Climate protesters lose criminal damage defence

Environmental campaigners who smashed windows at HSBC’s London headquarters were acquitted of criminal damage last year after claiming the excuse of preserving a “liveable planet”. It was one of a number of cases in which protesters successfully drew on what’s called the “consent” defence, meaning the owner of the property would have consented to the damage if they truly understood the context of the protest. Yesterday a Court of Appeal ruling stripped away this defence, saying a defendant’s beliefs would not constitute a lawful excuse for criminal damage. Protest over climate change is likely to keep rising, but the risk of going to jail has just got a little higher.