10 July 2000 Anne Lee 8 Sommervlle Terrace, Otley, LS21 1HS

Northallerton Branch Office 159-160 High Street Northallerton North Yorkshire DL7 8JZ Switchboard: 01609-785500 Facsimie: 01609-785530 DX No.: 61645 Northallerton Our Reference: DT

Dear Madam,

Criminal damage prosecution
Harrogate Magistrates' Court 11 July 2000

You have been charged with an offence of criminal damage to the RAF Menwith Hill Steeplebush gate.

I enclose the evidence against you, Please read the attached notice carefully.

I also enclose a copy of your previous convictions and, as unused material a press cutting from the Wharfedale Observer and a statement by A Greave.

I also enclose statement of A Brunt and an invoice relating to the repairs to the Steeplebush Gate.

I understand the you intend to plead not guilty. If the only issue in the case is whether you had a lawful excuse for the damage, I invite you to agree the facts not in issue in the terms of the attached notice. This will shorten the trial.

I also enclose a copy of a law report: DPP v Birch. This relates to activity by way of protest outside premises where an allegedly illegal activity is being carried on, and I think it is relevant to the trial of the charges against you.

If you instruct a solicitor please pass these papers to him. Thank you for your letter of 5 July. I confirm that on 19 June you were arrested both for criminal damage and for breach of the byelaws. I do not intend to pursue an alllegation of breach of the byelaws, for the reasons I have explained in the past.

Although there is sufficient evidence that you were trespassing on the Applicable Area and therefore in breach of the Byelaws, I do not consider that the public interest requires a prosecution for that offence as well as the criminal damage. A defendant should not be charged with more offences than are necessary to reflect the mischief of the alleged wrong-doing and to give the court sufficient sentencing powers, and in my view on that test the charge of criminal damage is sufficient. I know that you want to challenge the validity of the RAF Menwith Hill Byelaws but, as you will appreciate from my previous letters to you, I have to decide whether to pursue an allegation by reference to the Code for Crown Prosecutors.

Yours faithfully,

David Tucker
Senior Crown Prosecutor
cc Clerk to the Justices.