Obstruction of the Highway - Guilty: 20/05/21

Outcome
Court date

Court:

 

CoL 2

Hearing date:

 

20/5/2021

Bench (DJ or JPs)

 

Bench

Charged with:

 

Obstruction of the Highway

Represented by:

 

Adeela Khan, EFBW

Please outline key points in prosecution and defence cases.

 

3/9/20 Horseferry Rd Dept of Transport. Laying in the road. PC Baxter said tried to engage with her and explain she was committing a criminal offence and enc. to cease – several times. No engagement. Warned of arrest. Arrested O of H 137. Cautioned. No reply . Removed by officers. BWV viewed. Defendant: no previous convictions or cautions. Member Hereford XR. Protest outside D o T to highlight damage to environment of roads and air pollution, leading to death. Sat and lay down in the road <10 mins then approached by police. CPS: she could have protested on the pavement or in Parl. Sq. 2 character references read in court. CPS highway clearly obstructed, right to protest is limited. Adeela Khan: CPS failed to prove obstruction unreasonable. Quoted ECHR 10 + 11. Any demo likely to cause disruption. The protest wouldn’t have been effective on the pavement or in Parl Sq. It was peaceful and of limited duration.

Was defence evidence submitted in writing?

 

 

Yes

 

 

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

 

Yes and yes

What was the verdict?

 

Guilty

What was the sentence?

 

9m conditional discharge

What costs were awarded?

 

£775 plus £21 victim surcharge. 14 days to pay

Please add anything else relevant.