PROTESTERS at Stonehenge won a key legal battle last week after the Crown Prosecution Service (CPS) refused to prosecute a druid who trespassed within the stone circle.

Previously the CPS had prosecuted trespassers under the Stonehenge Regulations – which prohibits anyone from going near the stones without English Heritage’s permission. But now the CPS say the matter is a civil offence, so English Heritage would need to bring a private prosecution against intruders.

However, Wiltshire Police confirmed that they will continue to make arrests at Stonehenge under public order offences.

The case was heard at Salisbury Magistrates Court on Friday after Mardi Lee, 50, of Taunton, Somerset, was charged with trespassing at Stonehenge on June 19. Yet it never went before magistrates as it was withdrawn by the prosecutor.

A CPS spokesperson said: “Before the case went to court it was reviewed by one of our prosecutors who then informed the court at first hearing that the case should be dropped as the regulations under which the person was charged do not impose any criminal liability and therefore could not be prosecuted by the Crown Prosecution Service.”

The decision left druids celebrating, and blogger Pete Anahata wrote on the Free Stonehenge website that the case had been a “blow” to English Heritage.

“Let’s hope now that everyone relaxes and sees sense, and sees that we are not criminals but lawful and peaceful members of the public who have many issues with EH, and we reserve the right to speak out about it and take peaceful lawful action,” he wrote.

Lisa Mead posted on Facebook that she had asked the prosecutor if she was able to go trespassing at Stonehenge that evening.

“He said it would have to be English Heritage that take out a private prosecution,” she said.

“But they will never do this because they know we would fight the case, and challenge their legal occupation of the site.”

English Heritage refused to comment but say they will be reviewing their next steps.