Law and Rights
The protests at Ratcliffe on Soar power station were covered by Law and Lawyers in January. The Crown Prosecution Service (CPS) has now issued a very important statement. The legal representatives of 20 protesters convicted of conspiracy to commit aggravated trespass have been invited to appeal the convictions. As a statement by Mike Schwarz (legal representative of those convicted) notes, there are many, as yet, unanswered questions in relation to this disturbing case.
The Jack of Kent blog considers the appeal by way of case stated in the Paul Chambers case. Mr Chambers was convicted - under the Communications Act 2003 s.127 - for "tweeting" in relation to Doncaster (Robin Hood) Airport being closed by snow in the early part of 2010. His "tweet" said - "Crap! Robin Hood Airport is closed. You've got a week and a bit to get
your s*** together, otherwise I'm blowing the airport sky high!"
This form of appeal, from Crown Court to the High Court, is rather unusual. It arises because Mr Chambers was convicted in Doncaster Magistrates' Court (by a District Judge sitting alone) and there was an appeal to the Crown Court (heard by a judge sitting with two magistrates). The Crown Court upheld the conviction. It is the Crown Court which has been asked to "state a case" for consideration by the High Court and the appeal is intended to deal with the legal interpretation of the 2003 Act. To that end, the Crown Court has set out a number of questions for the High Court to answer. This and other matters are discussed in CharonQC's excellent "Without prejudice" podcast. The House of Lords in DPP v Collins [2006] UKHL 40 considered a similar matter. For an earlier post on this case - see here.
- The Twitter Joke Judgment Considered
Lord Judge LCJUpdate 30th July: At 12.20 pm (30th July) the following was posted on the Crown Prosecution Service News Brief - "Clarification on decision making in Paul Chambers case The DPP was not the reviewing lawyer in the case of Paul Chambers,...
- The Twitter Joke Appeal ~ Paul Chambers Wins The Appeal
Mr Paul ChambersUpdated with links 28th July A Divisional Court of the Queen's Bench Division has allowed the appeal by Mr Paul Chambers against his conviction of the offence under the Communications Act See the full judgment - [2012]...
- A Year On .... Yorkshire Ripper To Serve "whole Life" ... More On The Climate Change Case
Law and Lawyers blog is one year old - hence the little birthday card. It has been an interesting year and 2011 promises to be even more challenging as various policies and legal changes begin to take effect. The very first post on...
- Climate Change Protesters - No. 2 - Further Trial Collapsed And Undercover Police Officer
The post immediately below looked at the Ratcliffe-on-Soar protesters case which completed at the Crown Court in Nottingham last week. A further trial was set to commence of six others alleged to have been involved but it now appears that "it is no longer...
- Climate Protesters Sentenced
Climate Change protesters were sentenced in the Crown Court at Nottingham for conspiracy to commit aggravated trespass - This is Nottingham 5th January 2011. Aggravated trespass is defined in the Criminal Justice and Public Order Act...
Law and Rights
(1) Ratcliffe on Soar ... (2) The Robin Hood Airport case
The protests at Ratcliffe on Soar power station were covered by Law and Lawyers in January. The Crown Prosecution Service (CPS) has now issued a very important statement. The legal representatives of 20 protesters convicted of conspiracy to commit aggravated trespass have been invited to appeal the convictions. As a statement by Mike Schwarz (legal representative of those convicted) notes, there are many, as yet, unanswered questions in relation to this disturbing case.
The Jack of Kent blog considers the appeal by way of case stated in the Paul Chambers case. Mr Chambers was convicted - under the Communications Act 2003 s.127 - for "tweeting" in relation to Doncaster (Robin Hood) Airport being closed by snow in the early part of 2010. His "tweet" said - "Crap! Robin Hood Airport is closed. You've got a week and a bit to get
your s*** together, otherwise I'm blowing the airport sky high!"
This form of appeal, from Crown Court to the High Court, is rather unusual. It arises because Mr Chambers was convicted in Doncaster Magistrates' Court (by a District Judge sitting alone) and there was an appeal to the Crown Court (heard by a judge sitting with two magistrates). The Crown Court upheld the conviction. It is the Crown Court which has been asked to "state a case" for consideration by the High Court and the appeal is intended to deal with the legal interpretation of the 2003 Act. To that end, the Crown Court has set out a number of questions for the High Court to answer. This and other matters are discussed in CharonQC's excellent "Without prejudice" podcast. The House of Lords in DPP v Collins [2006] UKHL 40 considered a similar matter. For an earlier post on this case - see here.
- The Twitter Joke Judgment Considered
Lord Judge LCJUpdate 30th July: At 12.20 pm (30th July) the following was posted on the Crown Prosecution Service News Brief - "Clarification on decision making in Paul Chambers case The DPP was not the reviewing lawyer in the case of Paul Chambers,...
- The Twitter Joke Appeal ~ Paul Chambers Wins The Appeal
Mr Paul ChambersUpdated with links 28th July A Divisional Court of the Queen's Bench Division has allowed the appeal by Mr Paul Chambers against his conviction of the offence under the Communications Act See the full judgment - [2012]...
- A Year On .... Yorkshire Ripper To Serve "whole Life" ... More On The Climate Change Case
Law and Lawyers blog is one year old - hence the little birthday card. It has been an interesting year and 2011 promises to be even more challenging as various policies and legal changes begin to take effect. The very first post on...
- Climate Change Protesters - No. 2 - Further Trial Collapsed And Undercover Police Officer
The post immediately below looked at the Ratcliffe-on-Soar protesters case which completed at the Crown Court in Nottingham last week. A further trial was set to commence of six others alleged to have been involved but it now appears that "it is no longer...
- Climate Protesters Sentenced
Climate Change protesters were sentenced in the Crown Court at Nottingham for conspiracy to commit aggravated trespass - This is Nottingham 5th January 2011. Aggravated trespass is defined in the Criminal Justice and Public Order Act...