Brian Haw wins in Court regarding Conditions imposed under SOCPA Designated Area around Parliament Square law

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Long term peace protester Brian Haw, has won his latest legal case regarding the Serious Organised Crime and Police Act 2005 Designated Area restrictions around Parliament Square and beyond - a welcome surprise.

The BBC reports:


Parliament protester's legal win
Last Updated: Monday, 22 January 2007, 14:29 GMT

Anti-war protester Brian Haw has won his latest legal battle to maintain his demonstration in Parliament Square.

Police claimed Mr Haw, 57, from Redditch, Worcestershire, posed a threat as terrorists could hide bombs under his many banners and placards.

But District Judge Quentin Purdy said he had not breached conditions imposed on him by the Metropolitan Police (Met) as they were unclear and invalid.

Mr Haw has held a continuous vigil outside Parliament since 2 June 2001.

He was accused of failing to comply with conditions imposed under the new Serious Organised Crime and Police Act (Socpa), which puts limits on demonstrations within 1km of the Houses of Parliament.

Terror threat

The new law rules that all demonstrations in that area need police permission.

Mr Haw had won a legal ruling that as his vigil pre-dated the law, it did not apply to him. But that decision was overturned by the Court of Appeal.

A police officer put restrictions on him, under Socpa, on 8 May 2006 which included limiting his protest to within an area 3m wide by 3m high and 1m deep.

Then on 23 May last year about 90% of placards erected by Mr Haw were seized in a police raid. The Met claimed he had breached the conditions.

Mr Haw continued his protest but with a much reduced presence opposite the Houses of Parliament, as the police took him to court for breaching the conditions.

At a previous hearing at Marylebone Magistrates' Court, police said they imposed the order as they feared terrorists could plant bombs in them without Mr Haw knowing.

Given the Police patrols, and the amount of CCTV surveillance of Parliament Square, from all angles, at all times, how is that scenario at all likely ?

But applause broke out at the City of Westminster Magistrates' Court on Monday when Mr Purdy said those conditions were invalid as they lacked clarity.

Mr Purdy added that the imposed conditions were not legitimate as they should have been ordered by Metropolitan Police Commissioner Sir Ian Blair, rather than an officer from a lower rank.

He said: "I find the Commissioner cannot delegate his powers under Socpa as he purported to do.

"Additionally I find the conditions drafted as they are lack clarity and are not workable in their current form."

[...]

This is an interesting interpretation, and sets a legal precedent.

Perhaps the Metropolitan Police and the Home Office will appeal, since it is seems to us that "the senior officer on the spot", does have the power to arbitrarily add to or amend any Conditions which the Commissioner of Police for the Metropolis i.e. Sir Ian Blair, may have initially imposed. - see SOCPA Section 135 Supplementary directions

135 Supplementary directions (1) This section applies if the senior police officer reasonably believes that it is necessary, in order to prevent any of the things mentioned in paragraphs (a) to (g) of subsection (3) of section 134-

(a) to impose additional conditions on those taking part in or organising a demonstration authorised under that section, or

(b) to vary any condition imposed under that subsection or under paragraph (a) (including such a condition as varied under subsection (2)).

(2) The senior police office may give directions to those taking part in or organising the demonstration imposing such additional conditions or varying any such condition already imposed.

(3) A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence.

(4) It is a defence for him to show that the failure to comply arose from circumstances beyond his control.

(5) In this section, "the senior police officer" means the most senior in rank of the police officers present at the scene (or any one of them if there are more than one of the same rank).


2 Comments

What a tangled web they weave when first they practice to decieve. The antics in courtroom number 3 at Westminster Magistrates Court would be laughable should the consequences of their corruption not be so serious.

Geocide is a war crime and Tony Bliar is a war criminal. The sooner he is sent to the Hague, the better for all humanities children and the future.

What a crock of shit I witnessed yesterday.

Steve Jago was first assigned to Court 2 to resolve two SOCPA charges and Court 3 was reserved for Barbara Tucker and her eleven mysterious charges. Jago was then told from Court 2 to go to Court 4. Sensibly Jago asked court 3 if he could be heard there and was told that's where he was supposed to be. Musical courtrooms anyone?

Tucker was represented by Maggie from Bindman's. Mr. Brian W. Haw was denied access to the public gallery of courtroom 3 which was questioned by Tucker. Next, Haw was denied entry into the gallery with his iconic hat and finally we all settled into the gallery to watch DJ Snow and his three ring circus.

Tucker was first accused off assalting a PC, after climbing over barriers to thump him(sheer unadulterated bullshit) and the charge was mystically reduced to resisting a PC, not resisting arrest. Were the CX Met thug's charms not working on our beloved Babs?

"Can I assalt you now?"
"Can me and my buddies gang assalt you?"

I think any woman with half a mind would wish to resist the antics of these assholes. It's not exactly fun when you are female and attacked by a large number of men for standing peacefully in public. Tucker's main crime appears to be that she will not shut up and she keeps saying, "Stop killing the kids."

Tucker asserted to Snowjob that all the witnesses from the MET would need to attend court and bear witness on the stand as they all had given perjured statements. Tucker asserted this fact on three separate occasions. The CPS said that they could lesson the witness list by withdrawing some statements... anyone smell a big, stinky, dirty political trial?

Maggie explained to Snowjob that the extraordinary bail conditions need not be set as the charge on Tucker had been reduced from assalting an officer to resisting a PC. Snowjob would not budge and continued to list off a string of accusations which he deemed to be offences to which Tucker clearly pointed out that not a single conviction had been achieved. The bail conditions remain, for the moment.

A trial date was set for May and to extend for three days as the court wanted to deal with her case expeditiously? Unless I am mistaken, they have been dragging Tucker through the courts for over a year since she first notified the Commissioner of her intent to peacefully campaign anywhere, anytime, as long as there is government. Sir Blair, or Sir Shite as I refer to him, was complicit in covering up her notification as were the MET in general, the CPS and that dirty filthy excuse for a judge, Mr. void ab initio - Snowjob. He is well aware that this case was and still is bollocks from the beginning.

Maggie handed a letter to the ignorant clerk of the court, (yes he was indeed pig ignorant in his manner) which clearly put forward Tuckers views. A judicial review would be called upon DJ Snow for his complicity in corrupt court proceeding including gross abuse of process. A judicial review would also be required of the CPS for their hand in these dirty courtrooms. And lastly, the MET and Sir Shite needed to be scrutinised in another JR. All these entities have grossly overstepped the mark and exceeded their authority.

Out goes DJ Snow and in pops DJ Evans to deal with the SOCPA charges against Babs. (I don't like the look of this idiot whatsoever.)

DJ Evans stated that he wanted to deal with these cases quickly and the courtroom erupted into laughter.

A pre-trial review was fixed over three days from May 4th until June 1st.

DJ Evans then exited the courtroom. Then he returned 3 minutes later. Then the CPS suggested that he leave again - he left. THE CPS and the clerk started to have a natter.

It's now Jago's turn to take center ring in Tony the Terrorist's circus.

DJ Snow enters the courtroom and denies Tucker entry to the courtroom to be a MacKenzie friend for Jago. He refused to adjourn the case so as Jago could obtain a solicitor of his choice. The case was put back until 1:00pm. He threatened that should Jago leave he would be arrested as he had been bailed to his courtroom. (Seeing is believing) Jago pointed out that he was denied legal aid and also denied a solicitor of his choice and was now being denied his MacKenzie friend. This is justice???

The idea of the clerk asking Jago, "Why are you here?" set the courtroom laughing yet again. The judges were in and out of the courtroom as if there was a revolving door and when no judge was present, the clerk was left holding the bag.

"Why are you here?"

Jago was bailed for what to where for why by whom?

APPARENTLY NO ONE KNEW.

We went out for a smoke, and were summoned back up to the courtroom at 12:00. Steve stood in the door to courtroom 3, leaning against the doorframe and continued to assert his right to a MacKenzie friend of his choice - Tucker. DENIED! Snow threatened to have Jago for contempt of court for leaning. Snow once again exited the courtroom and the clerk took over, yet again.

Haw entered the room as Jago's MacKenzie friend and there was no sign of a judge in the courtroom from that point on.

Can you spell K.A.N.G.A.R.O.O. C.O.U.R.T.?

An extraordinary amount of court security entered the courtroom and the dock. They all had a good laugh at the side show that is Horseshit Road - Westminster Magistrates court.

In the end, the clerk produced a bail sheet without a judge making a decision, and bailed Jago to June 12th on unconditional bail. Jago has been denied legal aid for his SOCPA cases up to date. Oddly, one of Jago's cases that he has been refused legal aid for, includes assaulting a PC which carries the possibility of imprisonment - an imprisonable offence unlike SOCPA, and it has been decided by the European courts that legal aid funding is generally mandatory for all imprisonable offences.

What a steaming pile of shite! Tony's world of political trials must be brought out into the public realm. If the public could have watched a video of yesterday's antics with those bloody bent judges... Tony would be off to the Hague sooner than he could lie with unmistakable ease.

In closing,

"Tony, kiss my ass!"

Sincerely,
Charity Sweet XXX

It was nice to see some democracy and justice within a courthouse, for a change.

I would like to offer Judge Wadsworth a huge bouquet of roses and many thanks. After seeing the likes of the bent DJ Evans, the corrupt DJ Snow and their crony DJ Purdy, I have had a small amount of my faith restored in the justice system. For the minute, anyway...

Any more news... well, let me tell you


Why are the CPS such assholes? Do they need a degree in assholology to work within the crown persecution service of Westminster?

After having a chat with Tucker's barrister, David Emmanuel from Garden Court Chambers, we were all feeling quite confident upon entering the courtroom.

The judge sat forward and listened and questioned which made a pleasant change from the asswipes who I have witnessed before my mates, on bent benches before; over Brian, Steve, and Babs. They had been clearly scripted as to what to say and what to do.

Eureka! We had what appeared to be an impartial, intelligent judge!

Yes Virginia, there is a Santa Claus!

You have to believe to recieve, is what I teach my children. We must all live in faith and with hope guiding our actions.

The arsehole who represented the CPS went off on his usual rant.... while Tucker keeps being assalted by the police - character assination, character assasination, blah blah blah... same old shit coming out of anothers muppets gob.

Judge Wadsworth seems to question as to why the CPS first perjured themselves with the "Babs climbed over the railing and punched and kicked an officer" and further explained the charge was lessened to resisting a PC charge, which had not yet been charged.

He still talked shit, when he knew he was talking shit, and would, in the same breath, explain that the pile of shit he said was true was bullshit and had been reduced to a lesser pile of shit.

Mr. CPS was such a daft idiot, he even brought up the case which was thrown and declared NFA. Steaming piles of shit steamed out his mouth and we all behaved and only laughed when the judge smirked at the obviously NOT serious threat Babs was to the police... so serious that they had not seen fit to charge in over three months?

Mr. Emmanuel was prepared and successfully argued the "draconian" bail conditions that had been meeted out and how they didn't quite match up with Article 11 of the human rights act - the right to freedom of assembly.

As a last ditch effort, the CPS rebutted that Babs had tried to "throw herself under the PM's car".

And the police had not immediately arrested or charged for why?

Can you spell C.R.O.C.K. O.F. S.H.I.T.?

Westminster is now deperately clutching at straws. Their deperation is becoming quite apparent to the public in general.

The good and Honourable Judge Wadsworth noted that Tucker was "intelligent" and even mentioned that he drove past Brian Haw's peace camp, twice daily, outside the Houses of Parliament, and he clearly wasn't swallowing the shit he was being seved up the CPS. All bail conditions dropped.

Just a little bit of egg on SNOWjob's ugly mooie! (the idiot who imposed these conditions)

What is most curious was the fact that there was not a peep regarding any of the how many outstanding SOCPA charges out of the lips of the CPS?

The CPS was schtum regarding Tucker's long, long, long, long list of SOCPA charges and lack of convictions. HUH? Did I miss something?

Oh no, that's the big white elephant that Tony and his cronies and buddies on the dirty benches don't want being brought out into the open and under the scrutiny of a conscious, living, breathing, independent, real judge.

Tucker notified and she has been punished for notifying and confounding their bullshit law, ever since.

What does one do when one is thrown from one's mount? Get right back up on that horse again!

Upon returning to Parliament Square, three plod went walkies around the square. I took a few photos and was told, "Stop taking my picture. I haven't given you permission to take my picture". I carried on and ignored them. They carried on and walked away.

We made a joint decision to head up to Tony's yard with the dirty laundry... a rather long plastic line draping with babygrows, undershirts, bibs and socks that have been stained and painted with red paint and 'bloody' handprints.

After about half an hour, idiot police decided to come over for a chat.

"It's nice weather we're having". Plod from Charing Cross (CX) trying to strike up a pleasant conversation? None of us were having it and simply ignored them.

I was questioned and stopped under Section 44 of the Terrorism Act... no mention of SOCPA or demomstrating... that old white elephant of a bullshit law Tony penned one night when he had far too much bugal up his honker.

The outcome code was NFA - no further action.

Grounds for search or reason for stop.

"STOPPED UNDER SECTION 44 TERRORISM ACT 2000. MRS. SWEET WAS STANDING QUIETLY OUTSIDE DOWNING STREET WITH OTHERS HOLDING A P/D WASHING LINE WITH PAINTED BABY-GRO'S AND SIGN STATING "No more FALLUGA'S - END OCCUPATION OF IRAQ".
LOCATION WITHIN GOVERNMENT SECURITY ZONE."

To reiterate, I was stopped under the terrorism act for standing quietly with Ton'y dirty washing and Maya's sign saying No more Falluga's within Tony's safe and secure world of Westminster where he is hiding from his future fate of the HAGUE.

Steve Jago and Barbara Tucker recieved absolutely not one ounce of hassle as is right and proper and highly unusual and irregular.

Andy was also stopped and search and given sald rediculous waste of time and space, stop and search form, for holding a camera. He sported no banner nor held up any dirty washing.

Four persons present and... two questioned, two left alone...

Maybe I am mad and I seem to think that this SOCPA law is a farce. One day, Babs can be slammed down to the ground and assalted by CX Met and another day, she is safe, regardless of the fact that since last March, she correctly notified, as per SOCPA legislation, in Tony's mad world where free speech is not a right, it is something that must be begged for.

"Please sir, can I have more?" with hands cupped and outstretched.

"Please Sir, can I have my voice and God given right of free speech back?"

Sir Ian Blair - Go f*ck yourself!

You cannot take from us, the gift we were given from GOD. There will be hell to pay, rest assured, for attempting to silence the hearts and minds of the nations.

The English will only stand for so much and the news is starting to surface amongst the sheeple. They might just wake up and remember that they are people. People with emotions; emotions that motivate them into peaceful action.

Mr. Brian W. Haw was present as support and the raw inspiration of all our actions - he didn't win the most politically inpring individual for nothing!

After plod had done their bit, we decided to go a step further.

The Women of WW2 War Memorial seemed a good place to hang out.

Then the War Memorial... the dirty laundry really made quite a statement!

In closing,

Judge Wadsworth... you have restored my faith in the English judiciary. Thank you.

Blair and Snow ... eat shite! To the Hague you gotta go!

Babs ... you are one in 6 billion or however many brothers and sisters we have all around the world.

Steve ... an absolute pillar of strength and shining example of how real men really should behave.

Brian ... First they ignore you, then they laugh at you, then they fight you, and then you win - Ghandi

Power to the people!
Charity Sweet


P.S. Tony, Jesus loves you. The rest of the world thinks you're a wanker.


Charity Sweet

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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

Write To Them - identify and contact your local councillors, Members of Parliament, devolved Assembly members and Members of the European Parliament

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
London SW1P 4DF

Home Office Contact Us page

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

Metropolitan Police Authority - meant democratically to supervise the Metropolitan Police Service

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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