Critical legal appeal sees lengthy sentences reduced for Just Stop Oil activists
• Six out of 16 activists have won their appeals to have their sentences reduced
• Images of campaigners outside the Court of Appeal hearing in January can be downloaded here
A key legal test over the right to protest has culminated in an important win at the Court of Appeal today. A judge has today ruled that some of the original sentences handed down to 16 climate activists were “manifestly excessive” and did not comply with human rights laws. This judgment goes some way to improving the law for those sounding the alarm about the climate and nature crises through peaceful protest.
The mass-appeal hearing for the 16 Just Stop Oil activists, which took place over two days last month, has resulted in sentence reductions for the following six protesters (ages are those at the date of the incidents in question):
• The Whole Truth Five’ – Roger Hallam (aged 58; sentenced to 5yrs; reduced to 4 years), Cressida Gethin (aged 20; 4yrs; reduced to 2.5 years), Louise Lancaster (aged 57; 4yrs reduced to 3 years), Daniel Shaw (aged 36; 4yrs; reduced to 3 years) and Lucia Whittaker De Abreu (aged 33; 4yrs; reduced to 2.5 years). All had been convicted of conspiracy to cause a public nuisance, for planning nonviolent disruption on the M25 to stop the granting of new oil and gas licences.
• Gaie Delap (20 months; reduced to 18 months); Ms Delap was 75 years old at the time and was convicted of public nuisance for her involvement in the M25 protest.
The sentences of 10 other protesters involved in the conjoined appeal were not reduced:
• ‘M25 Gantries’– George Simonson (aged 22; 2yrs), Theresa Higginson (aged 24; 2yrs), Paul Bell (aged 22; 22 months), and Paul Sousek (aged 71; 20 months). Along with Ms Delap, they had participated in the action planned by the Whole Truth Five (above), by climbing onto gantries over the M25.
• ‘Navigator Tunnellers’ – Larch Maxey (aged 50; 3yrs), Chris Bennett (aged 31; 18 months), Samuel Johnson (aged 39; 18 months) and Joe Howlett (aged 32; 15 months) occupied tunnels dug under the road leading to the Navigator Oil Terminal in Thurrock, Essex.
• Sunflowers’ – Phoebe Plummer (aged 21; 2yrs) and Anna Holland (aged 20; 20 months). They had thrown soup on the glass protecting Van Gogh’s Sunflowers painting.
The protesters’ legal arguments were supported by the environmental justice organisations Friends of the Earth and Greenpeace UK, who had permission to intervene specifically in the sentencing appeal of the ‘Whole Truth Five’.
Hundreds of people gathered outside the court across both days of the hearing in January in a show of solidarity with the appellants. This included TV presenter Chris Packham and the actor Juliet Stevenson, and campaign groups Amnesty International, Liberty and Not1More were among those who joined calls for leniency with regard to peaceful protest. The great-granddaughter of famed suffragette Emmeline Pankhurst, Helen Pankhurst, shared her support for the 16 activists ahead of the appeal.
Research published in December found that Britain leads the world in cracking down on climate activism, with environmental protesters arrested at nearly three times the global average rate. Until recent changes to the law were brought in by the former government, it was virtually unheard of for peaceful protest to result in jail time.
Speaking to the Financial Times at the time of the hearing, UN special rapporteur for environmental defenders, Michel Forst, said that “Disproportionate sanctions for protests… have a significant adverse impact on the most fundamental freedoms.” He added that these are not felt just by those “personally criminalised” for protesting, but for all who’d like to participate in protest actions that are then deterred for fear of punishment. This same argument was made by Friends of the Earth in their submissions to the court.
Katie de Kauwe, senior lawyer at Friends of the Earth, said:
“Supreme Court judge Lord Hoffmann once ruled that civil disobedience on conscientious grounds has a long and honourable history in this country. We welcome the point of principle in today’s ruling that sentencing for peaceful protest needs to factor in both the defendant’s conscientious motivation, and protections afforded under the European Convention of Human Rights. This is a positive development for the environmental movement as a whole, and for all peaceful movements holding the government to account.
“Friends of the Earth is pleased that the Court of Appeal has reduced at least some of the climate activists’ sentences. Ultimately however, we believe that locking up those motivated by their genuine concern for the climate crisis is neither right or makes any sense – and at a time when our prisons are so grossly overcrowded.
“Friends of the Earth is proud to have supported the climate activists in their pursuit of justice. We urge the government to repeal the raft of regressive anti-protest legislation brought in by its predecessors to curb dissent and set about restoring the UK’s reputation as a tolerant country.”
Areeba Hamid, co-executive director at Greenpeace UK, said:
“Despite some modest reductions, these sentences are still unprecedented and they still have no place in a democracy that upholds the right to protest.
“This appeal has led to some important clarifications and a recognition that the trial judge was mistaken in denying the protestors the protection of certain legal rights and in discounting the conscientious nature of their motivations.
“But this ruling will not halt, let alone reverse, the UK’s slide towards authoritarianism that began under the last government but is being enthusiastically embraced by this one. Even the most everyday protests, marches and rallies organised in cooperation with the police, are being demonised and blocked. If you care about anything any corporation or anyone in a position of power is doing, or should be doing, you should be incredibly concerned about your freedom to speak out. If you don’t raise your voice now, you may lose it forever.”
ENDS
Notes to editors:
1. The four linked cases in the mass appeal, all related to actions by Just Stop Oil, include (original sentences shown):
• 'The Whole Truth Five’ – Roger Hallam (5yrs), Cressida Gethin (4yrs), Louise Lancaster (4yrs), Daniel Shaw (4yrs) and Lucia Whittaker De Abreu (4yrs) received record breaking prison sentences for planning nonviolent disruption on the M25, to stop the granting of new oil and gas licences.
• ‘M25 Gantries’ – George Simonson (2yrs), Theresa Higginson (2yrs), Paul Bell (22 months), Gaie Delap (20 months) and Paul Sousek (20 months) participated in that same action, by climbing onto gantries over the M25.
• ‘Navigator Tunnellers’ – Larch Maxey (3yrs), Chris Bennett (18 months), Samuel Johnson (18 months) and Joe Howlett (15 months) occupied tunnels dug under the road leading to the Navigator Oil Terminal in Thurrock, Essex.
• ‘Sunflowers’ – Phoebe Plummer (2yrs) and Anna Holland (20 months) threw soup on the glass protecting Van Gogh’s Sunflowers painting.
2. Friends of the Earth and Greenpeace UK were represented by Alex Goodman KC of Landmark Chambers and Jessica Jones of Matrix Chambers. The legal team within Friends of the Earths was led by Senior Lawyer Katie de Kauwe, assisted by Phil Michael Legal Scholar Gabby Antrum. Greenpeace’s in-house lawyer is Jack Robirosa. Alexandria Marcou, Manoj Rupasinghe and Nimansa Thalduwa of the criminal defence firm Lloyds PR Solicitors are the interveners’ external solicitors.
3. Critical Just Stop Oil mass-hearing goes to Court of Appeal | January 2025
4. Green groups to intervene in Just Stop Oil court appeal | December 2024
5. Friends of the Earth has also filed proceedings to the European Court of Human Rights over the use of anti-protest injunctions in the UK. Increasingly, they are being used as a mechanism by private companies and public authorities to quash opposition to environmentally damaging projects, bypassing the criminal justice system altogether. Typically, they impose a blanket ban on a variety of protest activities and carry harsh consequences for those who breach them.
Legal challenge against anti-protest injunctions goes to human rights court | May 2024