A leading human rights lawyer has warned that sentencing four Palestine Action protesters as terrorists, despite a jury not convicting them of a terrorism offence, poses a 'constitutional threat'. Michael Mansfield KC, who has worked on high-profile cases including the Grenfell Tower fire and the Stephen Lawrence murder, said the move violates fundamental legal principles.
Charlotte Head, 29, Samuel Corner, 23, Leona Kamio, 30, and Fatema Rajwani, 21, were found guilty of criminal damage last month over a 2024 break-in at an Israeli arms manufacturer's UK site. Corner was also convicted of grievous bodily harm without intent for striking a police officer with a sledgehammer. On Friday, Mr Justice Johnson will decide whether their offences had a terrorist connection, which could lead to harsher sentences.
Mansfield is among more than 50 lawyers and legal experts who signed an open letter arguing that such a finding would be 'wrong in principle'. He stated: 'It's a recategorising the offence without a trial. It's particularly insidious because they weren't allowed to explain their motivation to a jury.' The letter highlighted that blurring the distinction between principled direct action and terrorism is a hallmark of authoritarian regimes.
If a terrorist connection is found, the four would serve a greater proportion of their sentence in prison and be required to notify police of personal changes for life. Professor Penny Green of Queen Mary University of London called the potential decision 'beyond shocking', questioning why British justice would defend perpetrators of genocide.
The requirement for a judge to consider a terrorist connection as an aggravating factor comes from section 69 of the Sentencing Act 2020. A judicial spokesperson emphasised that judges apply the law as set by parliament, acting without fear or favour.
