[4] Two police officers arrived and arrested Hammond, and charged him under section 5 of the Public Order Act 1986.
[5] 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."
[5] In January 2004, a posthumous appeal (Hammond v Director of Public Prosecutions) on the basis of the Human Rights Act failed.
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.
[7] Human rights activist Peter Tatchell, best known for his work with LGBT social movements, offered to testify on Hammond's behalf at the appeal, calling the case "an outrageous assault on civil liberties.