Sentencing in Protest Cases - Legal Framework & Practical Considerations
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Sentencing in Protest Cases - Legal Framework & Practical Considerations
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Introduction
This webinar addresses the approach to sentencing in protest cases by considering several significant recent cases.
Most notably the case of R v Trowland [2023], a judgment handed down by the Court of Appeal on 31 July 2023 in relation to a Just Stop Oil protest, the Court upheld a significant sentence of imprisonment.
This session will address the legal framework for sentencing in protest cases and practical considerations that will affect both trial preparation and preparation for sentencing.
What You Will Learn
This webinar will cover the following:
- ECHR: Articles 9, 10 and 11
- Sentence as an interference in Articles 9, 10 and 11
- Changes in relation to protest offences
- Statutory public nuisance
- Criminal damage in light of Colston appeal and statutory charges
- Increased sentencing for highway obstruction
- Caselaw
- Kudrevicius
- Roberts
- Brown
- Trowland
- Questions for the Court
- Was it an exercise of Convention rights?
- Is the sentence to be passed a proportionate interference with those rights?
- Practical considerations
- Impact of legal ruling prior to/at trial
- Impact of evidence at trial
- Focusing on individual clients and their circumstances
This webinar was recorded on 22nd January 2024
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