Section 14 - Guilty: 01/07/21

Charge
Outcome
Court date

Court:

CLM Court 2

Hearing date:

1/7/21 10am

Bench (DJ or JPs)

Lucinda Lubbock supervising Chair, Debbie Sandford

Charged with:

S14 1st September 2020 at Parliament Square. Pleaded not guilty.

Represented by:

Jenny Winter. Birds

Please outline key points in prosecution and defence cases.

 

Cross examined by CPS Lubimbi, AC Rolfe outlined her reasons for signing the Section 14 which restricted protesters to the green on Parliament Square on the 31st August. It the XR Protest would restrict the business of Parliament and cause disruption. This was based on previous XR protests in 2019. She also considered the rights of protesters to protest and Covid regulations. She deemed S14 necessary and proportionate. In questioning, Ms Winter said that the roads around Parliament Square were already closed. PC Mcgovern, the arresting Officer, gave evidence. He had engaged with the defendant and asked her to move on. The defendant said she would not move. She refused to give her full name or address. When arrested at 15.35 she was fully compliant and was taken to Charing X PS. BWV was shown and she was very calm and unaggressive.

The defendant was cross examined in the witness box by Jenny Winter and gave her reasons for protesting. She has 2 children, one of whom has special needs. It will be their world. She has been involved in environmental work for 40 years and we are in a crisis situation. She was protesting on Parliament Square on that day because Caroline Lucas was meant to be reading the CEE Bill and she therefore wanted to be near Parliament to show support. She respects the law and the Police and she acts in peace. 68% of global species have declined in the last 30 years. People are dying. She is compelled to have her voice heard. She was questioned by the CPS. The defendant was aware of Covid regulations and kept in her bubble. If she had moved there would have been no protest and there were too many people on the green to be comfortable with Covid.

Summing up, Ms Winter said that S14 was disproportionate interference. Her protest was peaceful and did not cause significant disruption to the community.

Was defence evidence submitted in writing?

I think so.

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

Yes.

What was the verdict?

Guilty.

 

What was the sentence?

Conditional discharge 9 months.

What costs were awarded?

£200 + £22 Victim surcharge

.

Please add anything else relevant.

 

The Magistrates found that S14 was lawful. The defendant had given an eloquent and heartfelt testimony but her life was not in imminent danger in terms of the threat of climate change. She was in receipt of Legal Aid and her means were taken into account.