R (Haw) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Sir Anthony Clarke MR |
| Judgment Date | 08 May 2006 |
| Neutral Citation | [2006] EWCA Civ 532 |
| Docket Number | Case No: C1/2005/1915 |
| Court | Court of Appeal (Civil Division) |
| Date | 08 May 2006 |
COURT OF APPEAL
Before Sir Anthony Clarke, Master of the Rolls, Lord Justice Laws and Lady Justice Hallett
Continuing demonstrations requiring the permission of the police in a statutorily controlled zone were deemed to start at the time that the relevant legislation came into effect.
The Court of Appeal so held in a reserved judgment, allowing an appeal by the first defendant, the Secretary of State for the Home Department, from the order of the Queen's Bench Divisional Court (Lady Justice Smith and Mr Justice McCombe, Mr Justice Simon dissenting) (The Times August 4, 2005; (2006) QB 359) who had allowed a claim for judicial review by the claimant, Brian Haw, against the Home Secretary and the second defendant, the Commissioner of Police of the Metropolis, and had declared that the notice and authorisation regime set out in sections 132 to 138 of the Serious Organised Crime and Police Act 2005 did not apply to Mr Haw, who was not required to seek authorisation for his continuing protest in Parliament Square.
Mr David Pannick, QC, and Mr David Pievsky for the Home Secretary; Mr Adam Clemens for the commissioner; Mr Richard Drabble, QC, and Ms Zoe Leventhal for Mr Haw.
THE MASTER OF THE ROLLS, delivering the judgment of the court, said that the claimant had been demonstrating in Parliament Square since June 2001.
He lived on the pavement and displayed a large number of placards. Initially his intention was to protest about sanctions against Iraq, but more recently it had been to protest against the Government's policy in Iraq.
On April 7, 2005, the 2005 Act received the Royal Assent. The object of sections 132 to 138 of that Act was to give the police a measure of control over demonstrations taking place within a designated vicinity of Parliament.
The Act did not forbid demonstrations in that area but section 133(1) required any person who intended to organise a demonstration in the area to apply to the police for authorisation to do so.
Section 134(2) permitted the police to impose conditions on the holding of a demonstration for a number of specified purposes. Any breach of such conditions was a criminal offence.
The essential question was whether the Act applied to the claimant's demonstration.
The reasoning of the majority of the Divisional Court, supported by the claimant, was that the language of section 132(1) was...
To continue reading
Request your trial
-
DPP v Haw
...into effect. On May 2006 the Court of Appeal ruled against this submission in R (Haw) v Secretary of State for the Home Department [2006] EWCA Civ 532. A general challenge to sections 132 to 138 of SOCA as an infringement of Article 11 of the ECHR was made in appeals by way of case stated b......
-
Doorstep Dispensaree Ltd v the Information Commissioner
...due to the ‘principle of doubtful penalty’ mentioned by Sir Anthony Clarke MR in R (Haw) v Secretary of State for the Home Department [2006] EWCA Civ 532, [2006] QB 780 at [27], and described in Bogdanic v Secretary of State for the Home Department [2014] EWHC 2872 (QB) at 44 Doorstep Dispe......
-
R (Malik) v Waltham Forest Primary Care Trust
...... and Waltham Forest Pct and Secretary Of State For Health Defendant and ... Performers List Regulations in April 2004, the Department issued guidance on how they should be applied in August ......
-
R (Kelly and another) v Secretary of State for Justice
...the statute in question touched the criminal law: see R (Haw) v Secretary of State for the Home DepartmentTLRELR (The Times May 15, 2006; (2006) QB 780). Much depended on the individual case. There was nothing in the circumstances of this case that should inhibit the court from construing t......
-
Divisional Court
...was subsequently overturned by theCourt of Appeal in R (on the application of Haw) v Secretary of State forthe Home Department [2006] EWCA Civ 532, (2006) 70 JCL 383 where itwas held that Parliament had clearly intended to regulate all demon-strations within the designated area no matter wh......
-
Shopping in the Public Realm: A Law of Place
...Under s. 132 Serious Organised Crime and Police Act 2005, R (on the application ofHaw) v. Secretary of State for the Home Department [2006] Q.B. 780, morerecently see Hall and Haw et al. v. Mayor of London [2010] EWCA Civ 817.98 (2002) 146 S.J.L.B. 221.99 Though the two are closely related,......
-
Court of Appeal
...State for the Home Department, Commissioner for theProhibiting Protest and Balancing Convention Rights201 Metropolitan Police Service [2006] EWCA Civ 532 in which the Court ofAppeal stopped short of repealing the above commencement order. DPPvHaw [2007] EWHC 1931 (Admin) now represents the ......
-
Recent Judicial Decisions
...in vicinity of Parlia-ment; European Convention on Human Rights, arts 10 and11; R (Haw) v Secretary of State for the Home Department[2006] EWCA Civ 532; police; statutory powers; SeriousOrganised Crime and Police Act 2005 (SOCA), ss 132–138;ultra viresThis was an appeal by way of case state......