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,

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

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

Morrison Foerster—Jenny Galloway & Luke Rowland

Morrison Foerster—Jenny Galloway & Luke Rowland

Firm grows London practice with two partner promotions

Hogan Lovells—David Hansom

Hogan Lovells—David Hansom

Government contracts and procurement practice expands with London partner hire

NEWS
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
CILEX has called for a review of conveyancing fees and stronger regulation of the high-volume residential property sector, in its response to government proposals for homebuying reforms
Pension provision should be considered during all divorce proceedings in order to repair gender inequality, the Pension Policy Institute (PPI) charity and workplace pensions provider now:pensions have said
‘Over-regulating’ the cryptoassets sector could stifle growth when the government brings regulations into force in 2027, a digital assets lawyer has warned
Solicitors received a new year’s boost this month with the announcement of an uplift to the guideline hourly rates
back-to-top-scroll