Section 14 + Obstruction of the Highway - Guilty: 21/10/20

Court date
Court: Westminster Magistrates Court
Hearing date: 21/10/2020
Bench (DJ or JPs) Lay bench
Charged with: Section 14 and Obstruction of the Highway
Represented by: ITN
Please outline key points prosecution and defence case(s).

Prosecution: On 18/10/19 and 9:30 at Oxford Circus, the defendant sat locked on to another protestor. Article 10 and 11 rights must be balanced with the rights of the rest of the public. PC Bell spoke to the defendant in the South West corner of Oxford Circus and notified the defendant of the s14 in place and of the fact that they were obstructing a highway and chose not to move.

Defence: London wide s14 has been challenged and quashed through JR. Article 10 and 11. Raises points from DPP v Ziegler. Obstruction of the Highway: Was the response by the police an interference with the defendants human rights and potentially unlawful? People should be able to choose where they protest. The defendant was told that they could not protest in London, and so was she denied her rights under Art. 10 and 11. Police did not offer alternative place to protest either

Was defence evidence submitted in writing? Yes
Did defence witness(es) give evidence in person? Were they cross-examined? Yes + yes (see notes above)
What was the verdict? Guilty of wilful obstruction of the highway
What was the sentence? Conditional discharge (9 months)
What costs were awarded?

£150 applied for (and agreed) 

£21 victim surcharged

Please add anything else relevant.