Section 14 - Guilty: 19/07/21

Charge
Outcome
Court date

Court:

 

City of London Magistrates

Hearing date:

 

19.07.2021

Bench (DJ or JPs)

 

DJ Turner

Charged with:

 

Section 14 breach on 1st September 2020 at Great George Street – sat in the road outside designated protest area.

Represented by:

 

Self-representing

Please outline key points in prosecution and defence cases.

 

Prosecution

 

Section 14 Order imposed on 31st Aug by AC Louisa Rolfe on location and duration of the protest in the Parliament Square area on 1st Sept. She gave evidence via videolink.

 

She said she had given consideration to Articles 10 and 11 of HRA; enabling the legislature in the Houses of Parliament to continue its work; Covid legislation; rights of public to travel and commute in the area. Balancing right to protest with rights of community.

 

CPS argued the necessity for pre-imposition of Section 14 in light of April and October Rebellions 2019 and high-level criminal actions of Heathrow Pause and Burning Pink, rather than wait to see how the protest unfolded.

 

Bodyworn footage of the arrest.

PC Foster (arresting officer) in person.

 

Defence

 

Not enough room in the designated protest area (Parliament Square Gardens) for all the protestors to be socially distanced, and effective neutering of the protest (practically zero media interest if not disruptive) by limiting its location and no consideration given to a safe overspill area.

Interference with convention rights (10 and 11) because XR has no organisers, it is just people exercising their right to assemble and express their views.

Peaceful civil disobedience justified because of extensive public alarm about the climate and ecological emergency.

Arrest a disproportionate interference with convention rights.

Necessity to pressure parliament to pass the CEE Bill.

Ziegler – disruption should be tolerated. The protest was peaceful, no disorder, carefully targeted at Parliament.

Crown hadn’t proved that pre-imposition of the S14 was proportionate, nor made sufficient plans for the numbers likely to attend.

 

 

Was defence evidence submitted in writing?

 

 

 

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

 

No defence witnesses

What was the verdict?

 

Guilty

What was the sentence?

 

Conditional discharge 9 months

What costs were awarded?

 

£350 plus £22 victim surcharge