As preparation for implementing the new Serious Organised Crime and Police Act 2005 began, Haw won an application for judicial review on 28 July 2005, successfully arguing that a technical defect in the act meant it did not apply in his case. The act states that demonstrations must have authorisation from the police "when the demonstration starts", and Haw asserted that his demonstration had begun before the passage of the act, which was not made retrospective. Although the commencement order made to bring the act into force had made reference to demonstrations begun before the act came into force, there was no power for the commencement order to extend the scope of the act.