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.
Read more about this topic: Brian Haw
Famous quotes containing the words tucker, director and/or public:
“I’ve been rich and I’ve been poor. Believe me, honey, rich is better.”
—Sophie Tucker (1884–1966)
“The director is simply the audience. So the terrible burden of the director is to take the place of that yawning vacuum, to be the audience and to select from what happens during the day which movement shall be a disaster and which a gala night. His job is to preside over accidents.”
—Orson Welles (1915–1984)
“Many older wealthy families have learned to instill a sense of public service in their offspring. But newly affluent middle-class parents have not acquired this skill. We are using our children as symbols of leisure-class standing without building in safeguards against an overweening sense of entitlement—a sense of entitlement that may incline some young people more toward the good life than toward the hard work that, for most of us, makes the good life possible.”
—David Elkind (20th century)