return to press releases

IMMEDIATE PRESS RELEASE
Friday 8 December 2006

PARLIAMENT SQUARE PEACE PROTESTOR IN SOCPA TEST CASE
Brian Haw faces jail sentence for failing to comply with controversial new anti-protest law

Monday 11th to Wednesday 13 December, Marylebone Road Magistrates' Court
9.30am gathering of support, 10am trial

Brian Haw, the Parliament Square peace protestor, is on trial next week in the latest in a series of cases relating to the controversial ban on unauthorised demonstrations near Parliament under the Serious Organised Crime and Police Act 2005 (SOCPA).

Mr Haw has been continuing his vigil for peace and justice in Iraq and elsewhere for over 5 1/2 years. His display of placards, banners and other items opposite Parliament is testament to the suffering and injustice caused in other countries as a result of the UK's foreign policy.

Mr Haw is charged under Section 134 of SOCPA with failing to comply with the conditions that the police imposed on his protest in May this year.[A]

The trial will be the first test in court of the legality and reasonableness of the conditions (restrictions) that can be applied to a protest under SOCPA. one of the arguments put forward will be that the conditions are incompatible with freedom of expression and association, as enshrined in the Human Rights Act. [B]

Among the range of conditions placed on Mr Haw's protest by the police is one relating to the size of his display. Shortly after this condition was imposed, the police used it to justify their action in the middle of the night of 23 May in which they seized most of the display to reduce it to a fraction of what it previously. [C]

Mr Haw's defence team include Ian MacDonald QC of Garden Court Chambers who has a reputation as one of the most progressive lawyers in the country, taking on criminal, immigration and race relations cases. In 2004 he publicly opposed the government's indefinite detention of terror suspects. [D]

The consequences of this case for Mr Haw could be very serious - if convicted, he faces up to 51 weeks in prison or a substantial fine.

Mr Haw said, "This case is about love, peace and justice for all. It is about humanity, decency, democracy versus genocide, torture, diabolical cruelty and mindless greed. Its an age-old battle for truth and sweet reason to prevail."

CONTACTS AND INFORMATION
The court will start at 10am. There will be a demonstration of support outside from 9.30am.
Marylebone Road Magistrates' Court is at 181 Marylebone Road, London, NW1 5QJ. nearest tubes: Edgware Road, Baker Street. The court is near Marylebone mainline station.

Contact Emma Sangster, supporter of Brian Haw, on 07791 486484 or Laura Higgs at Bindmans and Partners, 020 7833 4433.

NOTES
A. After the Court of Appeal hearing on 8th May, Brian Haw lost his exemption from the ban on unauthorised protest in the 'designated area' around Parliament under the Serious Organised Crime and Police Act 2005. (Judges rule against peace vigil, BBC, 8 May 2006 http://news.bbc.co.uk/1/hi/england/london/4983780.stm)
Mr Haw notified the police that he would be continuing his protest 'without prejudice' (i.e. without recognition that the law should be applied to him retrospectively). The Act says that the police must give permission to anyone applying.

B. Under Section 134 of the Serious Organised Crime and Police Act 2005, the police can impose conditions on a demonstration to control it. These conditions can be extremely wide ranging, covering anything from the place and time where the demonstration may take place, how long it can go on for, how many people can take part, the number and size of banners or placards used and the maximum permissible noise levels.
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#132

C. Police seize Parliament Square protester's placards, The Guardian, Tuesday May 23, 2006: http://politics.guardian.co.uk/iraq/story/0,,1781182,00.html

D. See http://www.gardencourtchambers.co.uk/