Environmental Update (February 2009)

Case Law- The Greenpeace Kingsnorth 6 Case

Protecting property from climate change could amount to a "lawful excuse" if the recent acquittal of 6 Greenpeace activists who painted the chimney of Kingsnorth power station is anything to go by.

Under the Criminal Damage Act 1971, a person has a "lawful excuse" for committing damage to another person's property if they did it:

i) in order to protect other property;

ii) the defendant believed he was in immediate need of protection; and

iii) the defendant honesty believed that the means they adopted were reasonable in all circumstances.

The defendants argued that by occupying and painting the power station they prevented it from emitting 20,000 tonnes of Carbon Dioxide.

Interestingly, the subjective elements of the defendants' beliefs do not have to be justified, just honestly held- the fact that their beliefs were generally accepted to be credible may have added weight to the jury's assessment of the honesty of the belief. 

Although this case does not create a precedent per se, it shows that the 'public' are less willing to accept a lack of action in terms of tackling climate change.

If you have concerns please speak to our Telephone Advice Service on 0800 634 7000 or your Environmental Consultant.