UK · EWHCCourt order
High Court rejects narrow construction approach to Public Order Act section 5
The Divisional Court in Cox v DPP [2026] EWHC 2437 (Admin) dismissed a naturist’s appeal against a section 5 Public Order Act conviction and rejected the “appropriately narrow construction” approach from Hicks and Coskun, Solicitors Journal reported on September 24, 2026. Dame Victoria Sharp P held Convention proportionality is assessed through the reasonable-conduct defense, not by narrowing the offence’s ordinary meaning.
Key points
- Divisional Court dismissed Cox’s appeal against a section 5 Public Order Act conviction.Solicitors Journal
- The court rejected the Hicks/Coskun “appropriately narrow construction” approach.Solicitors Journal
- Section 5 words bear their ordinary meaning, following Brutus v Cozens and Chambers.Solicitors Journal
- Convention proportionality is assessed via the reasonable-conduct defense in s.5(3)(c).Solicitors Journal
- The court said Dehal and Abdul should no longer be followed on prosecution proportionality.Solicitors Journal