Hamish McCallum of the Garden Court Criminal Defence & Protest Rights Teams acted for the claimant, instructed by Rosa Potter of Kellys Solicitors.
Hamish McCallum represented a protestor charged with highway obstruction following a protest in Peckham, south London, in May 2024. The protest was held in opposition to the (then) UK Government’s immigration and asylum policies, and to halt a plan to move a number of asylum seekers from a London hotel to the ‘Bibby Stockholm’ barge in Dorset.
Hundreds of local residents attended Peckham Road and blocked the Home Office’s coach. Hamish’s client took part in the protest by sitting in the road for around five minutes, before being arrested.
On appeal, it was argued that the arresting officer had failed to provide any warning or opportunity to leave voluntarily, despite the Bronze (Operational) Commander directing that officers should follow an ‘engage, explain, encourage, enforce’ staged approach. This approach would have allowed protestors to leave voluntarily in order to protect their right to protest.
Hamish’s client was charged with wilful obstruction of the highway, held in a police station overnight and then convicted at first instance in November 2024.
On appeal, the Court quashed the conviction, agreeing with Hamish’s submission that the Crown Prosecution Service (CPS) had failed to provide sufficient evidence that conviction would be a proportionate interference with the defendant’s right to protest, which is protected under Articles 10 (Freedom of Expression) and 11 (Freedom of Assembly and Association) of the European Convention on Human Rights.
