According to Section 1 and 3 of the Curfew and Public Disorder Act 1998.
Section 1 states: It shall be an offence to be present in large groups on a street or in a public place during the hours of darkness without lawful excuse.
Even though it was very dark when the meeting ends, it was due to the bad weather. The meeting ended two minutes before the official sunset.
Section 3 states: for the purpose of section 1 “public place” shall be construed as one which as one which is public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
The meeting was held in a private hall located in Melbourne, Saint Catherine. The hall belonged to one of SLIP’s member. Even though this hall was normally hired out to local clubs for dining purposes and would be seeing as a public place since the public has access and payment was normally received, For this meeting it was for a private purpose and there was no charge made for the hire of the hall to SLIP.
Marshall Blair is the president of Save Leviathans in Peril. The meeting that was held only seven members attended, even though he was anticipating an amount of one hundred persons to be present for the meeting. Since there were only seven persons present for the meeting on that day, those seven persons cannot constitute a large group.
The purpose of Blair’s meeting was to protest against the slaughter of whales and the meeting had to be held in order for Blair to submit a vital report to a United Nation Committee. The deadline was three weeks after the schedule meeting.
Base on the reason which the meeting was held it was in law enough to constitute a “lawful excuse “ under Section 2 which states: For