DEFENDING PROTESTERS
Crucially, had the police acted in 2019 on the request for a criminal investigation, it is believed that key political figures would have changed their policies and no one would then have been compelled to undertake any form of dynamic climate protest. CGAN argues that it is entirely the fault of the criminal justice system that people are now undertaking climate protests. The police could have acted upon the International Criminal Court Act 2001 but they refused. It is argued that it is not possible to receive a fair trial when the defendant only ended up in court because the police had perverted the course of justice by refusing to apply UK legislation.
Article 6 of the Human Rights Act 1998 assures people the right to a fair trial, but that is not possible where the defendant was compelled to take the step they did due to unlawful behaviour of officers within the criminal justice system. Climate protesters are advised to seek the dismissal of the case against them but, if committed to trial, to use the witness statement to show a jury why they should be acquitted.
If a climate protester wishes to plead guilty to a charge, the evidence provided by CGAN can be used as part of a mitigation statement, explaining that dynamic protest is justified where the police could have intervened to stop the killings and appalling threat but had refused to do so.
It must be noted that in 2020 The Met Police claimed that the legislation did not allow for the prosecution of individuals responsible for mass death and suffering. However, Cressida Dick, the then Met Commissioner, did not lobby government for new powers to stop the killers, but she did lobby government ministers for new powers to stop climate protesters from protesting about the killers. In 2023, when it was clear the Met had no lawful reason for failing to commence a criminal investigation, it continued its efforts to find excuses for not acting. The Met has behaved in bad faith throughout and can rightly be accused of perverting the course of justice.
Lawyers acting for people previously convicted for climate protest cases should consider an appeal against conviction.