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Haw protest restrictions unlawful Haw protest restrictions unlawful
(2 days later)
Restrictions placed on anti-Iraq war protestor Brian Haw by police over his six-year peace vigil have been ruled unlawful by the High Court. Restrictions placed on anti-Iraq war protestor Brian Haw by police over his six-year peace vigil have been ruled unlawful in a High Court judgement.
But Mr Haw was warned by Lord Chief Justice Lord Phillips his protest could be severely restricted if he does not reach an agreement with the police.But Mr Haw was warned by Lord Chief Justice Lord Phillips his protest could be severely restricted if he does not reach an agreement with the police.
Superintendent Peter Terry had reported that "whenever I do speak to Brian Haw, he stands and shouts at me". Met Supt Peter Terry said in a previous hearing that "whenever I do speak to Brian Haw, he stands and shouts at me".
Mr Haw, from Redditch, has held a vigil outside Parliament since 2 June 2001.Mr Haw, from Redditch, has held a vigil outside Parliament since 2 June 2001.
Mr Haw won a legal battle in January to remain in place due to a drafting error in a new law banning unauthorised protests in Westminster, but was ordered to restrict his banners and placard display to a three-metre area.
The Crown Prosecution Service (CPS) had appealed against the ruling.
Human rights breachHuman rights breach
Lord Phillips said: "The challenge made on behalf of Mr Haw to the practicality of the conditions imposed may mean that the police will be driven, in the interests of workability, to impose conditions on him that are simpler and more restrictive. In the latest judgement, Lord Phillips said: "The challenge made on behalf of Mr Haw to the practicality of the conditions imposed may mean that the police will be driven, in the interests of workability, to impose conditions on him that are simpler and more restrictive.
"Mr Haw has chosen for his demonstration a site that is particularly sensitive. He would be well-advised to co-operate with the police in agreeing the conditions of such demonstration.""Mr Haw has chosen for his demonstration a site that is particularly sensitive. He would be well-advised to co-operate with the police in agreeing the conditions of such demonstration."
Lord Phillips, sitting with Mr Justice Griffith Williams, dismissed an appeal by the Director of Public Prosecutions against a district judge's decision that conditions imposed on Mr Haw were so unclear as to be unworkable and a breach of his human rights.Lord Phillips, sitting with Mr Justice Griffith Williams, dismissed an appeal by the Director of Public Prosecutions against a district judge's decision that conditions imposed on Mr Haw were so unclear as to be unworkable and a breach of his human rights.
Much of Mr Haw's peace camp was largely dismantled by police in May 2006 at a cost to the Metropolitan Police of nearly £27,000. Mr Haw's peace camp was dismantled by police in May 2006 at a cost to the Metropolitan Police of nearly £27,000 - part of a larger sum of £111,000 the Metropolitan Police had spent on policing the protest last year.
Mr Haw appeared in front of Westminster magistrates in January accused of breaching his police conditions. Challenge allowed
District Judge Quentin Purdy dismissed the charge, saying Mr Haw had no case to answer. The raid came after Mr Haw had been told by officers that the demonstration spot he was permitted to hold had to be within an area 3m wide by 3m high and 1m deep, which officers believed he had breached.
But the High Court judges allowed the prosecution to challenge another ruling by the district judge that Metropolitan Police Commissioner Sir Ian Blair was not allowed to delegate the making of conditions to Mr Terry. District Judge Quentin Purdy dismissed the charge against the protestor, saying Mr Haw had no case to answer.
But the High Court judges upheld a police appeal that Metropolitan Police Commissioner Sir Ian Blair could delegate the making of conditions to more junior officers, such as Supt Terry.
The Serious Organised Crime and Police Act 2005 puts limits on demonstrations within 1km (about half a mile) of the Houses of Parliament.The Serious Organised Crime and Police Act 2005 puts limits on demonstrations within 1km (about half a mile) of the Houses of Parliament.