UK climate activists fear case delays could cost them right to jury trial

Climate activists fear that delays to their cases may mean they lose the right to a trial before jurors, who are typically more likely to acquit them than a judge. Scores of defendants facing trials for protests as long ago as 2021 have had proceedings repeatedly postponed and worry that by the time their cases are heard, government changes limiting the right to jury trial may be in force. Juries have an absolute right to acquit based on their conscience. 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. Among those who fear they could be affected are dozens of people charged under the Public Order Act with “interference with key national infrastructure” in relation to Just Stop Oil slow march protests in 2023. One of these, Adem Ay, 45, from Hackney Wick in east London, who is facing a trial in July next year, said: “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.” The jury trial changes, which will apply retrospectively to cases already in the system, are anticipated to take effect in 2028. …