Director of Public Prosecutions v Cathy Eastburn
[2023] EWHC 1063 (Admin)
Debbie Hicks, R (on the application of) v Westminster Magistrates' Court
9 May 2023
[2023] EWHC 1090 (Admin)
High Court
A woman was fined for protesting during the first Covid-19 lockdown. A court decided the fine was fair because it was early in the pandemic, the protest was large, and she didn't take precautions. They also said she should have challenged the fine differently.
Key Facts
- •Debbie Hicks attended a protest in Hyde Park on 16 May 2020, in breach of Covid-19 regulations prohibiting gatherings of more than two people.
- •She was issued a Fixed Penalty Notice (FPN) for £60, which she did not pay, leading to criminal charges.
- •At trial, the District Judge found Ms Hicks guilty, concluding she had no reasonable excuse and imposing a fine.
- •Ms Hicks challenged the conviction and sentence via an application to state a case, which was refused; she then sought judicial review.
- •The High Court considered whether the conviction and/or sentence were vitiated by any error of law.
Legal Principles
The Regulations, although imposing unprecedented restrictions, included a general defence of 'reasonable excuse' for breaches.
R (Dolan) v Secretary of State for Health and Social Care [2020] EWCA Civ 1605
In considering 'reasonable excuse', a fact-specific proportionality assessment is required, balancing individual rights against public health concerns.
DPP v Ziegler [2021] UKSC 23; In Re Abortion Service (Safe Access Zones) (NI) Bill [2022] UKSC 32
Even without prior assessment by the police, the key question is whether their enforcement action and the subsequent conviction were compatible with Convention rights.
R (Begum) v Governors of Denbigh High School [2006] UKHL 15
A challenge to the judge's sentencing decision on financial grounds should be addressed via application to the judge or appeal to the Crown Court, not judicial review.
Sentencing Act 2020 s.127; Magistrates Courts Act 1980 s.108(1)(b)
Outcomes
The claim for judicial review was dismissed.
The High Court found the police action and subsequent conviction were proportionate interferences with Ms Hicks' Convention rights, given the context of the early pandemic and the lack of precautions at the protest. The challenge to the sentencing was deemed inappropriate for judicial review.
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