Protest Sentencing in the UK: HJA Reacts to Court of Appeal Ruling on Just Stop Oil Cases

In one of the most significant judgements on protest law in recent years , Hodge Jones Allen Solicitors represented 15 of the 16 Appellants in relation to 4 cases where supporters of Just Stop Oil had been sentenced to prison terms ranging from 15 months to 5 years. The 4 cases all involved clients who sought to highlight the existential crisis facing the planet due to the climate emergency.

Sentences was reduced in a number of these cases and the court affirmed clear principle that conscientious motivation was a factor to be taken into account in such cases and that the sentence had to take into account a citizen’s right to protest under the European Convention on Human Rights.
Nevertheless, sentencing in protest cases are too long in the UK and is a result of legislation passed in the last couple of years.

Raj Chada, Head of the Crime Team commented that “welcomed the small reduction in the case of Roger Hallam recognises the extraordinarily excessive sentences that continue to be given out to protesters in England. It is, however, extremely disappointing that many of the other sentences were upheld. No country in Europe gives such draconian sentences for peaceful protests, proving we are out of kilter with the rest of the civilised world.We are reviewing the judgment and considering an appeal to the Supreme Court.”

Laura O’Brien, Head of Protest Team said “While we are pleased that the Court of Appeal continues to recognise the relevance and importance of conscientious motive at sentencing, the sentences in these cases send a chilling message. Sentences for disruptive protest have been inflated and tolerance for peaceful protest by the State continues to diminish.”

Francesca Cociani said “ Today’s judgement is a small win for some peaceful protesters as the Court of Appeal recognised their sentences were manifestly excessive. However these still remain the longest prison sentences ever imposed for peaceful protest in Europe and clearly represent the growing intolerance towards protest. Whilst we welcome the judgement as a step in the right direction, the road to justice for peaceful protest is still a long one ahead of us.”

Katie McFadden said “We are pleased that the Court of Appeal have recognised the importance of the rights to freedom of expression and assembly when sentencing in protest cases. It is disappointing that, while noting the judge erred in his approach to sentencing in the Sunflowers, the Court of Appeal did not reduce the sentences imposed on Mx Holland and Ms Plummer. The UK remains an outlier in sentencing peaceful protesters to significant custodial sentences and such an approach erodes our hard-won protest rights.”

Note
The Court of Appeal cases were prepared by a legal team at HJA including the above lawyers. Danny Friedman KC, Rosalind Comyn and Robbie Stern of Matrix Chambers, Owen Greenhall and Jacob Bindman of Garden Court Chambers and Brenda Campbell KC of Lincoln House Chambers were all instructed.