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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
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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