Recent Judicial Decisions
| Author | Jane Creaton |
| Date | 01 November 2007 |
| Published date | 01 November 2007 |
| DOI | 10.1350/pojo.2007.80.4.354 |
| Subject Matter | Recent Judicial Decisions |
JANE CREATON
Legal Correspondent
Email: jane.creaton@port.ac.uk
RECENT JUDICIAL DECISIONS
Authorisation of Demonstrations
Director of Public Prosecutions v Haw [2007] EWHC 1931
House of Lords
6 August 2007
Delegated powers; demonstrations in vicinity of Parlia-
ment; European Convention on Human Rights, arts 10 and
11; R (Haw) v Secretary of State for the Home Department
[2006] EWCA Civ 532; police; statutory powers; Serious
Organised Crime and Police Act 2005 (SOCA), ss 132–138;
ultra vires
This was an appeal by way of case stated against a decision by a
district judge that there was no case to answer on a charge of
knowingly failing to comply with a condition imposed under s.
134 of the Serious Organised Crime and Police Act 2005
(SOCA).
The facts
Brian Haw has been demonstrating in Parliament Square since
2001 against the government’s policy on Iraq. In 2005 legislation
was introduced which required the Commissioner of the Metro-
politan Police to authorise any demonstrations held within the
vicinity of Parliament. The Act also made it an offence to breach
any conditions which have been imposed as a condition of
authorisation. In 2006, a superintendent authorised Brian Haw’s
demonstration subject to certain conditions relating to the size of
the demonstration site and the condition in which it was kept. A
summons was later issued against Mr Haw for breach of these
conditions and a number of items were removed from the site by
the police in order to achieve compliance with the conditions. At
a subsequent hearing before a district judge in the magistrates’
court, the judge held that there was no case for Mr Haw to
answer. First, the power available to the Commissioner of Police
to authorise demonstrations and impose appropriate conditions
could not be delegated to a superintendent. Secondly, the condi-
tions imposed on the demonstrators were unclear to the extent
that they were unworkable.
354 The Police Journal, Volume 80 (2007)
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