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Ecclesiastical Case Reports
Hammond v DPP
(Divisional Court: May LJ, Harrison J, January 2004)
Public order – European Convention on Human Rights
The appellant was an evangelical Christian and preacher who, during the summer of 2001, had preached in public holding a double-sided sign bearing the words ‘Stop Immorality’, ‘Stop Homosexuality’ and ‘Stop Lesbianism’. He had been arrested in The Square, Bournemouth after his preaching had caused a disturbance. He was charged with an offence under section 5 of the Public Order Act 1986 of displaying a writing or sign which was threatening, abusive or insulting within the hearing or sight of a person likely to be caused harassment, alarm or distress. The Magistrates convicted him and his estate appealed by way of case stated (the complainant having died before the appeal could be brought on). The complainant submitted that his conduct had been reasonable as he was exercising his rights enshrined in Articles 9 and 10 of the European Convention on Human Rights (freedom of thought, conscience and religion and freedom of expression respectively). It was further argued that no reasonable tribunal of fact could conclude that the words on the sign were insulting within the meaning of Section 5(3)(c) of the Act; further and in the alternative the insults were not gratuitous but formed part of the complainant’s sincere position of religion and morality, they were for the purpose of converting others and he was not using threatening language or inciting violence. It was accepted by the complainant that the respondent’s behaviour in arresting him and charging him had been prescribed by law, for a legitimate aim and was proportionate. The Court ruled that the Justices had found as a matter of fact that the words displayed were insulting by relating homosexuality and lesbianism to immorality; further that they had taken into account Articles 9 and 10 when reaching the conclusion that the complainant’s conduct was not reasonable. The appeal was dismissed.
This case is also reported as [2004] EWHC 69 (Admin) and in (2004) The Times, 28 January.
[JG]
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