Andy Rootsey of Murray Hughman and Hannah Thomas of 2 Hare Court have secured the acquittal of Human Rights activist Debbie Hicks. Ms Hicks was prosecuted for organising and participating in a protest against the imposition of Coronavirus Restrictions in November 2020.
The Prosecution submitted that the Freedom Rally held in Stroud was in breach of the Coronavirus Regulations and that the actions of the Government and Police in response to the Covid 19 Pandemic were proportionate, given the risk to public health. bbc.co.uk/news/uk-englan…
The Prosecution submitted that our client was in breach of the Regulations and that her actions in protesting at this time could not amount to a reasonable excuse and could not provide her with a defence.gloucestershirelive.co.uk/news/glouceste…
We successfully argued, relying upon the recent Supreme Court decision in Zieglar concerning proportionality of State interference with Article 10 Freedom of Expression and Article 11 Freedom of Assembly ECHR rights (as enshrined in domestic law by the Human Rights Act),
that Ms Hicks was exercising her freedom of expression and assembly rights by attending a legitimate protest, that there has never been and could never lawfully be a blanket ban on protest even during periods of national ‘lockdown’ and that the State interference with her
Human Rights, in this case was disproportionate. The District Judge in acquitting our client of both offences found that Debbie was engaging in a legitimate, well organised, peaceful protest and that officers on the ground on the date of her arrest
were acting under a misapprehension of the law. He found that Gloucestershire Police Constabulary were essentially operating a “blanket ban” on protests which could never be a proportionate interference with Article 10 and 11 ECHR rights,
her freedoms had therefore been disproportionately interfered with and so she had a reasonable excuse for breaching the prohibition on gathering under the Coronavirus Regulations in force at the time.
We are delighted for Debbie @StroudRedShed and we would like to thank Hannah Thomas @2HareCourt of Counsel for her tireless efforts, Toby Young @toadmeister of the Daily Sceptic and the Free Speech Union for his support in raising awareness and
to each and every person that contributed to Debbie’s Fundraiser, this result would not have been possible without you.
#FreedomOfEspression #FreedomOfSpech #FreedomOfAssembly #Protest #CoronavirusRegulations #DebbieHicks #Freedom
#FreedomOfEspression #FreedomOfSpech #FreedomOfAssembly #Protest #CoronavirusRegulations #DebbieHicks #Freedom
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