I assume Mr Galloway could be prosecuted if intent could be proved?
He could be arrested and charged if criminal intent could be imputed to him (I can't see that it could) but the question of whether it could be proved is a matter for trial.
People from entering the shop. Does the common law offence of obsruction not cover this?
There isn't a general offence of obstruction that I've ever heard of, but there are various offences of Obstruction of Something or Someone, hence my question.
What are the missing elements of aggravated tresspass, BTW? The statue mentions the "open air", is that what you're referring to?
No, that would be part of one element, had the words "open air" not been removed five years ago (Anti-social Behaviour Act 2003 Schedule 3 para.1)
The four elements of aggravated trespass are:
Trespass
A 2nd act, distinct from trespass
With a specific intent
In relation to lawful activity
It's the latter two on which any trial will depend, and possibly even the first with a clever lawyer / crap prosecutor.
That seems pretty broad, and, potentially, applicable to this situation.
That was actually an enormous narrowing of BotP - compare it to the Scottish offence. The case you quoted from was R v Howell, here's what the Lord Bingham had to say about it, in Laporte (the Fairford coaches case), which is currently the lead case on Breach of the Peace:
The legal concept of a breach of the peace, although much used, was for many years understood as a term of broad but somewhat indeterminate meaning. In R v Howell (Errol) [1982] QB 416 the Court of Appeal heard detailed argument on the meaning of the expression, an issue raised by the facts of the case. The court concluded that the essence of the concept was to be found in violence or threatened violence.
And Professor Glanville Williams, in an article entitled 'Arrest for Breach of the Peace' said:
If the person of whom complaint is made has lawfully entered the house of another, his refusal to leave on the request of the occupier is not a breach of the peace. Such refusal gives cause for ejecting him, but not for arrest (Green v. Bartram (1830) 4 C.& P. 308; Reece v. Taylor (1835) 4 Nev. & M.K.B. 469; Jordan v. Gibbon (1863) 8 L.T. 391). However, if he attacks the occupier in order to resist ejection, this will amount to a battery, and there will be a breach of the peace for which an arrest is admissible.
I'm not sure what you mean by the silly reference to Professor Dershowitz
You started off by disclaiming yourself as not a barrister, but then went on to declare which offences those protesters "are guilty of" which is a higher standard than
may have committed, or
should be charged with, hence my teasing.
It's one thing to suggest that someone has done something unlawful, or even wrong, it's quite another to pronounce on the finer points of proof and guilt without being able to make even a
prima facie attempt at justification.