Jurisdiction(s):
United Kingdom

Permission refused for contempt claim over ‘jury equity’ placard outside Crown Court: EWHC finds no hindrance, no embracery, and Article 10 weighs against proceedings (HM Solicitor General v Warner)

Published on: 28 May 2024

Published by a LexisNexis Public Law expert

Legal News

Article summary

HM Solicitor General v Trudi Ann Warner [2024] EWHC 918 (KB) What are the practical implications of this case?

There are numerous global issues driving sizeable demonstrations. Climate change is one such concern, prompting controversial protests across the world. These movements are likely to continue and may, in some instances, lead to criminal convictions.

However, when protest activity is directed at, or situated around, criminal proceedings, it cannot simply be assumed to amount to contempt of court. The position depends entirely on the evidence of what, in fact, the protestors were doing during the protest.

In this matter, Mr Justice Saini determined that the claim rested on a mischaracterisation of Ms Warner’s conduct that morning and failed to recognise that her placard conveyed essentially the same message commonly read by jurors on the Old Bailey plaque—something acknowledged by our highest courts as part of the constitutional landscape (para [42]).

Background: There was no dispute about the primary facts, as the protest had been captured...

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