Just Stop Oil M25 blockade case

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R v Hallam
Roger Hallam, 2020 (cropped).jpg
Roger Hallam in 2020
Court Southwark Crown Court
Full case name Rex v Hallam and others
Decided18 July 2024
Court membership
Judge sittingChristopher Hehir

R v Hallam was a 2024 British court case involving five activists from the climate protest group Just Stop Oil. The activists were convicted of conspiracy to cause public nuisance after they organised protests to block the M25 motorway in November 2022. Roger Hallam, co-founder of Just Stop Oil and Extinction Rebellion, was sentenced to five years' imprisonment, while his fellow activists Daniel Shaw, Louise Lancaster, Lucia Whittaker De Abreu and Cressida Gethin were sentenced to four years each. The activists have been collectively referred to as the "Whole Truth Five" in Just Stop Oil's social media posts. [1]

Contents

The severity of the sentences sparked widespread criticism from various quarters. They are thought to be the longest sentences ever given in the UK for peaceful protest. Among the critics are UN Human Rights Commissioner Volker Türk, the United Nations special rapporteur for environmental defenders Michel Forst, Amnesty International and former Archbishop of Canterbury Rowan Williams.

Background

Just Stop Oil is a British environmental activist group focused on the issue of human-caused climate change. It was founded in February 2022 with the primary objective of convincing the UK government to stop licensing new oil and gas projects. [2] Just Stop Oil has often received criticism for using illegal and disruptive tactics in its protests, such as vandalism and traffic obstruction, although the group is committed to non-violence. [2] [3]

M25 protests

On 7 November 2022 dozens of Just Stop Oil activists climbed onto gantries over London's orbital motorway, the M25. [4] This resulted in police stopping the traffic, causing gridlock. The protests continued for four consecutive days, ending on 11 November, and involved 45 activists in total. [5] Later at the trial, the prosecution alleged the protest caused economic losses of £765,000, and cost the Metropolitan Police more than £1.1 million. They also alleged it caused over 50,000 hours of vehicle delay, affecting at least 700,000 vehicles. [5] [6]

Trial

The trial was held at Southwark Crown Court under Judge Christopher Hehir and lasted for two and a half weeks. [7] All the defendants represented themselves during the trial, although three instructed counsel to speak on their behalf during mitigation. [8]

The court heard that Roger Hallam, Daniel Shaw, Louise Lancaster, Lucia Whittaker De Abreu and Cressida Gethin had spoken on a Zoom call organised to recruit potential volunteers for the M25 protest. [9]

On the second day of defence evidence, eleven people were arrested for alleged contempt of court after protesting outside the court holding signs saying "jurors have the right to hear the whole truth". By the final day there were more than 80 protestors outside the courtroom. [7] The court dropped its proceedings against those arrested. [5]

Over the course of the trial, the defendants repeatedly caused disruption by refusing to leave the witness stand and speaking out of turn. [7] By the end of the trial, four of the five defendants had been remanded to custody after police were called to court seven times to make arrests. [9] As punishment, Judge Hehir reduced the time given to each defendant from one hour to twenty minutes. [10] Furthermore, he prohibited them from using climate crisis as a defence for their actions. [11]

On 11 July, the jury unanimously found the defendants guilty of conspiracy to cause public nuisance under the Police, Crime, Sentencing and Courts Act 2022 and the Criminal Law Act 1977. [5] Seven days later, Judge Hehir sentenced Hallam to five years' imprisonment, while co-defendants Shaw, Lancaster, Whittaker De Abreu and Gethin were sentenced to four years apiece. [10] [12] These are thought to be the longest sentences ever given in the UK for peaceful protest. [10] [13] The previous longest sentences were received by Just Stop Oil activists Morgan Trowland and Marcus Decker, who were jailed for three years and two years and seven months, respectively, for scaling the Queen Elizabeth II Bridge on the Dartford Crossing in October 2022. [5]

Reactions

UN Human Rights Commissioner Volker Türk described the sentences as "deeply troubling". [14] Michel Forst, the United Nations special rapporteur for environmental defenders, attended two days of the trial and was critical of the proceedings, stating that such severe sentences for non-violent protest are "not acceptable in a democracy". [15] Amnesty International UK's human rights adviser, Tom Southerden, described the sentences as "draconian" and urged the government to repeal the sections of the Police, Crime, Sentencing and Courts Act 2022 that legislate the offence of public nuisance used against the defendants. [15] [16]

Prominent figures, including TV presenter and environmentalist Chris Packham, TV chef Hugh Fearnley-Whittingstall, entrepreneur Dale Vince, Green Party peer Jenny Jones, Green Party MP Siân Berry and Labour Party MP Clive Lewis spoke out against the sentencing. [15] [17] Over 1200 artists, athletes and academics signed a letter to the Attorney General, calling for an urgent meeting to discuss "the jailing of truth tellers and their silencing in court". Among the signatories were former Archbishop of Canterbury Rowan Williams, musicians Chris Martin and Annie Lennox, and author Philip Pullman. A spokesman for the Attorney General's office stated that "the Attorney General has no power to intervene in these cases". [18]

In contrast, Andrew Tettenborn, a professor of law at Swansea University, spoke out in favour of the sentencing in an article in The Spectator. [19]

The UK government refused to comment on the sentencing, with a spokesman for the prime minister stating that "it is not for politicians to intervene" in matters of judgement and sentencing. [13] [15]

Appeal

On 13 August 2024 lawyers acting on behalf of the five activists announced they intended to appeal the ruling, arguing that the sentences were excessive. [20]

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Phoebe Plummer is a British climate activist. First inspired by a United Nations report published by the Intergovernmental Panel on Climate Change, they joined Just Stop Oil in August 2022 and were arrested three times in their first week. An October 2022 protest in which they and Anna Holland threw tomato soup at a Vincent van Gogh painting at London's National Gallery caused worldwide outrage and £10,000 worth of damage to the frame but empowered activists to carry out similar actions. Plummer was sentenced the month after for blocking the M25 motorway. The following November, Holland and other activists caused tailbacks on multiple roads in West London with a slow march protest, for which they faced the first jury trial under section 7 of the Public Order Act 2023.

Just Stop Oil <i>Sunflowers</i> protest 2022 protest

On 14 October 2022, Phoebe Plummer and Anna Holland threw two tins of Heinz Cream of Tomato Soup at a Sunflowers painting by Vincent van Gogh at the National Gallery in London, glued themselves to the wall, and asked the crowd whether they were more concerned by the protest or the effects of climate change on the planet. They had been inspired to do so by the decrease in media coverage of the organisation's activism and selected that painting due to its vulnerability. Their act earned the pair worldwide censure and queerphobic abuse and caused £10,000 worth of damage to the picture's frame but inspired several subsequent activists to throw other foodstuffs at other paintings. The pair were convicted of criminal damage in July 2024 by Christopher Hehir, who sentenced Plummer to 24 months in prison and Holland to 20 months in September 2024 to criticism from George Monbiot and Nadya Tolokonnikova.

Christopher Joseph Hehir is a British judge. Called to the bar in 1990, he later sat as a judge at Southwark Crown Court and a London Nightingale Court. In July 2024, he convicted Roger Hallam to five years in prison and four other protesters to four years each for their parts in the Just Stop Oil M25 blockade case, prompting criticism from over 1,200 artists, athletes, and academics. He then sentenced Phoebe Plummer and Anna Holland to 24 and 20 months over their parts in the Just Stop Oil Sunflowers protest in spite of an open letter imploring him otherwise, prompting various writers to compare their crimes to those committed by those he had previously given suspended sentences to.

Anna Holland is a British climate activist. Born in northwest England, they joined Just Stop Oil in May 2022 and met Phoebe Plummer at a Trafalgar Square roadblock that October. Later that month, the pair threw soup at a painting of Sunflowers by Vincent van Gogh, prompting worldwide outrage and earning the pair queerphobic abuse. The reaction from their family prompted Holland to retreat from frontline activism. In September 2024, Christopher Hehir sentenced Holland to 20 months in prison for their part in the act, prompting criticism.

References

  1. "Five 'fanatic' Just Stop Oil protesters jailed for plot to block M25". Sky News. 18 July 2024.
  2. 1 2 "Just Stop Oil website".
  3. Gayle, Damien (1 April 2022). "Inside Just Stop Oil, the youth climate group blocking UK refineries". The Guardian. Archived from the original on 17 October 2022. Retrieved 18 August 2024.
  4. "Just Stop Oil: Dozens of activists arrested over M25 protest". BBC News. 7 November 2022.
  5. 1 2 3 4 5 Stedman, Harry (18 July 2024). "Five Just Stop Oil protesters jailed for conspiracy to block M25". The Independent. Retrieved 18 August 2024.
  6. Pilgrim, Tom (13 August 2024). "Just Stop Oil activists in bid to appeal jail terms for conspiracy to block M25". Evening Standard.
  7. 1 2 3 Gayle, Damien (11 July 2024). "Just Stop Oil activists found guilty of conspiring to block M25 traffic". The Guardian.
  8. Siddique, Haroon (19 July 2024). "Just Stop Oil jail terms raise questions over harsh treatment of protesters". The Guardian.
  9. 1 2 Gayle, Damien (12 July 2024). "Contempt, gagging and UN intervention: Inside the UK's wildest climate trial". The Guardian.
  10. 1 2 3 Gayle, Damien (18 July 2024). "Five Just Stop Oil activists receive record sentences for planning to block M25". The Guardian.
  11. Spray, Stuart (18 July 2024). "Just Stop Oil Protestors Receive Harshest Jail Terms Yet in Case that 'May Violate Human Rights Law'". Byline Times .
  12. "Rex v Hallam & ors - sentencing remarks" (PDF).
  13. 1 2 Hymas, Charles; Penna, Dominic (19 July 2024). "Starmer refuses to intervene over lengthy Just Stop Oil prison sentences". The Telegraph.
  14. Speare-Cole, Rebecca (23 July 2024). "Hundreds of celebrities condemn 'injustice' of Just Stop Oil sentences". The Independent.
  15. 1 2 3 4 Gayle, Damien; Horton, Helena; Quinn, Ben (19 July 2024). "'Not acceptable in a democracy': UN expert condemns lengthy Just Stop Oil sentences". The Guardian.
  16. "UK: Lengthy jail sentences for environmental protesters is 'draconian'". Amnesty International. 18 July 2024.
  17. Gayle, Damien; Horton, Helena (19 July 2024). "Celebrities add voice to outcry over severity of Just Stop Oil sentences". The Guardian. Retrieved 19 July 2024.
  18. Bell, Bethan (23 July 2024). "Just Stop Oil sentences condemned by celebrities". BBC News.
  19. Tettenborn, Andrew (19 July 2024). "Just Stop Oil fanatics deserve their lengthy jail terms". The Spectator. Retrieved 24 July 2024.
  20. Bancroft, Holly (13 August 2024). "Just Stop Oil protesters appeal record-breaking sentences for M25 disruption". The Independent.