Dave McConnell vs Crown Prosecution Service

Appealing a conviction for a public order offence; misgendering

Dave McConnell, 42, from Wakefield, was the first street preacher to be prosecuted and reported to counter-terrorism for alleged ‘misgendering’, is appealing his conviction this week at Leeds Crown Court.

Mr. McConnell was reported by the Probation Service to the government’s counter-terrorism watchdog, Prevent, after he was arrested under section 4A Public Order Act 1986 and convicted for ‘offending’ a member of the public in Leeds City Centre on 8 June 2021.He was convicted, made to pay costs of £620, forced to do 80 hours of community service and reported to Prevent.

Status

The appeal hearing was heard at Leeds Crown Court on 9th March 2023.

The conviction was overturned on appeal. The Crown Prosecution Service (CPS) has granted leave to appeal.

Overview of case from Christian Concern

Live tweet threads

9 March 2023 morning - Prosecution (B1) examines witnesses Farrah Menir, Jordan Dennies & PC Brown

9 March 2023 afternoon - PC Brown continues to give evidence and Defence examines evidence of appellant, David McConnell. Judge gives his ruling.

Abbreviations

A or DM - Appellant, Dave McConnell

Crown - Crown (this is a criminal case)

J - Judge

B1 - Barrister for Apellant (will use initials when names known.

B2 - Barrister for Crown

PS - Probation Service

CPS - Crown Prosecution Service

PBA - Public Order Act

ECHR - European Convention Human Rights

TW - Transwoman

DQ - Drag Queen

P- Prevent

Witnesses

FM - Farrah Menir, complainant

JD - Jordan Brown, complainant's friend

PCB - PC Brown, arresting officer of David McConnell

Press coverage

Here are links to a selection of relevant press coverage about the R v David McConnell case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.

10 March 2023

The Times - Preacher who misgendered trans woman did not break law

9th March 2023

Christian Concern - Win for street preacher as ‘misgendering’ conviction overturned

Yorkshire evening news - Leeds street preacher who referred to transgender woman as a man during Briggate sermon has conviction quashed

Leeds Live - Leeds preacher who misgendered trans woman has conviction overturned citing 'free speech'

BBC - Leeds preacher's sentence for trans woman's harassment quashed

Independent - Christian street preacher found guilty of harassing transgender woman has conviction quashed

Fox News - First UK street preacher reported as terrorist for 'misgendering' wins appeal: 'Orwellian and really alarming'

Talk TV - Preacher guilty of harassing transwoman by calling them a 'man' has conviction overturned

7 March 2023

Christian Concern - Street preacher appeals conviction for ‘misgendering’

Daily Mail - Christian street preacher reported to counterterrorism squad