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  • Court decision expected in first legal challenge to Westminster protest ban

  • 10 Apr 2006
  • Milan Rai could face imprisonment for peacefully protesting
  • Controversial laws banning unlicensed protest within one kilometre of Parliament will face fresh scrutiny on 12 April, when Bow Street Magistrates Court will announce their decision in the first case brought against an individual charged with “organising an unauthorised demonstration” under the Serious Organised Crime and Police Act. Liberty is representing Milan Rai, who could receive a fine of up to £2,500 or 3 months imprisonment.

    Rai and another peaceful protester, Maya Evans, were arrested last year at the Cenotaph in Whitehall as they read out the names of UK soldiers and civilians killed in the war in Iraq.

    James Welch, Legal Director for Liberty, said:

    “This law is part of a growing Government trend to curb the traditional right to peacefully protest. It’s absurd to prosecute someone for holding a vigil for the war dead.”

    In December 2005 Maya Evans became the first person convicted of ‘participating in an unauthorised demonstration’ under SOCPA. She is challenging this decision in the High Court.

    Contact: Jen Corlew on 020 7378 3656 or 07973 831 128

    NOTES TO EDITORS

    1. On 3 April 2006, the Home Office appealed last year’s High Court decision that Brian Haw, who has held a permanent anti-war vigil in Parliament Square for four years, is exempt from the SOCPA ban on unauthorised protest near Parliament. The High Court decision is expected during the week of 10 April.

    2. On 7 April 2006, Mark Barrett was found guilty of violating SOCPA protest laws and fined £500 for meeting other activists for weekly “tea and cake” parties in Parliament Square.

    3. The Serious Organised Crime and Police Act 2005 (SOCPA) prohibits any demonstrations of one person or more within 1 square kilometre of the Houses of Parliament unless prior permission has been sought in writing from the police. Generally at least 6 days notice should be given, although a minimum of at least 24 hours notice will suffice where this isn't practicable. Under SOCPA, an individual may be charged with organising a demonstration, participating in a demonstration, or demonstrating as an individual without permission.

    4. James Welch, the Legal Director for Liberty representing Milan Rai, successfully challenged the Official Secrets Act charges on behalf of whistleblower Katharine Gun.