The appellant was about to make a public address in a situation in which the year before a disturbance had been incited by her speaking. A policeman believed reasonably that a breach of the peace would occur if the meeting was held, and ordered the appellant not to hold the meeting. The appellant however persisted in trying to hold the meeting and obstructed the police officer in his attempt to prevent her from doing so. Neither the appellant nor anyone present, committed, incited or provoked a breach of the peace, but the appellant was held to have wilfully obstructed the officer in the execution of his duty.
Held: The fact that the officer reasonably apprehended a breach of the peace was a justification for the finding that he was acting in the execution of his duty. The police may prevent a demonstration on the public highway where there was any fear of a breach of the peace.
Lord Hewart CJ: ‘English law does not recognize any special right of public meeting for political or other purposes’.
References: [1936] 1 KB 218, (1935) 154 LT 110, [1935] All ER 711
Judges: Lord Hewart CJ, Humphreys and Singleton JJ
Jurisdiction: England and Wales
This case is cited by:
- Cited – Hirst and Agu v Chief Constable of West Yorkshire QBD 1987 ((1987) 85 Cr App R 143)
The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway.
Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction . . - Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999 (Times 05-Mar-99, , Gazette 17-Mar-99, Gazette 31-Mar-99, , [1999] 2 AC 240, [1999] UKHL 5, [1999] 2 WLR 625, [1999] 2 All ER 257, (1999) 6 BHRC 513, (1999) 3 CHRLD 4)
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . . - Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others CA 8-Dec-2004 ([2005] QB 678, , [2004] EWCA Civ 1639, Times 13-Dec-04, [2005] All ER 473)
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop.
Held: The . . - Cited – Redmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999 (Times 28-Jul-99, , , [2000] HRLR 249, [1999] EWHC Admin 733, [1999] Crim LR 998, (1999) 7 BHRC 375, (1999) 163 JP 789, CO/188/99)
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . . - Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006 (, [2006] UKHL 55, Times 14-Dec-06, [2007] 2 WLR 46, [2007] 2 All ER 529, [2007] 2 AC 105, (2006) 22 BHRC 38)
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.192205 br>