Facts
- Bye laws made it a criminal offence to trespass in Reading’s local RAF base
- Hutchinson, a trespasser, was arrested for such an act
Issue
- Could a public law defence be raised in criminal proceedings (regarding the validity of the bye law)?
Decision
- Yes
Reasoning
- Magistrates are bound to enquire as to the validity of rights if bought as a defence; on the facts there was no successful defence to be found
