London Daily

Focus on the big picture.
Saturday, Sep 19, 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
England Tightens School Food Standards With Restrictions on Deep-Fried and High-Sugar Foods
Oxfordshire Village Votes Symbolically to Leave UK Over Proposed Asylum Centre
Michael Marra Elected Leader of Scottish Labour
BBC Cash Reserves Fall Sharply as Financial Pressures Mount
George Osborne Calls for UK to Rejoin EU Customs Union
UK Explores Joining Canada-Led Global Defence Bank
Thirlwall Inquiry Highlights Management Failures Surrounding Lucy Letby Crimes
Parliamentary Committee Calls for New UK Law to Address AI Risks to Human Rights
UK Considers Giving Regional Mayors Greater Oversight of Water Companies
UK Opposition Presses Burnham for Stronger Response to Russian Security Threats
Reform UK Faces Scrutiny Over £72 Million in Donations as Political Finance Rules Tighten
Millisecond Software Failure Behind UK Air-Traffic Outage That Cancelled More Than 2,000 Flights
Bank of England Holds Interest Rate at 3.75% as Energy Prices Complicate Inflation Outlook
Burnham Warns of Difficult Choices in October Budget as UK Inflation Rises to 3.1%
Addison Lee Founder Loses £20.5 Million Non-Domicile Tax Case
BrewDog Creditors Face Heavy Losses After Collapse
Thirteenth Metropolitan Police Officer Dismissed Over Charing Cross Conduct
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Accommodation Plan
NHS Approves Life-Extending Treatment for Women With Incurable Breast Cancer
Software Defect Blamed for Major UK Air Traffic Disruption
Twenty Women Underwent Unnecessary Mastectomies at County Durham NHS Trust
British Steel Costs Taxpayers £1.3 Million a Day as MPs Demand Long-Term Plan
UK Parliament Advances Sovereign Grant Reform Setting Royal Funding at £99.9 Million
King Charles Urges Human-Centred Approach to Artificial Intelligence at Scotland Summit
House of Lords Begins Scrutiny of Voting-Age and Political Finance Reforms
UK Labour Market Shows Growing Divide Between Younger and Older Workers
Nearly Seven in 10 UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Andy Burnham Reaffirms UK Net-Zero Target Amid North Sea Energy Debate
UK Parliament Demands Credible Financial and Decarbonisation Plan for British Steel
MPs Urge Government to Reject Thames Water Rescue Deal and Prepare Special Administration
Bank of England Holds Rate at 3.75% as Energy Shock Raises Inflation Risks
TUC Calls for Social Energy Tariff Funded by Higher Taxes on Bank Profits
UK Parliament Enters Conference Recess After Advancing Sovereign Grant Legislation
King Charles Hosts Artificial Intelligence Leaders at Dumfries House Summit
Nearly Seven in Ten UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Anthropic Details Malicious Use of Claude in Cyber, Weapons and Influence Operations
McLaren Announces £500 Million UK Investment and 1,000 New Jobs
Scotland and Wales Sign Cardiff Agreement to Deepen Cooperation on Shared Policy Priorities
UK Government Moves to Fully Fund Teacher Pay Award as Strike Threat Recedes
UK Competition Regulator Deepens Scrutiny of Microsoft’s Business Software and AI Market Position
NHS England Reforms Focus on Cutting Waiting Lists and Improving Digital Care
England Maintains Mandatory Housing Targets in Push for 1.5 Million New Homes
UK Government Plans Statutory Industrial Strategy Council to Strengthen Long-Term Economic Policy
Asthma Charity Warns of Major Gaps in Childhood Diagnostic Testing Across England
TUC Chief Paul Nowak Appointed to Bank of England Court
Bristol Opens £35 Million Deep-Tech Innovation Hub at Temple Quarter
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Housing Plan
Andy Burnham Deepens UK Defense and AI Cooperation With NATO and Canada
UK Government Announces Neonatal Safety Reforms After Thirlwall Inquiry
Bank of England Weighs Rate Decision as UK Inflation Rises to 3.1%
×