A man has appeared in court accused of threatening to kill a worshipper in a West London church, leading to a rare prosecution under a Victorian-era law designed to protect religious services.
Court Appearance and Specific Charge
Barry Godden, 37, of no fixed abode, was remanded into custody at Wimbledon Magistrates' Court on Monday, December 22. He faces a single charge of engaging in riotous behaviour at a church in Feltham, Hounslow. The case has been adjourned for a further hearing on December 29.
The charge is brought under Section 2 of the Ecclesiastical Courts Jurisdiction Act 1860, a piece of legislation seldom used in modern times. The law states that anyone guilty of "riotous, violent, or indecent behaviour" in any place of worship can face a fine or up to two months' imprisonment.
The Obscure 1860 Law and Its Origins
The Act was introduced to address public disorder in churches during the Victorian era, specifically transferring power from ecclesiastical courts to the state. Its wording prohibits molesting, disturbing, or troubling any preacher or clergyman, whether during a service or at any other time within a church or burial ground.
The law's creation was prompted by the so-called Ritualist Riots at St George's-in-the-East in Shadwell between 1859 and 1860. These disturbances saw evangelical parishioners violently protest against their priest's introduction of more ornate, Catholic-style practices, which they felt threatened English Protestant identity.
Contemporary reports described chaotic scenes of whistling, shouting, and brawling within the church, with objects like Bibles being thrown. The existing ecclesiastical courts were deemed unable to handle the volume of cases from such large-scale unrest, leading Parliament to pass the new Act.
Modern Use and Legal Questions
While originally intended to stop physical brawling, the Act has since been applied to protests within religious settings. Notably, gay rights campaigner Peter Tatchell was convicted under the law in 1998 after interrupting an Easter sermon at Canterbury Cathedral. It was also used against protesters at a Labour Party conference service in Blackpool in 1966.
The decision to charge Godden under this obscure law raises questions from legal observers. More modern legislation, such as the Offences Against the Person Act 1861, which covers threats to kill and carries heavier sentences, could potentially have been used instead. The prosecution's specific reasoning for choosing the 1860 Act remains unclear at this stage.
Secular groups have previously called for the Act's repeal, arguing that other laws are sufficient to deal with disturbances. The upcoming hearing will determine how this historic statute is applied in a contemporary case of alleged threatening behaviour in a London church.
