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The Law Show

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Conversation about the laws making headlines, and the laws that shape everyday life.

The Law Show is your guide to the law and the legal decisions that have a bearing on everyone in the UK.

Weekly conversation that will give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. Whether it's unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.

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The Law Show: Criminal damage defence limited

19/03/2024

Criminal damage defence limited

BBC Radio 4 - The Law Show, Criminal damage defence limited

The Court of Appeal limits the use of a defence used by climate change protesters.

The Court of Appeal rules that those charged with criminal damage for protests like throwing red paint at a building can no longer use a certain defence. And other stories.

Following a Court of Appeal ruling this week about a case referred to the senior judges by the Attorney General, those charged with criminal damage for actions like throwing red paint at a building as a protest, can no longer use a certain defence to be acquitted.  Parliament had intended the defence for different circumstances.  Protesters used to be able to claim that had the owners of the damaged property known of the reasons for the damage, such as to highlight climate change, they'd have agreed to it. The Attorney General, Victoria Prentis KC MP speaks exclusively to Joshua Rozenberg about what this victory means. 

Prisons are almost full, and to help make room, the Justice Secretary Alex Chalk KC MP has announced that prisoners meeting certain criteria can be released up to two months early.  Prison campaigners must be pleased, or are they? Andrea Coomber KC (hon), chief executive of the Howard League for Penal Reform, has a more mixed reaction. 

How are prisons in England and Wales dealing with inmates with severe mental health needs?  Independent Monitoring Boards (IMB), which are often called the eyes and ears of the public in prison, believe that too often prisons rely upon tough segregation units to manage inmates with mental health needs.  IMB volunteers share their observations, and Elisabeth Davies, IMB National Chair, calls for a faster transfer to secure hospital units instead. 

Awaab Ishak was aged just two when he died as a direct result of exposure to mould in the home his family rented from Rochdale Boroughwide Housing.  The coroner issued a Prevention of Future Deaths report as a result, but it was only following a campaign by Awaab's parents and others that the law was changed.  Awaab's Law, as it's being called, will specify the timeframes within which social landlords have to respond to complaints of mould.  We hear from barrister Christian Weaver of Garden Court North, who represented Awaab's family.

Presenter: Joshua Rozenberg 
Producer: Arlene Gregorius
Researcher: Diane Richardson
Editor: Clare Fordham
Production coordinator: Katie Morrison

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