But that held no truck in the court of appeal, where a narrow point of law was analysed in a day-long hearing by bewigged judges, in the absence of any context on the pressing nature of global heating. The lady chief justice of England and Wales, Sue Carr, said motivations, beliefs, political or philosophical views were too “remote from the damage” to provide a lawful excuse defence.Ĭlimate protesters might point out that the scientific consensus globally on the climate crisis, and the urgency of the need to act, are neither beliefs nor philosophical views, but hard facts. The woman at the centre of the appeal, C, who has spoken to the Guardian, was found not guilty by a jury last year after arguing that the objects of the direct action would have consented if they had known more about the climate emergency.īut the court of appeal judges have now ruled that this will not be available to anyone in future. Juries, having heard the evidence, acquitted nine people who targeted the London HQ of HSBC bank, several individuals who daubed paint on the headquarters of the Conservatives, Labour, Liberal Democrats and Greens, and individuals protesting for Palestine Action.īut after the string of not guilty verdicts, Victoria Prentis, the attorney general, stepped in, saying she wanted “clarity on the law as guidance for future cases” involving climate and environmental protesters, as she lodged an appeal on a point of law to the court of appeal.Īnd on Monday three appeal court judges found in her favour, ruling that the defence, which is contained in the Criminal Damage Act 1971, is inadmissible for those who argue that the facts or effects of the climate crisis are a circumstance that can amount to lawful excuse. In the last year climate protesters successfully used this defence in crown court jury trials. Known as the “consent” defence, it allowed defendants on trial for criminal damage to argue that they honestly believed the owner of the property targeted would have consented if they had known of the damage and its circumstances.
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