London Daily

Focus on the big picture.
Monday, Sep 15, 2025

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
London Daily Podcast: London Massive Pro Democracy Rally, Musk Support, UK Economic Data and Premier League Results Mark Eventful Weekend
This Week in AI: Meta’s Superintelligence Push, xAI’s Ten Billion-Dollar Raise, Genesis AI’s Robotics Ambitions, Microsoft Restructuring, Amazon’s Million-Robot Milestone, and Google’s AlphaGenome Update
Le Pen Tightens the Pressure on Macron as France Edges Toward Political Breakdown
Musk calls for new UK government at huge pro-democracy rally in London, but Britons have been brainwashed to obey instead of fighting for their human rights
Elon Musk responds to post calling for the murder of Erika Kirk, widow of Charlie Kirk: 'Either we fight back or they will kill us'
Czech Republic signs €1.34 billion contract for Leopard 2A8 main battle tanks with delivery from 2028
USA: Office Depot Employees Refused to Print Poster in Memory of Charlie Kirk – and Were Fired
Proposed U.S. Bill Would Allow Civil Suits Against Judges Who Release Repeat Violent Offenders
Penske Media Sues Google Over “AI Overviews,” Claiming It Uses Journalism Without Consent and Destroys Traffic
Indian Student Engineers Propose “Project REBIRTH” to Protect Aircraft from Crashes Using AI, Airbags and Smart Materials
French Debt Downgrade Piles Pressure on Macron’s New Prime Minister
US and UK Near Tech, Nuclear and Whisky Deals Ahead of Trump Trip
One in Three Europeans Now Uses TikTok, According to the Chinese Tech Giant
Could AI Nursing Robots Help Healthcare Staffing Shortages?
NATO Deploys ‘Eastern Sentry’ After Russian Drones Violate Polish Airspace
Anesthesiologist Left Operation Mid-Surgery to Have Sex with Nurse
Tens of Thousands of Young Chinese Get Up Every Morning and Go to Work Where They Do Nothing
The New Life of Novak Djokovic
The German Owner of Politico Mathias Döpfner Eyes Further U.S. Media Expansion After Axel Springer Restructuring
Suspect Arrested: Utah Man in Custody for Charlie Kirk’s Fatal Shooting
In a politically motivated trial: Bolsonaro Sentenced to 27 Years for Plotting Coup After 2022 Defeat
German police raid AfD lawmaker’s offices in inquiry over Chinese payments
Turkish authorities seize leading broadcaster amid fraud and tax investigation
Volkswagen launches aggressive strategy to fend off Chinese challenge in Europe’s EV market
ChatGPT CEO signals policy to alert authorities over suicidal youth after teen’s death
The British legal mafia hit back: Banksy mural of judge beating protester is scrubbed from London court
Surpassing Musk: Larry Ellison becomes the richest man in the world
Embarrassment for Starmer: He fired the ambassador photographed on Epstein’s 'pedophile island'
Manhunt after 'skilled sniper' shot Charlie Kirk. Footage: Suspect running on rooftop during panic
Effective Protest Results: Nepal’s Prime Minister Resigns as Youth-Led Unrest Shakes the Nation
Qatari prime minister says Netanyahu ‘killed any hope’ for Israeli hostages
King Charles and Prince Harry Share First In-Person Moment in 19 Months
Starmer Establishes Economic ‘Budget Board’ to Centralise Policy and Rebuild Business Trust
France Erupts in Mass ‘Block Everything’ Protests on New PM’s First Day
Poland Shoots Down Russian Drones in Airspace Violation During Ukraine Attack
Brazilian police say ex-President Bolsonaro had planned to flee to Argentina seeking asylum
Trinidad Leader Applauds U.S. Naval Strike and Advocates Forceful Action Against Traffickers
Kim Jong Un Oversees Final Test of New High-Thrust Solid-Fuel Rocket Engine
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Macron Appoints Sébastien Lecornu as Prime Minister Amid Budget Crisis and Political Turmoil
Supreme Court temporarily allows Trump to pause billions in foreign aid
Charlie Sheen says his father, Martin Sheen, turned him in to the police: 'The greatest betrayal possible'
Vatican hosts first Catholic LGBTQ pilgrimage
Apple Unveils iPhone 17 Series, iPhone Air, Apple Watch 11 and More at 'Awe Dropping' Event
Pig Heads Left Outside Multiple Paris Mosques in Outrage-Inducing Acts
Nvidia’s ‘Wow’ Factor Is Fading. The AI chip giant used to beat Wall Street expectations for earnings by a substantial margin. That trajectory is coming down to earth.
France joins Eurozone’s ‘periphery’ as turmoil deepens, say investors
On the Anniversary of Queen Elizabeth’s Death: Prince Harry Returns to Britain
France Faces New Political Crisis, again, as Prime Minister Bayrou Pushed Out
Murdoch Family Finalises $3.3 Billion Succession Pact, Ensuring Eldest Son’s Leadership
×