Brian Haw - Tucker V Director of Public Prosecutions

Tucker V Director of Public Prosecutions

The case of Tucker v Director of Public Prosecutions, 2007 was an appeal by way of case stated. The appellant, Barbara Tucker, was convicted under Section 132 (1)(c) of the Serious Organised Crime and Police Act 2005 (SOCPA), of being within the jurisdiction of the Central Criminal Court, and carrying on unauthorised demonstration by herself in a public place in a designated area, namely Parliament Square. Her defence was that Haw had invited her to join him in his demonstration. He gave evidence on her behalf to that effect. The magistrate said: "Had I accepted this evidence (which I did not) it would have been argued that the allegation that she had 'carried on an unauthorised demonstration by herself ..... ' could not have been made out, and further more (in my view incorrectly) that it would provide a defence by saying that as Mr Haw is safe from prosecution anyone who joins him is also safe." The question posed by the magistrate was: "Was it lawful under section 6 (1) HRA to convict the appellant?" The Administrative Court held that SOCPA was not incompatible with the European Convention on Human Rights (specifically, Articles 10 (freedom of expression) and 11 (freedom of assembly)), and that Tucker's conviction was therefore lawful.