London Daily

Focus on the big picture.
Wednesday, Apr 08, 2026

High court overturns acquittal of HS2 protester after appeal by prosecution

High court overturns acquittal of HS2 protester after appeal by prosecution

Judges direct conviction of Elliott Cuciurean in what is being seen as blow to right to protest
The high court has directed that a protester against the HS2 rail line who was originally acquitted of aggravated trespass should be convicted after an appeal by the director of public prosecutions.

In a decision that will come as a blow to protesters more widely, two judges, including the lord chief justice, Lord Burnett, ordered that the case of Elliott Cuciurean be remitted to the magistrates court with a direction to convict.

In the magistrates court, Cuciurean’s counsel had successfully argued that finding him guilty of aggravated trespass would be a disproportionate interference of his rights of freedom of expression and freedom of assembly under articles 10 and 11 respectively of the European convention on human rights.

They had relied on the judgment of the supreme court when quashing the convictions of Nora Ziegler and three others who had formed a blockade outside a London arms fair. In that case, in June last year, the UK’s highest court said there must be a test of “proportionality” weighing up the defendants’ rights to freedom of expression and freedom of assembly against the disruption caused.

The ruling was a boon for protesters and was subsequently cited in other cases, including by six climate crisis activists for a protest that halted the Docklands Light Railway and the acquittal of four people over the toppling the statue of the slave trader Edward Colston in Bristol.

But Wednesday’s ruling by the high court placed limits on its applicability. The written judgment said: “Ziegler does not lay down any principle that for all offences arising out of ‘non-violent’ protest the prosecution has to prove that a conviction would be proportionate to the defendant’s rights under articles 10 and 11 of the European convention on human rights.”

It also distinguished between offences, such as those in the Ziegler case, subject to a defence of lawful or reasonable excuse, and those which are not. Another distinction it made in the current case was that the protest was on private property, stating: “Articles 10 and 11 do not bestow any ‘freedom of forum’ to justify trespass on private land or publicly owned land which is not accessible by the public.”

Tom Wainwright, a criminal barrister at Garden Court law, specialising in protests, who was not involved in the current case, said: “It may be that this case will get appealed to the supreme court and they can then clarify what they actually meant [in Ziegler] but it kind of puts us back in the position before the Ziegler case.”
Newsletter

Related Articles

0:00
0:00
Close
UK Denies Visa to Kanye West After Sponsors Withdraw from Wireless Festival
Trump-Era Forest Service Restructuring Leads to Closure of UK Lab Focused on Kentucky Woodland Health
Foreign Students in the UK Describe Harsh Living Conditions and Financial Pressures
Reform UK Proposes Visa Restrictions on Nations Pursuing Reparations Claims
Public Reaction Divides Over UK Decision to Bar Kanye West
Calls Grow for UK to Review US Base Access Following Concerns Over Escalating Rhetoric
UK Indicates It Will Not Permit Use of Its Bases for Potential US Strikes on Iran’s Energy Infrastructure
UK Prime Minister Defends Decision to Bar Kanye West, Questions Festival Booking
UK Accelerates Efforts to Harmonise Medical Technology Rules with United States
Wireless Festival Cancelled After Kanye West Denied Entry to the United Kingdom
The CIA’s Secret Technology That Can Find You by Your Heartbeat Successfully Locates Downed Airman
Operation Europe: Trump Deploys Vance to Hungary to Save the EU
King Charles Faces Criticism From Some UK Christians Over Absence of Easter Message
Former UK Defence Secretary Raises Concerns Over Ability to Counter Iran Missile Threat
UK Signals Non-Involvement in Iran Conflict as Trump Reasserts Firm Deterrence Stance
US and UK Strengthen Medical Device Cooperation Following Tariff Removal
Trump Backs Steve Hilton for California Governor, Highlighting Reform Agenda
UK Seeks Closer Ties With Anthropic as AI Policy Divergence Emerges Across Atlantic
Experts Warn of Evolving Extremism After Teens Arrested in UK Ambulance Arson Case
UK Convenes Talks to Safeguard Shipping Through Strait of Hormuz After Conflict Escalation
Trump Highlights Strong Leadership in Critique of UK Stance on Iran
UK Authorities Review Kanye West’s Entry Status Following Festival Backlash
UK Considers Deploying Aircraft Carrier for US Independence Day Celebrations Amid Renewed Transatlantic Focus
United Kingdom Moves to Attract AI Firm Anthropic Amid Tensions with US Defense Officials
RAF Intercepts Iranian Drones in Middle East to Defend Allied Security Interests
Labour Signals Shift on Foie Gras and Fur Restrictions to Advance EU Trade Talks
Seven Arrested Near RAF Base as UK Authorities Respond to Protest Activity
Economic Pressures Mount as Analysts Warn UK Growth Is Being Constrained by Policy Burdens
UK Green Party’s Push for Church-State Separation Sparks Debate Over National Identity
Strategic Island Emerges as Growing Challenge for United States and United Kingdom Defense Planning
Pepsi Pulls Sponsorship from UK Festival Following Backlash Linked to Kanye West
Signs Emerge of Declining Enthusiasm for Social Media in the United Kingdom
Security Alert Raised Ahead of Meghan Markle’s Planned Visit to Australia
UK Food Halls Defy Hospitality Slowdown, Emerging as Bright Spot in Challenging Market
UK Sets Firm Conditions for Military Action, Insisting on Legal Mandate and Clear Strategy
UK Medicines Regulator Launches Probe into Peptide Clinics Over Health Claims
New North Sea Drilling Unlikely to Significantly Cut UK Gas Imports, Analysis Finds
Woman Linked to UK’s First All-Female Terror Plot Faces Deportation
Downed US Aircraft Over Iran Linked to Operations from UK Airfield
Two Men and Teen Detained in UK Following Attack on Jewish Charity Ambulance
UK Police Launch Inquiry After Firearms Left Unattended Outside Mayor’s Residence
Giuffre Family Calls on King Charles to Meet Epstein Survivors During US Visit
Amber Wind Warning Issued as Storm Dave Approaches Parts of the United Kingdom
Prince Harry and Meghan’s Australia Visit Set to Draw Heightened Global Attention
UK Considers Entry Fees for Overseas Visitors at Major Museums Ahead of 2026 Travel Season
UK Prime Minister and Kuwait Crown Prince Coordinate Security Response After Regional Escalation
Calls Grow to Expand Fully Paid Maternity Leave for UK Teachers Amid Workforce Pressures
UK Secures Tariff-Free Access to US Market in Landmark Pharmaceuticals Agreement
Trump Projects Strength in Critique of UK Leadership and Naval Readiness
UK FinTech Setback as VibePay and Smartlayer Cease Operations Amid Funding Pressures
×