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10 March 2023 / David Walbank KC
Issue: 8016 / Categories: Features , Procedure & practice , Criminal , Public
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Crime brief: 10 March 2023

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David Walbank KC reports on the increasingly thorny issue of criminal damage inflicted through public protest
  • Criminal damage during public protest.
  • Proportionality under the European Convention on Human Rights.
  • Withdrawing the issue from the jury.

The policing of public protest grows increasingly complex. A seemingly endless list of causes about which their adherents demand that the world signals its agreement, combined with the increasing impact of the European Convention on Human Rights (ECHR) in criminal cases—particularly the principle of proportionality—has resulted in a glut of decisions in which the appellate courts have had to grapple with the competing interests of protestors and of the public at large.

Recent cases have related to the blocking of a highway leading to an international arms fair, the occupation of land earmarked for the HS2 high-speed rail link, a rally in Central London against the actions of the state of Israel, Extinction Rebellion’s demands for global action against climate change, an airport protest highlighting the polluting effects of

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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