Detention for a few hours following arrest for wilful obstruction of the highway and then a fine was proportionate: ‘An analysis of the Court’s case-law . . reveals that the Contracting States’ discretion in punishing illegal conduct intertwined with expression or association, although wide, is not unlimited. It goes hand in hand with European supervision by the Court, whose task it is to give a final ruling on whether the penalty was compatible with Article 10 or 11. The Court must examine with particular scrutiny the cases where sanctions imposed by the national authorities for non-violent conduct involve a prison sentence.’
Citations:
39013/02, [2003] ECHR 717
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
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.
Human Rights, Criminal Sentencing
Updated: 13 July 2022; Ref: scu.464464