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:
|
Adeela Khan EFBW |
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 by PC Joshi.
Defence
Pre-imposition of S14 unnecessary because protest was going to be smaller than those in 2019 (covid, dwindling support) and existing legislation such as Obstruction of the Highway or Criminal Damage would have sufficed. AC Rolfe should have considered a back-up area for the protest and waited to see how the protest unfolded.
Defendant has no previous convictions.
Necessity: fears in relation to her autistic child who had accompanied her. Child has mental health issues and has been suicidal. Defendant believed her child would have been at serious risk of harming themself if she had abandoned her act of civil disobedience on the day. |
Was defence evidence submitted in writing?
|
Written statement by Defendant’s child about their despair over the climate emergency was read out.
|
Did defence witness(es) give evidence in person? Were they cross-examined?
|
No witnesses. |
What was the verdict?
|
Guilty |
What was the sentence?
|
9 months conditional discharge |
What costs were awarded?
|
£350 plus £22 victim surcharge |
Charge
Outcome
Court date