Chris Packham challenges government protest laws

Broadcaster and environmental advocate Chris Packham CBE has united with fellow campaigner Gaie Delap in a legal challenge to the UK Government's enforcement of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA), which they assert infringes on the right to peaceful protest. In a Pre-Action Protocol (PAP) letter submitted by their lawyers at Leigh Day to the Director of Public Prosecutions (DPP) and the Secretary of State for Justice, they seek urgent clarification regarding the interpretations of section 78 of the PCSCA, which criminalises “public nuisance.” The duo contends that this provision is overly broad and vague, possibly criminalising non-violent environmental protests and inadequately guaranteeing rights to freedom of speech and assembly as outlined in Articles 10 and 11 of the European Convention on Human Rights (ECHR).

Their challenge highlights a significant lack of guidance for both prosecutors and judges, which leads to ambiguity in the legal treatment of protesters, putting them at risk of prosecution without clear legal parameters. Packham and Delap argue that while the legislation allows for a “reasonable excuse” defense against public nuisance offences, it fails to explicitly protect rights to assembly and speech. The legal letter expresses concern stating “We are concerned that the new reasonable excuse defence does not refer to the rights guaranteed by Article 10 and 11, given that the offence could be used to prosecute non-violent protest... The new offence may have a chilling effect on the right to protest if individuals are dissuaded from protesting because they are unsure whether their non-violent conduct will amount to public nuisance.”

Their legal request includes calling for the clarification of section 78’s interpretation to ensure protections for peaceful protests, the issuance of prosecutorial guidance to assist courts in determining when prosecutions under this section will be pursued, and demands that courts consider human rights defences when protestors are prosecuted. They also urge the government to accept that section 78 may be incompatible with the Human Rights Act and amend it accordingly.

This latest legal initiative follows closely after the campaign group Wild Justice, co-founded by Packham, announced their own challenge regarding Part 3 of the Government’s contentious Planning and Infrastructure Bill. Wild Justice argues that this legislation undermines public participation rights in environmental decision-making and violates international obligations under the Aarhus Convention by restricting access to justice in planning matters.

Gaie Delap, a climate and environmental protestor, previously pleaded guilty to causing public nuisance and received a 20-month prison sentence for her involvement in a peaceful climate protest in 2022, specifically a Just Stop Oil protest where she climbed onto a gantry over the M25 to protest the government’s approval of numerous oil and gas licenses. Both Packham and Delap are prepared to file for judicial review on the section 78 issue if they do not receive a satisfactory response to their legal letter.

Represented by Leigh Day’s Tessa Gregory and Carol Day, and counsel from various chambers, Chris Packham commented “This is an attack on the fundamental right to peacefully protest. Peaceful protests have been a cornerstone of every progressive environmental and social movement in history. Yet right now, laws like this are being used to silence dissent and criminalise conscience. Please be very clear - this is about more than climate, it’s about the future of democracy in the UK.”

In her own words, Gaie Delap added “Peaceful protests are not a crime. I went to prison for standing up for a liveable planet – something that should be the right of every citizen, not punished with jail time. This law doesn’t just target people like me, it threatens anyone who cares enough to speak out. I took action because I believe we have a moral responsibility to protect the Earth for future generations.”

Tessa Gregory, a human rights partner at Leigh Day, stated “Section 78 of the PCSCA is dangerously vague and open to misuse. The absence of clear prosecutorial guidance means individuals face prosecution simply for planning or participating in peaceful protests. Our clients are asking the government to clarify the law, issue guidance, and ensure that these powers are applied in a way that respects fundamental rights.”

Chris and Gaie are currently crowdfunding for their legal claim, aiming to secure a future where the right to protest is safeguarded.

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