Chris Packham and Gaie Delap Challenge UK…

Chris Packham and Gaie Delap have sent a pre-action letter to the UK Government over the application of Section 78 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA), which criminalises "public nuisance." The pair argue the law is too vague, risking the criminalisation of peaceful protests and infringing on rights to freedom of speech and assembly under the European Convention on Human Rights.

Margherita Cornaglia is instructed as junior counsel in the case, led by Alex Goodman KC. The claimants are seeking clarification on how Section 78 will be interpreted and demanding the government issue guidance to protect peaceful protestors from prosecution. The case also raises concerns about the “reasonable excuse” defence under the law, arguing it fails to safeguard rights to peaceful assembly.

Packham and Delap, both prominent environmental campaigners, are considering judicial review if the government does not address their concerns.

Press Coverage of the case may be found here and here.