In this case, irrefutable evidence was offered regarding Babs and Brian wearing matching book-end pink sparkly banners and DJ N. Evans refusing to accept the truth of the evidence and reality.
Tucker v Director of Public Prosecutions (30 November 2007)
Tucker v Director of Public Prosecutions [2007] EWHC 3019 (Admin) (30 November 2007) This was an appeal by way of case stated. The appellant was convicted under section 132 (1) (c) of the Serious Organized Crimes and Police Act (SOCPA) of being within the jurisdiction of the Central Criminal Court, carried on unauthorised demonstration by herself in a public place in a designated area, namely Parliament Square. Her defence was that Mr Brian 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 Ms Tucker's conviction was therefore lawful.
Tucker v Director of Public Prosecutions [2007] EWHC 3019 (Admin) (30 November 2007) This was an appeal by way of case stated. The appellant was convicted under section 132 (1) (c) of the Serious Organized Crimes and Police Act (SOCPA) of being within the jurisdiction of the Central Criminal Court, carried on unauthorised demonstration by herself in a public place in a designated area, namely Parliament Square. Her defence was that Mr Brian 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 Ms Tucker's conviction was therefore lawful.
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