This from the parliament-square.org.uk email list:

BRIAN HAW IN COURT ON SOCPA CHARGES THAT COULD DETERMINE THE FUTURE OF HIS PARLIAMENT SQUARE PEACE PROTEST

Tuesday 12 September, 10am, Marylebone Magistrates Court

Brian Haw, the peace protestor who has been keeping vigil opposite the Houses of Parliament for over 5 years, is due to appear in court tomorrow in what could be an important case in determining if he is able to continue his protest.

Mr Haw faces charges of failing to comply with conditions that the police placed upon his protest in May this year under the Serious Organised Crime and Police Act 2005 (SOCPA). After the Court of Appeal judgement on 8 May [A] which ruled that Mr Haw was not exempt from the SOCPA regulations, the police granted him permission to continue his demonstration subject to a comprehensive list of conditions [B].

These conditions relate to all aspects of Mr Haw’s protest including the size of the display and the number of people present at it. Mr Haw has said that many of the conditions are totally unreasonable, if not impossible to comply with.

This case is believed to be the first prosecution relating to failure to comply with SOCPA conditions. Other prosecutions under SOCPA have been for organising or participating in unauthorised demonstrations and there have been a number of convictions as a result. [C]

Since Mr Haw received the summons, the police have acted to force him to comply with the conditions by removing the majority of his display in Parliament Square during the night of 23 May. He has been left with an area of 3 metres within which any placards and personal possessions and any possessions belonging to those of his supporters must remain. [D]

Last week Mr Haw appeared in court seeking a postponement of the trial on two grounds but were unsuccessful. Mr Haw’s legal team were seeking a judicial review of whether the conditions imposed by police were lawful within the terms of the act, and whether the police were within their power to remove and confiscate Mr Haw’s display before the judicial process was exhausted. There is also a procedural matter that amongst the items confiscated were legal documents, evidence for the defence, private letters, etc. The fact that these items are now in the hands of the prosecution casts doubt on the lawfulness of any trial and prevents Mr Haw from preparing a defence.

INFORMATION

There will be a gathering in support of Brian Haw from 9.30 on 12 SeptemBer ouside Marylebone Magistrates Court, 181 Marylebone Road, London NW1 5QJ - Marylebone Tube Station (also near Baker Street and Edgware Road).

CONTACTS

Emma Sangster, supporter of Brian Haw, at
www.parliament-square.org.uk

NOTES:

A. For more on the Court of Appeal decision see:
http://www.guardian.co.uk/antiwar/story/0,,1770525,00.html

B. Whilst the SOCPA law states that organisers of protests who apply for permission must be granted it, it allows for a wholesale curbing of any demonstration by the application of police conditions covering the time and duration of a protest, where it may be carried out, the number of people attending and the noise that can be made and the number and size of placards and banners. It also allows for any senior police officer to change the conditions at any point with no notice. For more information on the Serious Organised Crime and Police Act 2005 see:
www.parliamentprotest.org.uk or
www.parliament-square.org.uk/defendanalysis.htm

C. For more on SOCPA prosecutions see:
www.parliamentprotest.org.uk or
www.parliament-square.org.uk/defendaction.htm

D. For more on the dismantling of Brian Haw’s display by the police see:
http://politics.guardian.co.uk/iraq/story/0,,1781182,00.html

UPDATED: Another email arrives:

PLEASE NOTE CHANGE OF VENUE FOR BRIAN’S COURT DATE TOMORROW

12 September 2006, 10am, City of Westminster Magistrates’ Court, 70 Horseferry Road: Brian will be appearing on charges of failing to comply with the conditions the police have placed on his protest.

There will be a gathering in support of Brian from 9.30 outside City of Westminster Magistrates’ Court, 70 Horseferry Road, London SW1P

UPDATE UPDATE: Case adjourned.