paulfromcamden
Baffled
Jaw-dropping report by the BBC on the private injunctions being taken out by councils and fossil fuel companies.
The civil injunctions - in force at places like oil terminals, petrol stations and racetracks across England and Wales - also apply to “persons unknown”, meaning anyone could be prosecuted.
The anti-protest injunctions limit what people can do, who they can associate with and where they can go.
The punishment for breaching one can be up to two years imprisonment or an unlimited fine - a heavier penalty than for equivalent offences in criminal law.
Few applications to the High Court are challenged because legal aid is not available for the initial hearing, says lawyer Raj Chada. Protesters can argue their case at a second hearing, but must abide by the injunction's rules until then.
Sarah Benn, a retired GP from Birmingham, was imprisoned for 32 days in 2022 for repeatedly breaching an injunction preventing protests near Kingsbury Oil Terminal in Warwickshire, the largest inland oil storage depot in the UK.
Her breach consisted of protesting on a grass verge and sitting on the private road leading into the terminal.
North Warwickshire Borough Council - which took out the injunction - has declined to comment as it is applying to the High Court to renew the measure for three more years.
A Freedom of Information request submitted by the BBC shows North Warwickshire council officers met oil company representatives 10 times, partly in relation to obtaining the injunction. The council does not hold minutes of the meetings. The request also reveals the council spent £155,000 on legal fees in the process.
Lawyer Raj Chada argues the proliferation of injunctions amounts to “private justice” - only available to those who can afford to pay.
Protesters risk being ordered to pay their opponents’ legal bills if they make an unsuccessful challenge to the injunction, he says. “[This} can run to hundreds of thousands of pounds.”
This feels like a massive over-reach. Very hard to see how it is in the public interest.
The civil injunctions - in force at places like oil terminals, petrol stations and racetracks across England and Wales - also apply to “persons unknown”, meaning anyone could be prosecuted.
The anti-protest injunctions limit what people can do, who they can associate with and where they can go.
The punishment for breaching one can be up to two years imprisonment or an unlimited fine - a heavier penalty than for equivalent offences in criminal law.
Few applications to the High Court are challenged because legal aid is not available for the initial hearing, says lawyer Raj Chada. Protesters can argue their case at a second hearing, but must abide by the injunction's rules until then.
Sarah Benn, a retired GP from Birmingham, was imprisoned for 32 days in 2022 for repeatedly breaching an injunction preventing protests near Kingsbury Oil Terminal in Warwickshire, the largest inland oil storage depot in the UK.
Her breach consisted of protesting on a grass verge and sitting on the private road leading into the terminal.
North Warwickshire Borough Council - which took out the injunction - has declined to comment as it is applying to the High Court to renew the measure for three more years.
A Freedom of Information request submitted by the BBC shows North Warwickshire council officers met oil company representatives 10 times, partly in relation to obtaining the injunction. The council does not hold minutes of the meetings. The request also reveals the council spent £155,000 on legal fees in the process.
Lawyer Raj Chada argues the proliferation of injunctions amounts to “private justice” - only available to those who can afford to pay.
Protesters risk being ordered to pay their opponents’ legal bills if they make an unsuccessful challenge to the injunction, he says. “[This} can run to hundreds of thousands of pounds.”
This feels like a massive over-reach. Very hard to see how it is in the public interest.
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Civil injunctions restrict protests at 1,200 locations, BBC finds
Companies and public bodies are using court orders to prevent environmental protests taking place.
www.bbc.co.uk