A church is challenging a community protection notice issued over claims of "intimidating behaviour" during street preaching in an Essex city.
Bread of Life Community Church in Colchester received the CPN from Safer Colchester Partnership, which operates under Colchester City Council, back in March.
The notice was issued to stop what authorities describe as "intimidating behaviour" towards members of the public, while also prohibiting the use of loudspeakers.
Violation of the order constitutes a criminal offence, with the council and townsfolk alike calling for church members to "just make it stop."
Church members allegedly informed passers by they were destined for hell, according to statements heard at Colchester Magistrates' Court today during a preliminary hearing for the appeal.
Michael Phillips, representing the appellant church, argued the CPN "imposed a number of requirements" which represented the "first attempt by a local authority to control the speech" of a group.
"This was preaching which took place in public as it has done for millennia," he told the court.
"You may not like what's been said, but there's free speech in this country."
Bread of Life Community Church in Colchester, Essex was issued a Community Protection Notice
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Mr Phillips suggested the council had acted without proper consultation, stating: "It seems, unfortunately, that the council took a view on this matter without engaging with the local interested parties."
Laura Austin, appearing for Colchester City Council, rejected claims authorities were attempting to silence religious expression.
"This wasn't an attempt by a state body to censor a local religious group," she told the court.
"There's no bar on this group or any group preaching in a manner which expresses lawful religious grievance."
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Ms Austin detailed an incident involving a "vulnerable man", accompanied by his carer, who found members' use of amplified speaker equipment used in street preaching "too loud".
She stated the man "put his hands over his ears and was told as he had put his hands over his ears he was going to hell".
The council also cited allegations of "homophobic comments and chants to members of the public".
Ms Austin noted previous efforts to engage with the church had proved unsuccessful, resulting in the commencement of legal proceedings.
Nigel Farage supports the church in the ongoing row with the council
|Pastor Stephen Clayden, who oversees all outreach activity, strongly denies that he or any member of the church has acted unlawfully.
He said the church intends to challenge the notice in court and "resist any attempt by the authorities to silence the gospel".
He added: "We have preached the Bible lawfully and peacefully in Colchester for six years. We have harmed no one. We will not be intimidated into abandoning the Great Commission.
“We respect the law. But we cannot and will not stop preaching the gospel of Jesus Christ. No council has the authority to silence the Church.”
Pastor Stephen Clayden strongly denies he or any member of the church has acted unlawfully
|Reform UK leader Nigel Farage supports the church in the ongoing row with the council, endorsing a petition calling for the council to withdraw the notice, which has gained more than 11,000 signatures.
The appeal will be heard across two days later this year, with proceedings commencing on October 22 at Southend Magistrates' Court, before concluding on October 29 at Chelmsford Magistrates' Court.
Prior to the full hearing, a case management hearing has been scheduled for August 21 at Colchester Magistrates' Court.
The case centres on whether the Community Protection Notice represents a legitimate response to public order concerns, or an overreach by local authorities into matters of religious expression and free speech.
Both parties will present their arguments in full when the appeal is heard later this year.
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