Ian Jelf wrote

Michael R N Dolbear writes

Ian Jelf wrote
[off topic]
In an unrelated matter I once asked the (then) Disability Rights
Commission whether or not something was within the scope of the
Disability Discrimination Act. I was told that only a court
could
answer that question, ie I would have to risk being prosecuted
before

finding out whether it was illegal or not.

No way of avoiding a court decision but you don't have to risk
prosecution.

Given that it was a criminal matter, I can't see how I could have
"tested" anything without an attempted prosecution.

IANAL but there are ways. I think the below was a Judicial Review
against the Crown Prosecution Service / DPP on their prosecution
policy, pressure groups have sued to get a declaration that something
was illegal and should be considered for prosecution and in reverse if
someone was making threats to prosecute if you do something you can try
for a declaration that no offense will be committed.

Consider the court applications about what "assisted suicide" means
and
whether buying a ticket to Switzerland is "aiding and abetting".

Can you just go to a court and ask them to rule on something before
(possibly) committing an offence, then? I assume that's likely to
be
an expensive process?

The Courts don't like hypotheticals but since the ECHR/ Human Rights
Act 1998 and indeed before under the common law a sufficiently unclear
law may not be enforcable. If the point looks important you may be able
to get a "pro bono" lawyer to do it free or cheap ("Freedom to cycle",
below).

Some coverage at

http://www.telegraph.co.uk/news/newstopics/lawreports

Google [ "Joshua Rozenberg" site:telegraph.co.uk] for a selection,
example, on topic for the NG.

http://www.telegraph.co.uk/news/news...uarozenberg/27
12798/Do-you-need-police-permission-to-cycle-down-the-streets-now.html

(Whether a regular cycle ride with no fixed route is a "procession"
that requires notification to the police).

--
Mike D