header-logo header-logo

11 November 2022 / Nicholas Dobson
Issue: 8002 / Categories: Features , Criminal , Human rights , Public
printer mail-detail

Criminal damage: when the intuitive becomes counter-intuitive

100251
The Court of Appeal has weighed in on the debate surrounding criminal damage & right to protest: Nicholas Dobson examines the verdict
  • The European Convention on Human Rights does not provide protection to those who cause criminal damage during protests which are violent or not peaceful, nor when the damage is inflicted violently or not peacefully.
  • Prosecution and conviction for causing significant damage to property, even if inflicted in a way which is ‘peaceful’, could not be disproportionate in Convention terms.

When I were a lad, boiling water burned you, ice was freezing cold, and criminal damage was clearly a crime. This was simply intuitive: in other words, readily, naturally and universally perceived. For as the influential 16th century theologian Richard Hooker wrote: ‘The mind of man desireth evermore to know the truth according to the most infallible certainty which the nature of things can yield. The greatest assurance generally with all men is that which we have by plain aspect and intuitive beholding.’ But,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll