Section 14 - Guilty (2): 25-27/11/19

Court:

COL

Hearing date:

25^th and 27^th November, 2019

Bench (DJ or JPs)

DJ Noble

Charged with:

Contravention of section 14 of public order act April rebellion Oxford Circus

Represented by:

self

Please outline key points in prosecution and defence cases.

• Video evidence and arresting officers statement submitted by prosecution.
• Senior officer in charge of applying section 14 (McMillan attended as witness)

• Defendant cross examined Mr McMillan at length as to the lengths he had gone to to speak to members of the ‘community’ and how he defined community.

Judge Noble seemed to me to be extremely patient in his examination of the defendants testimony and seemed to act as a facilitative cross examiner. He asked questions to clarify what the defendant meant and also asked a number of questions which assisted the defendant in making is points clearer. He seemed interested in fully understanding the defense and motivation of the defendant even when this was not immediately apparent.

• Defendant challenged validity of section 14 order on basis that Mr McMillan had not taken a balanced view of the effect on the community and not given sufficient evidence in his testimony that he had sought opinions from the community

• Defendant challenged whether section 14 was appropriate to be used in the case of a peaceful protest of the kind used by XR

• Defendant also suggested that the arresting officer had not followed appropriate procedure and that he had admitted not being familiar with procedure or having been trained on the procedure. No specifics about the details of what procedure had not ben followed

• Defendant stated his belief that laws should be in place to protect life (human, animal and nature) and that he felt justified to take his actions as he felt it was in accordance with a higher law. He stated that his action were proportional to the threat to life as a result of climate change and that he had a moral right to protest.

• Admitted to breaking the law due to his motivation of caring for life

• . He appealed to the judge to make a legal precedent in finding in favor of the defendants (the judge responded by outlining his duties under law as a judge)

Was defence evidence submitted in writing?

No

Did defence witness(es) give evidence in person? Were they cross-examined?

Officer McMillan the officer in charge of issuing the section 14 did attend in person and was cross examined by the defendant as above

What was the verdict?

Guilty

What was the sentence?

Unconditional discharge 9 month

What costs were awarded?

200 pounds and 20 pounds victims surcharge (3 defendants tried together all awarded same costs and sentence)

Please add anything else relevant.

Judge in issuing his verdict stated: ‘ He wanted to express admiration that all defendants acted in keeping with their conscience. That there was no choice under law as it us at present but to convict and that he can’t express enough how humbled I do feel . Thank you very much lady and gentlemen it has been a real pleasure to have you in my court’