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

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 purporting to extend section 132(1) to continuing demonstrations was ultra vires, as section 178 did not confer power to amend the Act. Penal statutes must be strictly construed, and any extension of criminal liability must be clearly authorised by Parliament.

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 Judgment After Grant of Leave
Outcome
Application allowed
Legal Topics
Ultra Vires, Commencement Orders, Penal Statutes, Transitional Provisions, Freedom of Expression
Administrative Law Criminal Law Statutory Interpretation Ultra Vires Commencement Orders Penal Statutes Transitional Provisions 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 Judgment 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?
  3. 3 Should penal statutes be strictly construed against the state?

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 purporting to extend section 132(1) to continuing demonstrations was ultra vires, as section 178 did not confer power to amend the Act. Penal statutes must be strictly construed, and any extension of criminal liability must be clearly authorised by Parliament.

Court Disposition

Application allowed

Orders

  • Order quashing Articles 3(1)(p), 3(5), and 4(2) of the Commencement Order as ultra vires
  • Declaration that the claimant is not required to seek authorisation for the continuing protest under sections 132 to 138