Director of Public Prosecutions V Haw
In the case of Director of Public Prosecutions v Haw, the judgement of the court, delivered by Lord Phillips CJ, included the following:
- 3. The issues raised by the case stated are as follows:
- i) Whether the statutory powers available to the Commissioner of Police under Section 134 of SOCA can be exercised by a subordinate on his behalf;
- ii) Whether the conditions imposed on Mr Haw were ultra vires, or incompatible with Articles 10 and 11 of the European Convention on Human Rights ('ECHR'), as unreasonable or insufficiently clear.
This was an adjourned hearing of an appeal by way of case stated by the Director of Public Prosecutions against a decision of District Judge Purdy in the City of Westminster Magistrates Court on 22 January 2007. The judge ruled that there was no case for the Respondent, Brian Haw, to answer on a charge of knowingly failing to comply with a condition imposed under Section 134 of the Serious Organised Crime and Police Act 2005 ('SOCA') in respect of a demonstration in Parliament Square. The hearing before the Administrative Court was adjourned because Mr Haw had not been served with relevant documents in time to give them proper consideration.
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