Queen’s Bench Division (Divisional Court), Nicola Davies LJ and Jay J, [2022] EWHC 1676 (Admin), 1 July 2022
This was an appeal by way of case stated from the Magistrates’ Court from a conviction of wilfully obstructing or seeking to frustrate a search or examination contrary to Schedule 7 para 18(1)(c) of to the Terrorism Act 2000. The Divisional Court ruled that the conviction could not stand if the decision to search or examine breached the EqA. The Court further ruled that, if there was evidence of unlawful discrimination, it would be for the Crown to satisfy the court that there was no unlawful discrimination.