Director of Public Prosecutions v Ziegler

Subject Matter

HUMAN RIGHTS — Freedom of expression and assembly — Interference with — Defendants obstructing highway during demonstration against arms fair — Whether defendants acting “without lawful … excuse” if lawfully exercising Convention rights to freedom of expression and peaceful assembly — Whether interference with defendants’ Convention rights proportionate — Highways Act 1980 (c 66), s 137 (as amended by Criminal Justice Act 1982 (c 48), ss 38, 46) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 11

[2019] EWHC 71 (Admin); [2020] QB 253; [2019] 2 WLR 1451; [2019] 1 Cr App R 32; [2019] WLR (D) 81; [2019] WLR(D) 81, DC

HUMAN RIGHTS — Freedom of expression and assembly — Interference with — Defendants charged with obstructing highway during demonstration against arms fair — Whether defendants lawfully exercising Convention rights so as to have “lawful … excuse” — Whether interference with defendants’ Convention rights proportionate — Proper approach to proportionality by appellate court on appeal by way of case stated — Magistrates’ Courts Act 1980 (c 43), s 111 — Highways Act 1980 (c 66), s 137 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 11

[2021] UKSC 23; [2022] AC 408; [2021] 3 WLR 179; [2021] 4 All ER 985; [2021] 2 Cr App R 19; The Times, 7 July 2021, SC(E)

HUMAN RIGHTS — Freedom of expression — Freedom of assembly — Interference with — Demonstrators establishing roadblock charged with obstructing highway without lawful excuse — Whether disproportionate interference with demonstrators’ Convention rights — Whether obstructing highway constituting “lawful … excuse” if interference disproportionate — Highways Act 1980 (c 66), s 137 (as amended by Criminal Justice Act 1982 (c 48), ss 38, 46) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 11

[2019] EWHC 71 (Admin); [2020] QB 253; [2019] 2 WLR 1451; [2019] 1 Cr App R 32; [2019] WLR (D) 81; [2019] WLR(D) 81, DC

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: Director of Public Prosecutions v Ziegler and Ors [2021] UKSC 23 Case comment

Global Freedom of Expression (Columbia University)
Director of Public Prosecutions v. Ziegler and others: expands expression Case comment

Blackstones Criminal Practice 2025
Defences Involving Other Excuses and Justifications - Self-defence, Prevention of Crime and Related Defences Generally - Prevention of Crime A3.56

Substantive Criminal Law A7.18

Blackstones Civil Practice 2023
Behaviour Control and Human Rights - Impact of Convention rights 88.30