Several defendants appealed their sentences after conviction for offences in connection with a political demonstration, and: ‘These cases therefore raise the issue of the propriety of a significant punishment and also of an anti-social behaviour order in respect of their demonstration against an arms fair.’ The appellants were convicted on their guilty pleas of obstructing a train contrary the 1861 Act, which carried a maximum sentence of two years’ imprisonment. One appellant received a community order which was reduced to a conditional discharge and another a suspended sentence reduced to a community order. They caused disruption and inconvenience for a total of about seven hours.
Held: The fact that this was a source of legitimate protest was important in relation to the sort of sentence which ought to have been passed.
If a criminal offence is committed in the course of a protest, a political protest, that is clearly a relevant factor in relation to the propriety of the sentence.
Citations:
[2006] EWCA Crim 2942
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts and Others v Regina CACD 6-Dec-2018
Sentencing of Political Protesters
The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days.
Held: The appeals from immediate custodial sentences were . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 11 July 2022; Ref: scu.247425
