CPS miss target as anti-drone protesters avoid prosecution

The Crown Prosecution Service (CPS) has dropped criminal proceedings against anti-drone protestors at a Staffordshire factory for the second time this year.

In July, 19 demonstrators were arrested for protesting outside Staffordshire-based UAV Engines and were to be tried at Stafford Crown Court next year.

However, the drone manufacturer had failed to notify the protesters of an earlier 'ex-parte' hearing in which it obtained an interim injunction.

In October, the demonstrators challenged the decision and the Birmingham High Court found 'serious and manifold' failures in the company's duty to disclose to the court at the first hearing.

The interim injunction was discharged 'ab-initio'- as if the injunction never existed. This month, the charges were dropped.

Earlier this year, proceedings against nine other protesters were dropped after they occupied the roof of the factory.

The case was discontinued when the factory failed to act upon the court's request for information about the destination of the engines it produces.

Anne Thwaites, associate solicitor at Bindmans who represented the protesters challenging the injunction, expressed concern at companies who seek civil injunctions to stop peaceful political protests.

'The court's decision was a victory for freedom of expression,' she said. 'The company should never have applied for an ex parte injunction. The judgment shows that if companies do not provide full and frank disclosure that the court will take decisive action against them.'

Looking forward Thwaites said: 'It is hoped that this decision will send a message to companies that they are not able to curtail peaceful protests and will stop attempts to criminalise protestors.'

Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk | @sportslawmatt