Climate activists in the UK fear that delays to their legal cases could result in losing the right to a trial by jury, which they believe is more likely to result in acquittal than a judge-alone trial. Many defendants charged in connection with protests dating back to 2021 have faced repeated postponements, raising concerns that by the time their cases are heard, government proposals to limit jury trials may already be in force.
Background on the proposed changes
Juries in the UK have an absolute right to acquit based on their conscience, a principle that activists argue is crucial for fair trials. The government has proposed removing the right of defendants accused of so-called either-way offences to elect whether they are tried in a crown court before their peers or in a magistrates court. Under the proposed changes, even if magistrates decide a case should be heard in crown court, it would be tried without a jury unless the court believes the defendant is likely to receive a sentence of more than three years on conviction.
Affected activists and their concerns
Among those who could be affected are dozens of individuals charged under the Public Order Act with interference with key national infrastructure in relation to Just Stop Oil slow march protests in 2023. Adem Ay, 45, from Hackney Wick in east London, who is facing a trial in July 2025, expressed his fears: I feel like speaking to people [jurors], who can essentially do a smell test of whether this is fair or not, is my only hope because there are so many restrictions happening with how much we can talk about our motivations, how much we can talk about climate change. A number of juries have found protesters innocent when there have been no legal defences available.
Ay, who is representing himself, said he argued at Southwark Crown Court against a delay, citing the potential loss of the right to a jury trial. He claimed the judge was sympathetic and said she was surprised more people weren't out on the streets protesting.
Dawn Gordon, 22, from Belfast, who is also facing trial in mid-2025 for the slow marches, said: With a jury trial, it could be that people say actually this was justified because this year we're going to have heatwaves, it might be the hottest year on record again, and next we've got the super El Niño, and if I had my jury trial next year then people would have felt that.
Ludi Simpson, 73, from Bradford, is due to be tried in spring 2025 for alleged criminal damage after throwing soup over a Vincent van Gogh painting of sunflowers in 2024, an hour after two other people were jailed for a similar protest in 2022. Judges are not your peers as juries are, Simpson said. The judge will have no sympathy for the reason, the context, the situation in the world.
Amy Pritchard, 41, from London, is facing two trials next year for alleged public nuisance related to Insulate Britain protests in 2021. It's been hanging over me for a long time, she said. In a context of absolute loss of faith in our justice system and government, the bit of democratic power that people have to intervene in the justice system is [being] taken away.
Official responses
A Just Stop Oil spokesperson said the proposed changes will mean that Insulate Britain and Just Stop Oil supporters with outstanding trials will lose the chance to explain their actions in front of a jury. This will mean more guilty verdicts and more prison sentences for people who took action to limit climate catastrophe by standing up to the fossil fuel death cult.
A Ministry of Justice spokesperson countered the activists' concerns: This is not true – most low-level protest offences including cases from previous Just Stop Oil protests are already heard in the magistrates courts.
The jury trial changes, which will apply retrospectively to cases already in the system, are anticipated to take effect in 2028. Defendants who have already experienced delays worry that further postponements could bring them under the new rules.
