In a significant legal development, the Court of Appeal in England and Wales has ruled against the ability of climate protesters to claim a “lawful excuse” for causing criminal damage during protests based on their political or philosophical beliefs. This decision emerged from an appeal by the Attorney General, Victoria Prentis KC, challenging the grounds on which protesters could justify property damage as part of their climate change advocacy. The court clarified that a belief in the necessity of their actions due to climate change awareness does not constitute a lawful excuse for criminal damage.

The ruling specifically addressed cases where protesters, including members of groups like Extinction Rebellion, previously argued that property owners would consent to their actions if fully aware of the climate change context. Such defences had led to acquittals in situations where significant property damage occurred, with one noted case involving over £36,000 in damages.

Judges emphasized that the reasoning or motivations behind the damage, including concerns over climate change, do not align with the legal definition of “lawful excuse.” They pointed out that the circumstances surrounding criminal damage should focus on aspects such as the time, place, and extent of the damage rather than the protester’s motivations.

This decision has been met with varied responses, with some climate activists, including Tim Crosland from the climate charity Plan B, criticizing the ruling as a move that stifles climate action and exploits British law. However, the ruling aims to ensure a consistent legal framework for handling cases of criminal damage related to protests, separating the act of protest from criminal behaviour.

Although this ruling does not affect past acquittals, it sets a precedent for future cases by providing clarity on what can and cannot be considered a lawful excuse for property damage during protests. The decision highlights the ongoing tension between escalating climate activism and legal boundaries in the UK, emphasizing the importance of peaceful and lawful protest methods in advocating for environmental issues.