Raj Chada’s Insights on BBC Investigation into Civil Injunctions Against Protests
We are pleased to highlight an insightful interview featuring Raj Chada, the head of the Crime, Financial Crime & Regulatory at Hodge Jones & Allen, on the BBC’s recent investigation into the use of civil injunctions to curb protests across the UK. This investigation, led by the BBC’s Josephine Casserly and available on BBC Sounds, reveals the growing trend of corporations and public authorities using civil injunctions to prevent protests at over 1,200 locations.
The Rise of Civil Injunctions
The BBC analysis shows that more than 400 demonstrators are named in court orders restricting protests, particularly at oil terminals, petrol stations, and racetracks across England and Wales. These injunctions, which often apply to “persons unknown,” mean that anyone could potentially be prosecuted for breaching them. This privatised public order system is viewed by many, including Raj Chada, as a tool only available to the rich and powerful, which raises significant concerns about fairness and justice.
Raj Chada’s Perspective
Raj Chada provided critical insights into this phenomenon, noting that HJA had no injunction cases until 2021 but is now representing close to 80 individuals. He emphasized the unprecedented scope and number of protest injunctions, which have seen a thirteen-fold increase in enquiries between 2018 and 2022.
“There was the odd case previously, but the scope and number of [protest] injunctions is now unprecedented,” Raj commented. “The volume has exponentially increased over the last few years, starting with Extinction Rebellion and continuing from there.”
Raj also highlighted the changing landscape of protest law, with new legislation specifically targeting protests and introducing new offences such as “locking on” and “interfering with national infrastructure,” both of which can attract prison sentences.
The Legal and Financial Barriers
The interview also shed light on the challenges faced by ordinary citizens in contesting these injunctions. The costs associated with challenging an injunction can be prohibitively high, often running into hundreds of thousands of pounds, effectively preventing many from seeking justice.
“It is practically not possible for these injunctions to be challenged by ordinary citizens,” Raj explained. “You’re talking huge sums of money. If you don’t have that money, the injunction then remains against you, and if you breach it by protesting, like walking down the street, you can go to prison. It is a privatised system of justice.”
Impact on Protestors
The interview highlighted several cases where protestors, including medics concerned about the impact of climate change on public health, have faced severe consequences for their actions. These individuals, who have no previous criminal records, risk losing their professional licenses and livelihoods.
Conclusion
Raj Chada’s interview on the BBC underscores the significant and growing use of civil injunctions to limit protests, raising important questions about justice, fairness, and the future of civil liberties in the UK. At Hodge Jones & Allen, we remain committed to advocating for the rights of protestors and ensuring that justice is accessible to all.
For more details, listen to the full investigation, “On Trial: Protestors versus the Law,” available on BBC Sounds.
Raj Chada is one of the country’s leading criminal lawyers with expertise in serious and complex crime, public order, financial crime and protest law. Independent legal directory Legal 500 UK has described him as a “standout expert for protest law in the country” who “doesn’t shy away from tricky arguments or issues, and gives every case his all. Simply the best in the field. Nobody can touch him for expertise and experience. The best of the best.” Read more about Raj here.
