Director of Public Prosecutions v Instone

Subject Matter

HIGHWAY — Right of way — Dedication — Defendants charged with aggravated trespass on land adjacent to highway — Judge finding land presumed to have been dedicated as highway — Whether presumption capable of arising without evidence of actual use of way by public — Whether opportunity for public to use way sufficient to give rise to presumption — Highways Act 1980 (c 66), s 31(1) — Criminal Justice and Public Order Act 1994 (c 33), s 68

[2022] EWHC 1840 (Admin); [2022] 1 WLR 5358; [2022] RTR 29; [2022] 2 Cr App R 17; [2022] WLR(D) 313, DC