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10 March 2023 / David Walbank KC
Issue: 8016 / Categories: Features , Procedure & practice , Criminal , Public
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Crime brief: 10 March 2023

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David Walbank KC reports on the increasingly thorny issue of criminal damage inflicted through public protest
  • Criminal damage during public protest.
  • Proportionality under the European Convention on Human Rights.
  • Withdrawing the issue from the jury.

The policing of public protest grows increasingly complex. A seemingly endless list of causes about which their adherents demand that the world signals its agreement, combined with the increasing impact of the European Convention on Human Rights (ECHR) in criminal cases—particularly the principle of proportionality—has resulted in a glut of decisions in which the appellate courts have had to grapple with the competing interests of protestors and of the public at large.

Recent cases have related to the blocking of a highway leading to an international arms fair, the occupation of land earmarked for the HS2 high-speed rail link, a rally in Central London against the actions of the state of Israel, Extinction Rebellion’s demands for global action against climate change, an airport protest highlighting the polluting effects of air travel, and a vigil in memory of Sarah Everard, who was

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Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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