In criminal proceedings arising out of protest activity: (1) is deliberate physically obstructive conduct by protesters capable of constituting a lawful excuse for the purposes of s.137 of the Highways Act 1980?; and (2) what is the test to be applied by an appellate court to an assessment of the decision of the trial court in respect of a statutory defence of ‘lawful excuse’ when Convention rights are engaged in a criminal matter?
Judges:
Lord Hodge, Deputy President, Lady Arden, Lord Sales, Lord Hamblen, Lord Stephens
Citations:
[2021] UKSC 23, [2021] 3 WLR 179
Links:
Bailii, Bailii Press Summary, Bailii Issues and Facts
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Director of Public Prosecutions v Cuciurean Admn 30-Mar-2022
Whether the decision of the Supreme Court in DPP v. Ziegler [2021] UKSC 23; [2021] 3 WLR 179 requires a criminal court to determine in all cases which arise out of ‘non-violent’ protest whether the conviction is proportionate for the purposes of . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 01 April 2022; Ref: scu.665996