Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration.
Held: The appeal failed. A valid order could be used when necessary even if for purposes not foreseen when the order was made. Certain kinds of demonstrations had specific statutory protections, but it was not for the courts to extend those classes.
Judges:
Wall LJ, Wilson LJ, Hallett LJ
Citations:
[2006] EWCA Civ 1118, Times 15-Aug-2006, [2006] 1 WLR 3374, [2007] 2 All ER 297
Links:
Statutes:
Anti-Social Behaviour Act 2003 30
Jurisdiction:
England and Wales
Citing:
Cited – Ezelin v France ECHR 26-Apr-1991
The free speech of protesters should not be curtailed simply because of the unlawful behaviour of one or two individuals. The court considered that ‘that the freedom to take part in a peaceful assembly – in this instance a demonstration that had not . .
Cited – Sierny v Director of Public Prosecutions Admn 15-Feb-2006
An authorisation for a dispersal order under the Act must specify, if only in summary form, the grounds upon which it is made. A mere statement that an officer had grounds for making an authorisation was not sufficient. Specification of the grounds . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – Redmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
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 – Stankov And The United Macedonian Organisation Ilinden v Bulgaria ECHR 2-Oct-2001
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed; Violation of Art. 11; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses (domestic . .
Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others CA 8-Dec-2004
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 . .
Appeal from – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Police, Human Rights
Updated: 17 May 2022; Ref: scu.243998