Maya Evans convicted under section 132 of SOCPA - given a conditional discharge

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The BBC reports that Maya Evans has been convicted.

Maya Anne Evans, 25, a vegan cook from Hastings, was found guilty of breaching Section 132 of the Serious Organised Crime and Police Act.

She was arrested in October after reading out names of soldiers killed in Iraq at central London's Cenotaph.

Bow Street magistrates gave her a conditional discharge.

According to Sky News preview of tomorrow's newspapers, both the right wing Daily Mail and the left of centre Independent give over their front pages to highlight this restrction on free speech..

Maya Evans case was specifically discussed by David Cracknell of the Sunday Times and Lembit Öpik a Liberal Democrat MP, who said of the restriction on free speech being reported on the front pages of the Daily Mail and The Independent, "It is as bad as it sounds".

Since the Court has now set a legal precedent by ruling that a Ceremony of Remebrance is a demonstration according to the Serious Organised Crime and Police Act, this will have a serious knock on effect on other more traditional Ceremonies.

If the SOCPA law is applied equally and fairly to every other Ceremony held within the Designated Area, then it must also affect the organisers and participants in the next Poppy Day Remebrance Sunday in Whitehall, the next Trooping of the Colour Ceremony in Horseguards Parade, the next State Opening of Parliament, the next Wedding or Funeral in Westminster Abbey or in the the Central Methodist Hall etc.

Most of these public events involve Processions, which are exempt from SOCPA, but which have their own restrictions. However, they all end up in "public places" and so they do fall foul of this bad law.

(b) "public place" means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,

Who is going to be brave enough to arrest Her Majesty the Queen or the Archbishop of Canterbury ?

2 TrackBacks

Another blow for free speech, for no "security" benefit whatsoever: Maya Evans convicted under section 132 of SOCPA - given a conditional discharge Since the Court has now set a legal precedent by ruling that a Ceremony of Remebrance is... Read More

There was a Channel 4 TV documentary Dispatches: Stealing Your Freedom shown on Monday 27th February 2006, which included a segment with Maya Evans and Peter Hitchins reading out some of the same names of British military casulaties in Iraq,... Read More

6 Comments

This Indymedia report has some details of the Court judgement:

the defence argued that in order to convict, the prosecution would have to show that in a democratic society it was necessary to infringe maya's human rights (specifically article 10 - freedom of expression, and article 11 - freedom of assembly). the defending solicitor, mr. mackenzie, pointed out that the SOCPA (in section 134) set out some reasons for its existence: to prevent hindrance to persons attending the palace of westminster; to prevent hindrance to the operation of parliament; and to prevent serious public disorder, security threats etc. it was clear that none of this could possibly apply to milan and maya's ceremony. it was also important to show, that given the democratic right in the rest of the country to demonstrate, that there is something so special about the whole of the rather wide designated area that even such a small static protest could require authorisation and risk criminalisation.

the human rights act does allow for restrictions on protest in terms of prevention of public disorder, safety, and so on, but the defence argued that since milan had been in touch with the police and they were aware of the protest, its nature and intention, the requirement for authorisation and the subsequent criminalisation were wholly unnecessary and disproportionate.

after a brief recess, the magistrate emerged at 12.30 to give the verdict. she pointed out that there was no dispute over the facts of the case, and noted that it is not open to a magistrate to directly challenge a law on human rights or any other basis - that would be for a higher court. she did however agree that the interpretation of existing legislation must be compatible with the human rights act. section 132 is itself unambiguous, but it is necessary to read in a human rights proviso that no offence is committed unless it is shown that it was necessary in a democratic society to impose restrictions in order to avoid hindrance, disorder etc. she agreed that if authorisation had been applied for, then no conditions were likely, but then went on to conclude that the balance between public order issues and the human rights act is for parliament to decide, and that parliament had framed this legislation after consideration in an unambiguous way. therefore in her view it was not necessary to read any proviso into section 132, it should be given its natural meaning, and thus, maya evans had committed the offence under that section.

due to the highly relevant mitigating circumstances (that the protest was small, peaceful and orderly, and that maya had co-operated fully with the arrest procedure) the magistrate imposed a penalty of a 12 month conditional discharge. the prosecution requested £200 costs, and the magistrate halved this to £100 payable at £5pw and starting within 28 days.

"therefore in her view it was not necessary to read any proviso into section 132, it should be given its natural meaning"

Please let Maya know that she has enormous support at her side. Just speaking for myself I admire her idea to read out the names in an absolutely appropriate place and I shall happily join a demonstration in support of democracy and free speech.

Precedent, yes, but for protests not notified tot he police in advance; the only redeeming thing ont he whole thing is the guy she was with wasn't arrested as he'd informed the police he was going to be there.

That's not much of a redeeming feature, but still. When I saw the Daily Mail headline, I was horrified. Fortunately, the Independent ran the story as well, so I didn't have to buy the rag.

According to Maya's own account:

Bizarrely, Milan Rai, who was arrested for organising this 'unauthorised demonstration', has not yet even been charged for his 'crime'. He is still waiting for the Crown Prosecution Service to make up its mind whether to take him to court, with a possible 51 week sentence at the end of the trial.

Even more bizarrely, Milan was a witness in Maya's case. He has not even been charged, and he was giving evidence in the proceedings which ended by convicting her!

this is such a stupid prosecution that everyone who cares about free speech should hold their own demonstration in exactly the same way until the court is flooded with prosecutions.

no , you flucking morons , it isnt silly !its fascism !

ooh mummy , that could never happen in england ! unless of course we have all been reduced to spineless , turnip munching f*cking village idiots.

destroy corporate fascism - UK.

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Recent Comments

  • subservient coward.: no , you flucking morons , it isnt silly !its read more
  • roger evans: this is such a stupid prosecution that everyone who cares read more
  • Peaceful Demonstrator: According to Maya's own account: Bizarrely, Milan Rai, who was read more
  • MatGB: Precedent, yes, but for protests not notified tot he police read more
  • Gerda Speller: Please let Maya know that she has enormous support at read more
  • Peaceful Demonstrator: This Indymedia report has some details of the Court judgement: read more

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This web blog has been set up as an information resource and discussion area (please be polite in the comments) to help organise resistance to the restrictions on peaceful democratic demonstrations and protests, which have been enacted by law, in a wide Designated Area around Parliament Square in London.

It appears that in order to remove the peace protester Brian Haw, who has now been demonstrating continuously in Parliament Square, day and night, for over 5 6 years, the NuLabour Government have overreacted, and have granted themselves draconian and arbitrary powers, which affect the rights of all individual British citizens to lobby their Members of Parliament, or to walk in a vast Designated Area wearing a "political slogan" T-shirt, badge, rubber wristband etc. without first seeking prior written permission from the Police.

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Serious Organised Crime and Police Act 2005

The Serious Organised Crime and Police Act 2005 was rushed through, "on the nod", with minimal debate, during the undemocratic "wash up" process at the end of the last Parliament when the General Election had been called.

The bulk of the Act deals with the setting up of the Serious Organised Crime Agency, but there are also sections such as:

Section 110 Powers of Arrest

From 1st January 2006 this section makes any offence, no matter how minor, into an arrestable offence. Arrests by the police these days can mean taking 10 fingerprints and two palm prints, a DNA tissue sample and processing it into a digital "DNA fingerprint", forcing you to remove any facial coverings, (even those worn for religous purposes) to take photographs of your face etc. All of these items of personal data can then be retained forever, even if you are not charged, or any charges against you are dropped, or if you go to court and are found not guilty.

These new powers are regulated by the new statutory Police and Criminal Evidence Act 1984 (PACE) Code of Practice G (.pdf)

Section 128 Trespass on a Designated Site - e.g. Crown Property or National Security

Sections 132 to 138 Demonstrations in the vicinity of Parliament - the controversial restrictions in detail.

The Public Whip website has details of how the Members of the House of Commons voted on these controversial clauses.

Designated Area

The current Designated Area is set out in: Statutory Instrument 2005 No. 1537 The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005

Read more about the Designated Area in our category archive.

Write to politicians

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You can also write to the Home Secretary David Blunkett Charles Clarke John Reid Jacqui Smith

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Rt. Hon. Jacqui Smith MP
Home Secretary
c/o Direct Communications Unit
Home Office
2 Marsham Street
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Mass Lone Demonstrations

Comedian Mark Thomas's website has details of Mass Lone Demonstrations which legally show up the absurdity of this law, and the bureaucracy involved in enforcing it. These multiple independent one person demonstrations take place on the third Wednesday of the month, from 5pm - 7.30pm within the Designated Area (often in Parliament Square, but not exclusively so)

Meet on the second Wednesday of each month outside Charing Cross police station (located at Agar Street, London, WC2N 4JP - see the map) any time between: 5.30 pm -7.30pm to hand in your Metropolitan Police SOCPA forms (download the optional Word or PDF forms from the Metroplitan Police) or your own personal Written Applications for Prior Permission.

Regular Protests in Parliament Square

Parliament Square - supporting the long running, 24/7, peace protest by Brian Haw in Parliament Square

Global Women's Strike who held "open mike" loudspeaker protests every Wednesday for over two and a half years, which are now banned.

London Critical Mass - group bicycle ride on the last Friday of every month, for the last 10 years, which often strays into the Designated Area.

The People's Commons Meeting / Tea Party / Picnic-Protest is now meeting every Sunday afternoon starting at 1 for 1.30pm on the Green in Parliament Square. wiki - new website PeopleInCommon.org

Website Links

Home Office - "Not fit for purpose. It is inadequate in terms of its scope, it is inadequate in terms of its information technology, leadership, management, systems and processes" - Home Secretary John Reid. 23rd May 2006.

Metropolitan Police Service

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Independent Police Complaints Commission

United Kingdom Parliament - Palace of Westminster, House of Lords, House of Commons etc.

Booking Parliament Square - Greater London Authority booking forms, terms and conditions for filming and photography for Parliament Square - "The GLA does not grant permission for demonstration, rallies and public meetings on Parliament Square Gardens".

They Work For You - a more user friendly version of the House of Commons Hansard

Pledgebank pledge:

"I will form part of a human chain around the Westminster no protest zone but only if 6,000 other people will join in."

Repeal-SOCPA-Info has useful briefing material for the Public Consultation into the laws restricting demonstrations, marches and assemblies, sample letters to MPs etc..

Blog Links

Spy Blog - Privacy and Security and Civil liberties campaigning

Mayor of London Blog - unnofficial comments on the Mayor of London and Greater London Assembly

Fuel Crisis Blog - Petrol at £1 per litre ! Protest !

Bloggerheads graphics of the 1km zone and the actual Designated Area

Charity Sweet - who has been harrassed for reading a copy of the Independent newspaper outside Downing Street etc.

BBC Travel Jam Cams

BBC Radio London has some links to Traffic Monitoring CCTV cameras, which they publish every 5 or 10 minutes, not usually in real time.

Whenever there is an "incident" or a march or demonstration, these online images are deliverately censored i.e. "not available for operational reasons", This is despite the images being of too low a resolution to identify anybody, and, the effect of not diverting traffic away from the incident, which should be the whole point of the online Traffic Cam images in the first place.

Whitehall / Parliament Square - this camera view sometimes shows Brian Haw's peace camp, and the new GLA fence around Parliament Square Gardens. (now removed, for the time being)

Northumberland Avenue / Victoria Embankment

Trafalgar Square (on the edge of the Designated Area)

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