“This case concerns the rights and freedoms of (the appellant) to express and manifest (his) religious beliefs at a peaceful public demonstration, without unlawful interference by the police. Those important rights and freedoms were violated when on16th December 2004 the police (1) imposed upon (the appellant) requirements that should, as a matter of law, never have been made and then (2) wrongly arrested and detained (him) for alleged failure to comply with those requirements. More generally, this case raises a point of principle, namely whether and to what extent it might be appropriate for the police to use statutory powers (under section 30 of the Act) intended to deal with persistent anti-social behaviour in particular localities against those peacefully manifesting their rights to protest.”
“The aim of these powers is to prevent people from feeling frightened and discouraged from using public spaces because they feel threatened by groups of young people hanging around.”
“… the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.”
“Free speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence. Freedom only to speak inoffensively is not worth having.”
“Freedom of assembly and the right to express one's views through it are among the paramount values of a democratic society. The essence of democracy is its capacity to resolve problems through open debate. Sweeping measures of a preventive nature to suppress freedom of assembly and expression other than in cases of incitement to violence or rejection of democratic principles - however shocking and unacceptable certain views or words used may appear to the authorities, and however illegitimate the demands made may be - do a disservice to democracy and often even endanger it.”
“These qualifications are necessary to prevent the rights being abused and the rights of others suffering in consequence. Unfortunately, as the facts of this case demonstrate, there are, among the public, those who intend to take advantage of others seeking to exercise their right to protest lawfully, by creating public disorder, committing unlawful acts and causing personal injuries and damage to property. Today, those who have such an intent, can, by using technology, assemble greater numbers of individuals wishing to create disturbances than has hitherto been possible. When this is happening, it presents great challenges for the authorities. While the authorities must be prepared to have their actions scrutinised to ensure that they are proportionate and reasonable and in accordance with the law, it is equally important that, subject to any action taken to comply with these requirements, the authorities are not prevented from taking action and that the required action is in fact taken by the authorities to prevent disturbances happening. Otherwise, the conduct of those intent on creating unlawful disturbances can undermine the ability of others lawfully to exercise their rights, including their rights under Articles 10 and 11 to protest.”
“A necessary implication is one which necessarily follows from the express provisions of the statute construed in their context. It distinguishes between what it would have been sensible or reasonable for Parliament to have included or what Parliament would, if it had thought about it, probably have included and what it is clear that the express language of the statute shows that the statute must have included. A necessary implication is a matter of express language and logic not interpretation.”
"... and I discussed with him the most appropriate tactics."
"It was ... clear from the information I had that members of the public and the theatregoers (particularly the children) were likely to become alarmed or distressed by the actions of the protesters. The use of the powers under section 30 ... was considered to be proportionate action. Further, it was the least intrusive [of the] options available to us."