Source: All England Reporter
Publisher Citation: [2006] All ER (D) 303 (Dec)
Neutral Citation: [2006] EWHC 3209 (Admin)
Court: Queen's Bench Division (Divisional Court)
Judge:

Waller LJ and Lloyd Jones J
Representation Peter Thornton QC and Julian Knowles (instructed by Hickman & Rose) for the defendant in the first appeal.
  Peter Thornton QC and Julian Knowles (instructed by Imran Khan & Partners) for the defendant in the second appeal.
  Peter Thornton QC and Julian Knowles (instructed by Bindman & Partners) for the defendant in the third appeal.
  Peter Thornton QC and Julian Knowles (instructed by Liberty) for the defendant in the fourth appeal.
  David Pannick QC and David Pievsky (instructed by the Crown Prosecution Service) for the Director of Public Prosecutions.
Judgment Dates: 20 December 2006

Catchwords

Public order - Demonstration - Demonstration in a designated area - Statutory requirement for organiser of demonstration to apply to police for authorisation - Defendants convicted of either taking part in or organising demonstrations where no authorisation sought - Whether section providing for authorisation compatible with Convention right to freedom of assembly - , Sch 1, Pt 1, art 11 - , s 132.

The Case

of the Serious Organised Crime and Police Act 2005 which required authorisation for a demonstration in a designated area was compatible with the right to freedom of assembly in art11 of the European Convention on Human Rights and therefore Parliament was entitled to impose sanctions where authorisation had not been obtained. An authorisation procedure was normally compliant with the requirements of art11 since the imposition of such sanctions pursued a legitimate aim, namely enforcement of the authorisation procedure and was necessary in a democratic society for that purpose.

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