QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
MRS JUSTICE STEYN
| MARYAM HALCROW
|- and -
|CROWN PROSECUTION SERVICE
Tihomir Mak (instructed by Bindmans Solicitors) for Angel Grace
Conall Bailie (instructed by Bindmans Solicitors) for Lisa Mead
Paul Jarvis (instructed by The Crown Prosecution Service) for the Respondent
Hearing date: 25 February 2021
Crown Copyright ©
Lord Justice Dingemans :
Extension of time for filing the case stated
(1) Was the Court wrong in law when it reached its determination on proportionality (of interference with the appellants' ECHR rights) when there was no evidence adduced by the Crown relating to proportionality, despite the burden of proof resting on the Crown, and no other evidence adduced upon which the Court could properly reach a finding that the restriction was proportionate?
(2) Was the Court wrong in its analysis of regulation 3(h) by failing to interpret 'reasonable excuse' in a manner compatible with the Human Rights Act 1989 (and instead focussing on the prima facie restriction created by regulation 3(h))?
Relevant factual background
The judgment of the Crown Court
Relevant legal provisions
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State."
Relevant legal principles
Issues and competing submissions
The interference with the appellants' rights was necessary in a democratic society
Conclusion and answers to the stated questions
Mrs Justice Steyn: