Why climate protestors lost the right to cause criminal damage

Yesterday, the Lady Chief Justice, Lady Carr, delivered a judgment on protest law which may close a remarkable loophole which had been exploited by climate change protestors who engage in direct action to promote their cause.

Protestors who have damaged property with paint or smashed windows have been cleared in recent years after telling juries they ‘honestly believed’ that property owners would have consented to the damage if they had known about the impact of climate change.

Now, the Court of Appeal judgment should ensure that this defence is removed from many of those seeking to rely on their philosophical and political beliefs when engaging in destructive direct action.

The judgment resulted from an intervention by the Attorney General, Victoria Prentis. She referred points of law to the court under powers granted to her under the Criminal Justice Act 1972. Importantly, this does not affect previous not guilty verdicts, but enables the court to clarify the law in this area.