Harry Hammond

Harry Hammond ("ca." 1932 - 2002) was a British street evangelist who became the subject of a UK-wide public debate after his preaching led to his arrest for a public order offence.

Arrest and prosecution

In a street demonstration in The Square, in Bournemouth in October 2001, he held up a large double-sided sign made bearing the words ‘Stop Immorality’, ‘Stop Homosexuality’ and ‘Stop Lesbianism’ on each side and attached to a pole. This protest provoked anger in some passers-by, who tried to remove the signs; some threw water and soil at Mr Hammond. When the police arrived, Mr Hammond was arrested and charged under section 5 of the Public Order Act (1986).

The relevant provisions of the Act state: "(1) A person is guilty of an offence if he ... (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby …(3) It is a defence for the accused to prove ... (c) that his conduct was reasonable."

In April 2002, a Magistrates court heard that Mr Hammond had travelled by bus to preach with the sign. During the bus journey the defendant covered the sign with a black plastic bin-liner as he believed the sign might cause a fracas if displayed inside the bus, because of reaction he had previously received because of it. The defendant began preaching holding the sign upright so that it was clearly visible to passers by. A group of 30 to 40 people gathered around, arguing and shouting, some people in the crowd were angry and others distressed. Police officers attended the scene. One of them spoke to the defendant and asked him to take the sign down and leave the area. The defendant refused saying that he was aware that his sign was insulting because he had had a similar reaction before on another occasion, but that he intended to return the following Saturday to preach with the sign again.

Mr Hammond was convicted, fined £300, and ordered to pay costs of £395. The court ordered the destruction of the placards. Harry Hammond suffered from Asperger's Syndrome, which is in the spectrum of autism. Shortly after his trial, he died.

Posthumous appeal

In January 2004, a posthumous appeal (Hammond v Director of Public Prosecutions) on the basis of the Human Rights Act failed. A two-judge panel, Lord Justice May sitting with Mr Justice Harrison, at the High Court in London, was told the sign caused a furore as a group of 30 to 40 people gathered round. Hugh Tomlinson, QC, appearing for Mr Hammond’s executors, said: “He (Mr Hammond) was subjected to a number of assaults. Soil was thrown at him and water poured over his head. Someone tried to seize the sign and he was knocked to the ground."

The justices were of the opinion that the words on the sign were insulting and caused distress to persons who were present and that the defendant was aware of that fact. The judges ruled that that Hammond's behavior "went beyond legitimate protest" and that Hammond's right to freedom of expression under section 10 of the European Convention on Human Rights was constrained by a legitimate concern to prevent disorder and that there was a pressing social need for the restriction.

A further appeal to the European Court of Human Rights was dismissed.

Hammond's Supporters

* Some legal commentators have suggested that this case has similarities with the "Texas flagburning statute" found unconstitutional by the U.S. Supreme Court, to the extent that the speech act in question is not itself illegal, but it is illegal if enough people object strongly enough.

ources

* [http://www.wnd.com/news/article.asp?ARTICLE_ID=36602 WND]
* [http://timworstall.typepad.com/timworstall/2004/10/the_magnificent.html Tim Worstall]
* [http://www.bailii.org/ew/cases/EWHC/Admin/2004/69.html Hammond v DPP] , [2004] EWHC 69 (Admin)

External links

* Peter Hitchens [http://www.findarticles.com/p/articles/mi_qa3724/is_200205/ai_n9117665 "Keep quiet or face arrest", "The Spectator", May 12, 2002]