The WLR Daily case summaries
[2022] WLR(D) 383
Court of Appeal
Attorney General’s Reference (No 1 of 2022)
[2022] EWCA Crim 1259
2022 June 29, 30
Sept 28
Sept 28
Lord Burnett of Maldon CJ, Holgate, Saini JJ
Crime— Court of Appeal (Criminal Division)— Jurisdiction— Attorney General referring questions for opinion of court on points of law in issue at trial of acquitted defendant in Crown Court— Whether Attorney General precluded from advancing different argument from Crown at trial— Whether jurisdiction to give opinion on questions—
Criminal Justice Act 1972 (c 71), s 36(1)
Human rights— Right to protest— Interference with— Defendant charged with causing significant criminal damage to statue during protest and committed to Crown Court for trial— Whether conviction for offence of criminal damage intrinsically justified and proportionate interference with right to protest— If not, principles to be applied by Crown Court judges when determining whether Convention rights engaged by potential conviction of defendants purporting to carry out act of protest— If rights engaged, when should proportionality issue be withdrawn from jury—
Human Rights Act 1998 (c 42), Sch 1, Pt 1, arts 9, 10, 11