Harry Hammond
Encyclopedia
Harry Hammond 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.
on 13 October 2001, Hammond held up a large double-sided sign bearing the words "Jesus Gives Peace, Jesus is Alive, Stop Immorality, Stop Homosexuality, Stop Lesbianism, Jesus is Lord". Some passers-by became angry, and tried to remove the sign; some threw water and soil at Hammond. Two police officers arrived and arrested Hammond, and charged him under section 5 of the Public Order Act 1986
. No one in the crowd was charged.
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 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 young people gathered, arguing and shouting, some people in the crowd were angry and others distressed. Police officers attended the scene; there was a disagreement as to whether they should protect Hammond or arrest him. 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.
Hammond was convicted, fined £300, and ordered to pay costs of £395. The court ordered the destruction of the placards. Shortly after his trial, Hammond died.
There is a claim that a local gay activist saw Hammond's sign and summoned friends on his mobile phone, who then assaulted him, and that the Crown prosecutors arranged for a material witness to be flown from Australia to give evidence at the Court hearing.
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 Hammond’s executors, said: “He (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 behaviour "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.
and Peter Hitchens
. Peter Tatchell
, though better known for his campaigns in support of gay rights than for his work on general human rights and free speech, offered to testify on Hammond's behalf at the appeal, calling the case "an outrageous assault on civil liberties."
Evangelism
Evangelism refers to the practice of relaying information about a particular set of beliefs to others who do not hold those beliefs. The term is often used in reference to Christianity....
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 BournemouthBournemouth
Bournemouth is a large coastal resort town in the ceremonial county of Dorset, England. According to the 2001 Census the town has a population of 163,444, making it the largest settlement in Dorset. It is also the largest settlement between Southampton and Plymouth...
on 13 October 2001, Hammond held up a large double-sided sign bearing the words "Jesus Gives Peace, Jesus is Alive, Stop Immorality, Stop Homosexuality, Stop Lesbianism, Jesus is Lord". Some passers-by became angry, and tried to remove the sign; some threw water and soil at Hammond. Two police officers arrived and arrested Hammond, and charged him under section 5 of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 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...
. No one in the crowd was charged.
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 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 young people gathered, arguing and shouting, some people in the crowd were angry and others distressed. Police officers attended the scene; there was a disagreement as to whether they should protect Hammond or arrest him. 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.
Hammond was convicted, fined £300, and ordered to pay costs of £395. The court ordered the destruction of the placards. Shortly after his trial, Hammond died.
There is a claim that a local gay activist saw Hammond's sign and summoned friends on his mobile phone, who then assaulted him, and that the Crown prosecutors arranged for a material witness to be flown from Australia to give evidence at the Court hearing.
Posthumous appeal
In January 2004, a posthumous appeal (Hammond v Director of Public Prosecutions) on the basis of the Human Rights ActHuman Rights Act
A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...
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
Hugh Tomlinson
Hugh Tomlinson QC, is an English barrister at Matrix Chambers. He is a specialist in media and information law including defamation, confidence, privacy and data protection.-Education and career:...
, QC, appearing for Hammond’s executors, said: “He (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 behaviour "went beyond legitimate protest" and that Hammond's right to freedom of expression under section 10 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
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.
Social commentaries
The case has become a cause celebre in the United Kingdom and has been discussed in commentaries by conservative columnists Melanie PhillipsMelanie Phillips
Melanie Phillips is a British journalist and author. She began her career on the left of the political spectrum, writing for such publications as The Guardian and New Statesman. In the 1990s she moved to the right, and she now writes for the Daily Mail newspaper, covering political and social...
and Peter Hitchens
Peter Hitchens
Peter Jonathan Hitchens is an award-winning British columnist and author, noted for his traditionalist conservative stance. He has published five books, including The Abolition of Britain, A Brief History of Crime, The Broken Compass and most recently The Rage Against God. Hitchens writes for...
. Peter Tatchell
Peter Tatchell
Peter Gary Tatchell is an Australian-born British political campaigner best known for his work with LGBT social movements...
, though better known for his campaigns in support of gay rights than for his work on general human rights and free speech, offered to testify on Hammond's behalf at the appeal, calling the case "an outrageous assault on civil liberties."
External links
- Hammond v DPP, [2004] EWHC 69 (Admin)