header-logo header-logo

Criminal damage: when the intuitive becomes counter-intuitive

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

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

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll