Court:
|
CoL court 1 |
Hearing date:
|
17 January 2023 |
Bench (DJ or JPs)
|
DJ Davis |
Charged with:
|
Obstructing the highway |
Represented by:
|
Self-representing |
Please outline key points in prosecution and defence cases.
|
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
The DJ had said there was no need to go over the scientific evidence about the climate and the CPS said that evidence was a given.
Defendant was arrested on 16th April at Marble Arch and was locked on. He spoke of the important role of protest in British history. He said that protest can be successful and quoted the decision by 4 out of the 5 largest banks to stop funding fossil fuel companies. He pointed out the similarities to this case and to Zeigler (Para 68, 72, 74 and 114). He said that people were inconvenienced by the road closure they were not prevented from making their journey and Tfl had produced no evidence of complaints that day. He admitted to being present from 2.30 and was arrested at 7.12pm |
Was defence evidence submitted in writing?
|
Yes |
Did defence witness(es) give evidence in person? Were they cross-examined?
|
Yes |
What was the verdict?
|
Guilty |
What was the sentence?
|
Conditional discharge 12m |
What were the court costs?
|
£240 plus £22 victim surcharge |
Please add anything else relevant.
|
The DJ agreed that she was certain that the motivation for the protest was genuine but the time involved in the protest was disproportionate |
Charge
Outcome
Court date