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Chief Constables letter, in view of Lords case in March OPEN - FOR GENERAL RELEASE Agenda
item 9
1. INTRODUCTION 2.
BACKGROUND
3. SUMMER SOLSTICE 1999 4.
FURTHER PROGRESS
5. RECENT HOUSE OF LORDS JUDGMENT
Miss
Elizabeth Neville QPM MA PhD Police
Headquarters London Road, Devizes, SN10 2DN 24 March 1999 Dear Richard [Chief Executive, SDC] I am writing to you in respect of arrangements for the 1999 Summer Solstice. During 1998 English Heritage and the Wiltshire Police continued a constructive dialogue with most of the groups who had consistently shown interest in Stonehenge and in the performing of rituals there. This rapport was extended through the granting of access to the monument on notable dates, particularly the Winter Solstice and the Equinoxes. Things had progressed suffciently well to allow access to be granted for the Summer Solstice to a group of 100 who had applied to English Heritage. This group included local residents as well as astronomers, archaeologists, druids, pagans and travellers. The event passed off peacefully and was deemed a success. Since then further progress has been made. There have been regular meetings with representatives of groups interested in Stonehenge and there continues to be regular access to the monument. This culminated with 208 celebrants being granted access for last weekend's Spring Equinox, all of whom left peacefully at the conclusion of the celebrations. The recent House of Lords judgement in the case of DPP v Jones & Lloyd has caused me to reconsider my views on the appropriateness of a Trespassory Assembly Order under Section 14A of the Public Order Act 1986. In that judgement, Lord Irvine articulated the public's right to use the public highway for any reasonable purpose providing it does not cause a nuisance or obstruction. In view of this judgement, I do not intend to apply for a Trespassory Assembly Order for the Summer Solstice period in 1999. Our policing strategy will encompass this most recent decision, the need to protect the Stonehenge site and to facilitate access for those entitled to it. I am of the view that my decision presents a significant opportunity for all those who have a deep interest in Stonehenge and the celebration of the Summer Solstice. It is hoped that we have moved on from the days of confrontation and mass policing. However, the onus will rest on those who intend to come to Stonehenge for the Solstice. The policing operation will ensure a positive response from my officers should any incidents of disorder occur over the Solstice period. Furthermore, any outbreak of disorder would jeopardise the very real progress that has been made. It would, in all probability mean that I would have to revert to the use of the powers available to me under the Public Order Act, 1986 during the Millenium Year, in particular those significant calendar events commencing with New Year's Day, 2000. I would also like to assure you that should I receive any intelligence to suggest that there may be planned incidents of disorder or trespass I will then consider making an emergency mapplication for a Trespassory Assembly Order. I trust that will not be the case and that this Summer Solstice will not only prove to be an enjoyable and peaceful event, but also the herald of a new period of tranquil and harmonious celebrations at Stonehenge. Yours sincerely [Elizabeth] TO:
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