Practice and Procedure

HARRY JOHN HAMMOND v DIRECTOR OF PUBLIC PROSECUTIONS (2004)

PUBLISHED January 13, 2004
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[2004] EWHC 69 (Admin)

A conviction under s.5 Public Order Act 1986 was, in the circumstances, an interference with the appellant's human rights under Art.9 and Art.10 European Convention on Human Rights that was justified by the pressing social need to show tolerance to others. It had not been perverse for Wimbourne Magistrates court to hold that the words used on a sign in public were insulting within the meaning of s.5 Public Order Act 1986 and the appellant had no defence of reasonable conduct.

DC (May LJ, Harrison J)

13/01/2004

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