Haw, R (on the application of) v Secretary of State for the Home Department & Anor [2005] EWHC 2061 (Admin) (29 July 2005)

Haw, R (on the application of) v Secretary of State for the Home Department & Anor [2005] EWHC 2061 (Admin) (29 July 2005)

Section 132(1) of the Serious Organised Crime and Police Act 2005, as enacted, does not apply to demonstrations that began before the Act came into force. The Commencement Order's attempt to extend section 132(1) to continuing demonstrations is ultra vires, as it amounts to an amendment rather than a transitional...

Source-derived case information.

Citation
[2005] EWHC 2061 (Admin)
Parties
Claimant: Brian Haw; First Defendant: Secretary of State for the Home Department; Second Defendant: Commissioner for the Metropolitan Police Service
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Judicial Review / Substantive Hearing After Grant of Leave
Outcome
Application granted
Legal Topics
Ultra Vires, Delegated Legislation, Commencement Orders, Penal Statutes, Freedom of Expression
Administrative Law Criminal Law Statutory Interpretation Ultra Vires Delegated Legislation Commencement Orders Penal Statutes Freedom of Expression

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Parties

Brian Haw

Claimant

Secretary of State for the Home Department

First Defendant

Commissioner for the Metropolitan Police Service

Second Defendant

Procedural Posture

Judicial Review / Substantive Hearing After Grant of Leave

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 purporting to extend section 132(1) to continuing demonstrations ultra vires the enabling Act?
  3. 3 Should a purposive construction be applied to penal statutes in this context?

Ratio Decidendi

Section 132(1) of the Serious Organised Crime and Police Act 2005, as enacted, does not apply to demonstrations that began before the Act came into force. The Commencement Order's attempt to extend section 132(1) to continuing demonstrations is ultra vires, as it amounts to an amendment rather than a transitional provision, and such amendment power was not available under section 178(10). Penal statutes must be strictly construed and cannot be extended by administrative order without clear Parliamentary authority.

Court Disposition

Application granted

Orders

  • Declaration that section 132(1) does not apply to Mr Haw's demonstration
  • Quashing of the relevant parts of the Commencement Order as ultra vires