid and the MDPA have known this for many years.  The MDPA have instructions not to use the byelaws even though there are signs up round the base saying the byelaws are 'in force'.  There are however no details of maps, offences or penalties on display.

 

Lindis was in breach of the byelaws (intentionally so as to bring the matter to court) by peacefully entering the land at Fylingdales.   She was told by the MDPA officers that it was a 'simple trespass' and therefore no action would be taken.  Later she walked on a public footpath that crosses the land and was told by MDPA officers that she was to be 'warned' for allegedly stepping off the footpath.  Lindis absolutely disputes this.

 

Lindis was 'warned' under this section and Act by PC 1304 Sheppard (MDPA). 

 

Lindis has been involved with bringing invalid byelaws to the attention of the court for over 18 years.  It is a long story of abuse and manipulation of the law by the Ministry of Defence Police Agency over a long period of time.