Section 14 - Not guilty: 06/02/23

Charge
Outcome
Court date

Court:

 

Southampton Magistrates

Hearing date:

 

6 February 2023

Bench (DJ or JPs)

 

D J  Greenfield (the original trial judge in James vDPP)

Charged with:

 

Breach of s14   - not moving after locking on to a boat at the entrance to BP Hamble, Hants  on 1st April 2022

Represented by:

 

NP by Simon Natas of ITN Solicitors( London)

LP self representing

Please outline key points in prosecution and defence cases.

 

Validity of s14 order challenged on bais of disruption to the local community was not established and at the time of the offence, the changes by the PCC&SA 22, that specifically added entrance to facilities such as fuel terminals had not been passed in law.

Prosecution argued that disruption caused as 3 petrol stations ( out of 1200) ran out of fuel later in the day or the following day. Police officer evidence from the senior officer on the ground to say he assessed there was disruption at the time, as tankers were turned away from the site.

Evidence from XR live streamer showing space for cars and vans, but not tankers, to access the site. Evidence from another rebel that there was no evidence of disruption to other businesses adjacent to the site entrance, or the activities of the public.

Both defendants gave evidence. LP’s evidence that he did not intend to leave when asked by police and did not dispute warnings. His protest was proportionate exercise of his rights balance against the harm done by BP and use of fossil fuel.

NP’s solicitor took judge through some parliament debate and law commission stuff about s 14 and changes introduced by PCC&SA 22, and argued that since infrastructure was added by the PCC&SA 22 Act it was therefore not covered before the Act became law in June 22.

 

Verdict

Charges dismissed. Costs in favour of defendants.

 

There was little to distiguish the case presented by both defendants hence one report

 

 

 

 

 

 

Please add anything else relevant.

 

The judge in this case was the original magistrate’s court trial judge in James vDPP