''Redmond-Bate v Director of Public Prosecutions'' [1999
EWHC Admin 733
was a case heard before the Queen's Bench Division of the High Court of Justice, High Court regarding freedom of speech and breach of the peace. The decision upheld the freedom to express lawful matters in a way which other people might take great exception to; that the right to free speech, enshrined in Article 10 of the European Convention of Human Rights, includes the right to be offensive; and a police officer has no right to call upon a citizen to desist from lawful conduct. That others might react unlawfully does not itself render the actions of the speaker unlawful.

Facts

On 2 October 1997, the appellant, Alison Redmond-Bate, and two other women, all members of an evangelistic

Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...

organization, were preaching outside Wakefield Cathedral. The police received complaints about them and a policeman warned the three women not to interrupt people walking by. They ignored him, and after twenty minutes, a crowd of more than a hundred people had gathered (most of which showed hostility towards the three women). The policeman once again asked the women to stop preaching, and when they refused to do so, they were arrested. Redmond-Bate was later convicted at Wakefield

Magistrates Court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...

and charged with "obstructing a police officer in the execution of his duty." The appeal to the High Court concerned the following questions of law: #"In the circumstances of this case, was it reasonable for the police officer to arrest the appellant who had not conducted herself in a manner which would be said to constitute an offence under the

Public Order Act 1986 The Public Order Act 1986 (c 64) is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations

when any apprehension by the police officer of violence or threat of violence which could be said to be likely to breach criminal law emanated from others present?" #"Whether it was proper for the Court to conclude that such actual or threatened violence was or would be the natural consequence of the appellant’s actions?"

Judgment

Sedley LJ's opinion was as follows.

References

External links

Full transcript
at BAILII {{DEFAULTSORT:Redmond-Bate V Director Of Public Prosecutions High Court of Justice cases 1999 in United Kingdom case law