The sentencing earlier this month of five Just Stop Oil protesters to prison terms of between four and five years sparked outrage in some quarters but delight in others. Whilst the likes of The Daily Mail and The Spectator were “delighted” that the Just Stop Oil “fanatics” got their just desserts (1), others regarded it as a “low point in British justice” and an “assault on free speech.” (2)
The five were convicted of conspiracy intentionally to cause a public nuisance, contrary to section 78 of the Police, Crime, Sentencing and Courts Act 2022 and Section 1 of the Criminal Law Act 1977, on July 11, relating to Zoom meeting on November 2 2022 that was infiltrated by a journalist from the Sun newspaper, who recorded the meeting and passed the recordings on to the police. (3)
The sentences, thought to be the longest sentences ever given for peaceful protest for which the prosecution alleged left the M25 “compromised” for more than 120 hours in November 2022, affecting more than 700,000 vehicles and causing 50,000 hours of vehicle delay with an economic cost of at least £765,00 and a cost to the Metropolitan Police was more than £1.1 million. Yet the United Nations representative believes the sentences may “violate the UK’s obligations under international human rights law”.(4)
Key to the outcome of the trial was the passing of legislation like Police, Crime, Sentencing and Courts Act (2022) and the Public Order Act (2023) that critics say not only treats protest movements as a criminal enterprise also “objectively justifies discrimination against black people and Travellers.” (5)
Peaceful protests by the likes of Just Stop Oil, even if annoying to some, used to be treated leniently by the courts, if they got that far. But the aforementioned laws, seen by commentators as being a response to the ‘Black Lives Matter’ protests in the wake of George Floyd’s murder and symptoms of an increasingly authoritarian government and part of its propaganda war against the Afrikan community (e.g. the Commission on Race and Ethnic Disparities report). (6)
Thus, although Just Stop Oil (and the pro-Palestine protests) are currently in the governemnt’s crosshairs they could easily swing back towards the Afrikan community (that some would argue was the original intention, vis-a-vis ‘Black Lives Matter’), bringing with it renewed threats of infiltration and crackdowns on protests on issues like reparations, deaths in custody and a whole host of legitimate grievances if the police, with the extended powers granted to them, deem them too noisy or likely to be a nuisance. (7)
Although one particular demographic was especially pleased at the Just Stop Oil trial outcome, the reality is that these powers can be used against anyone – including them. However, the continuing rightward lurch in UK politics, encompassing the main political parties, the white grievance media and the police and evidenced in moves to redefine ‘extremism’, renders this unlikely. (8)
(1) Frank Furedi (25/07/24) I’m delighted a judge jailed the Just Stop Oil zealots – and even more pleased it’s incensed Steve Coogan, Rowan Williams & Co so much. https://www.dailymail.co.uk/debate/article-13669059/Im-delighted-judge-jailed-Just-Stop-Oil-zealots-pleased-incensed-Steve-Coogan-Rowan-Williams-writes-FRANK-FUREDI.html; Andrew Tettenborn (19/07/24) Just Stop Oil fanatics deserve their lengthy jail terms. https://www.spectator.co.uk/article/just-stop-oil-fanatics-deserve-their-lengthy-jail-terms/
(2) Stuart Spray (23/10/23) Just Stop Oil Protestors Receive Harshest Jail Terms Yet in Case that ‘May Violate Human Rights Law’. https://bylinetimes.com/2024/07/18/just-stop-oil-sentencing-m25/
(3) Athena Stavrou (20/07/24) Just Stop Oil founder jailed for record five years over M25 motorway protest. https://www.independent.co.uk/news/uk/crime/just-stop-oil-jailed-m25-environmental-protest-b2582111.html
(4) Ibid.; Spray. Op. cit.
(5) Graeme Hayes & Steven Cammiss (19/07/24) Just Stop Oil’s harsh sentences are the logical outcome of Britain’s authoritarian turn against protest. https://theconversation.com/just-stop-oils-harsh-sentences-are-the-logical-outcome-of-britains-authoritarian-turn-against-protest-235148; Lizzie Dearden (13/09/21) Government says discrimination against black people and Travellers ‘objectively justified’ with new laws. https://www.independent.co.uk/news/uk/home-news/policing-bill-discrimination-black-travellers-b1919272.html
(6) Cyrine Sinti (19/05/22) ‘Our resistance has not gone away’: activism in the wake of the Policing Bill. https://gal-dem.com/activism-police-crime-courts-bill-protest/. Hayes & Cammiss. Op. cit.; Afrika Speaks with Alkebu-Lan on Galaxy Radio (05/04/21) UK: Institutionally Racist No More? https://www.alkebulan.org/2021/04/05/aswag-326-cred-report/; Harriet Whitehead (06/04/21) Charities criticise ‘frankly disturbing’ Sewell race report. https://www.civilsociety.co.uk/news/charities-hit-back-at-frankly-disturbing-sewell-race-report.html
(7) Olly Sprague (16/04/23) The Public Order Bill: Explained. https://www.amnesty.org.uk/blogs/campaigns-blog/public-order-bill-explained
(8) TK Arun (07/0724) A rightward shift in British politics despite Labour’s massive victory. https://thefederal.com/category/opinion/keir-starmer-labours-victory-proof-of-right-shift-in-uk-politics-131801; Liz Fekete (15/20/24) Working in tandem – the British State, the legacy media and the right to protest. https://irr.org.uk/article/working-in-tandem-the-british-state-the-legacy-media-and-the-right-to-protest/; Robert Stevens (09/11/23) UK government prepares crackdown on political opposition with new “extremism” definition. https://www.wsws.org/en/articles/2023/11/09/mvqs-n09.html
JSO Trial: What does it mean for us?
1) Were the sentences deserved?
2) Will the outcome change the way we organise/protest?
3) Do we need to be concerned about infiltration in our Movement?
4) Are our movements in danger of being labelled “extremist”?
Our Special Guests:
Bro. Ldr. Mbandaka: Resident guest who is Spiritual Leader of the Alkebu-Lan Revivalist Movement and an Afrikan-Centred Education Consultant. Bro. Ldr is a veteran activist of over 40 years standing, a featured columnist in The Whirlwind newspaper and author of Mosiah Daily Affirmations and Education: An African-Centred Approach To Excellence.
Bro. Garry Green KC: is a distinguished and highly sought-after barrister with a stellar criminal defence practice, complemented by public and international law. From homicide to human trafficking, terrorism to fraud. Bro. Garry is regarded as an advocate’s advocate. garnering international recognition. He has profound sense of social justice evident from his commitments including: member of JUSTICES’ working party on tackling disparity in Youth Justice; contributor to Howard Leagues’ guide for anti-racist lawyers; he is a trustee of the Kalisher Trust, Youth Justice League and Urban Synergy. He is extremely proud of his long track record mentoring and advocating for young people. In January 2023 Bro. Garry was was appointed King’s Counsel following his success in the 2022 competition.
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