Haw, R (on the application of) v Secretary of State for the Home Department & Anor [2006] EWCA Civ 532 (08 May 2006)

Haw, R (on the application of) v Secretary of State for the Home Department & Anor [2006] EWCA Civ 532 (08 May 2006)

Sections 132-138 of the Serious Organised Crime and Police Act 2005 apply to all demonstrations in the designated area, regardless of when they began; demonstrations started before commencement are deemed to start at commencement for the purposes of the Act.

Citation
[2006] EWCA Civ 532
Parties
Claimant/respondent: Brian Haw; First Defendant/appellant: Secretary of State for the Home Department; Second Defendant: Commissioner of the Metropolitan Police Service
Jurisdiction
England and Wales
Judgment Date
08 May 2006
Procedural Posture
Judicial Review / Appeal From Divisional Court
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Freedom of Expression, Public Order, Ultra Vires, Retrospective Application
Administrative Law Criminal Law Human Rights Statutory Interpretation Freedom of Expression Public Order Ultra Vires Retrospective Application

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Parties

Brian Haw

Claimant/respondent

Secretary of State for the Home Department

First Defendant/appellant

Commissioner of the Metropolitan Police Service

Second Defendant

Procedural Posture

Judicial Review / Appeal From Divisional Court

Legal Issues

  1. 1 Does the Serious Organised Crime and Police Act 2005 sections 132-138 apply to demonstrations begun before its commencement?
  2. 2 Was the Commencement Order ultra vires in extending the Act to continuing demonstrations?
  3. 3 Is penalisation under unclear law permissible?

Ratio Decidendi

Sections 132-138 of the Serious Organised Crime and Police Act 2005 apply to all demonstrations in the designated area, regardless of when they began; demonstrations started before commencement are deemed to start at commencement for the purposes of the Act.

Court Disposition

Appeal allowed

Orders

  • Orders of the Divisional Court set aside