Haw, R (on the application of) v Secretary of State for the Home Department & Anor

Haw, R (on the application of) v Secretary of State for the Home Department & Anor

Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 apply to all demonstrations in the designated area, whenever they began. The statutory language, construed in context and considering the disapplication of section 14 of the Public Order Act 1986, shows Parliament intended to regulate both new and ongoing demonstrations. The words 'when the demonstration starts' must be read as referring to the commencement date for demonstrations already in progress.

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 to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Freedom of Assembly, Police Powers, Commencement of Legislation
Constitutional Law Administrative Law Criminal Law Statutory Interpretation Freedom of Assembly Police Powers Commencement of Legislation

Case Brief

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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 to Court of Appeal

Legal Issues

  1. 1 Does section 132(1) of the Serious Organised Crime and Police Act 2005 apply to demonstrations that began before the Act came into force?
  2. 2 Was the Commencement Order ultra vires in purporting to extend the Act to continuing demonstrations?
  3. 3 What is the proper construction of the statutory language regarding 'when the demonstration starts'?

Ratio Decidendi

Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 apply to all demonstrations in the designated area, whenever they began. The statutory language, construed in context and considering the disapplication of section 14 of the Public Order Act 1986, shows Parliament intended to regulate both new and ongoing demonstrations. The words 'when the demonstration starts' must be read as referring to the commencement date for demonstrations already in progress.

Court Disposition

Appeal allowed

Orders

  • Orders of the Divisional Court set aside