PRESS RELEASE : Attorney General seeks criminal damage clarity from Court of Appeal [December 2023]

The press release issued by the Attorney General’s Office on 20 December 2023.

The Court of Appeal has been asked to provide clarity on when a particular defence to criminal damage is available for use by protesters, the Attorney General has announced today.

Attorney General Rt Hon Victoria Prentis KC MP has asked the Court’s Criminal Division to consider whether claims that protesters honestly believed organisations affected by their stunts would have consented to the damage – if they had known more about the impact of climate change – can be a defence in court.

This argument has been used by environmental campaign groups in the last year, resulting in acquittals for criminal damage.

The Attorney General has asked the Court to provide some clarity on the law as guidance for future cases.

Attorney General Rt Hon Victoria Prentis KC MP said:

I have made this reference as it is important that the law is clear and fairly applied. I look forward to the Court of Appeal considering this issue, and would like to emphasise that regardless of the outcome of this reference, it cannot affect those who have been acquitted through the usual trial process.

It will now be for the independent Court of Appeal to consider any submissions made.