header-logo header-logo

Criminal damage: when the intuitive becomes counter-intuitive

11 November 2022 / Nicholas Dobson
Issue: 8002 / Categories: Features , Criminal , Human rights , Public
printer mail-detail
100251
The Court of Appeal has weighed in on the debate surrounding criminal damage & right to protest: Nicholas Dobson examines the verdict
  • The European Convention on Human Rights does not provide protection to those who cause criminal damage during protests which are violent or not peaceful, nor when the damage is inflicted violently or not peacefully.
  • Prosecution and conviction for causing significant damage to property, even if inflicted in a way which is ‘peaceful’, could not be disproportionate in Convention terms.

When I were a lad, boiling water burned you, ice was freezing cold, and criminal damage was clearly a crime. This was simply intuitive: in other words, readily, naturally and universally perceived. For as the influential 16th century theologian Richard Hooker wrote: ‘The mind of man desireth evermore to know the truth according to the most infallible certainty which the nature of things can yield. The greatest assurance generally with all men is that which we have by plain aspect and intuitive beholding.’ But, as

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
back-to-top-scroll