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Court:
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CoL court 1 |
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Hearing date:
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17 January 2023 |
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Bench (DJ or JPs)
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DJ Davis |
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Charged with:
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Obstructing the highway |
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Represented by:
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Self-representing |
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Please outline key points in prosecution and defence cases.
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Notes from November 2022. At the start of the case, Jenny Winter (Birds solicitors) explained that the defendants who were self-representing – 6 in total – had not received the body warn footage. The court was adjourned so that all defendants could view the footage. It later emerged that the CPS had not sent all the police statements they relied upon to the defendants. There was a further adjournment so that the CPS could copy the statements and give them to the defendants over lunch. When the court returned, Defendant said there was insufficient time to consider the bundle and felt that this meant they would not have a fair trial. The DJ quoted Article 6 of the EU Human Rights Act which states that defendants should have sufficient time to prepare. It was agreed that the CPS would continue their case, then the case would be adjourned to allow the defendants time to read the papers. Jenny Winter requested that the CPS send a CD of the body worn footage to the defendants. The DJ agreed this should be received by them by 4pm 17th December. The trial was adjourned until 17th January at CoL Notes from January 2023 Defendant admitted driving and parking a limo to Marble Arch on 16th April 2022 at Marble Arch during the April Rebellion. The CPS case was outlined in the notes I submitted from the first trial date in November 2022. In his evidence Defendant said he had driven the car and had then locked on with his partner, Emma a climate refugee from India. Argued that this was proportionate action. He had not been informed of a 6pm deadline for the protest. He quoted Zeigler and Articles 10 and 11. The car was blocking one lane of the road at Marble Arch. He was arrested after 8pm and had arrived there (in the limo) around 2.30pm.
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Was defence evidence submitted in writing?
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Yes
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Did defence witness(es) give evidence in person? Were they cross-examined?
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Yes |
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What was the verdict?
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Guilty |
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What was the sentence?
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Conditional discharge 12m |
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What were the court costs?
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CPS requested £240. The DJ reduced this to £100 because of his financial circumstances. This is to be paid by 31st May 2023 |
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Please add anything else relevant.
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Defendant was found guilty because of the time he admitted to being at the protest 2.30 – 8pm. The DJ felt this was a disproportionate amount of time |
Charge
Outcome
Court date