The High Court has refused the Solicitor General permission to bring proceedings for contempt against Ms Trudi Warner, a retired social worker who on 27 March 2023 stood outside the entrance used by jurors at Inner London Crown Court holding a placard reading “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT ACCORDING TO YOUR CONSCIENCE”.
A trial of climate activists was due to begin that morning. The trial judge had to craft a special direction to the jury, reminding them that only the judge in the case can tell jurors about the way they can approach their task. The trial judge commenced contempt proceedings under Part 48 of the Criminal Procedure rules. Cavanagh J, sitting at the Central Criminal Court, adjourned those proceedings and referred the matter to the Attorney General’s Office.
The Solicitor General contended that Ms Warner’s conduct interfered with the rights of jurors to go to and from court “without let or hindrance” and amounted to an invitation to jurors to break their oaths and acquit defendants regardless of the trial judge’s legal directions. He applied to the High Court under CPR Part 81 for permission to bring proceedings for criminal contempt of court at common law.
On 22 April 2024, Saini J refused permission for the contempt application to be pursued. Among other things, he held that the category of contempt alleged is limited to “threatening, intimidatory, abusive conduct or other forms of harassment (whether physical or verbal)”; that Ms Warner was engaged only in “information sharing”, not instructing, inviting or encouraging jurors to break their oaths; and that any risk arising out of jurors being made aware of the “legal principle of jury equity” had been adequately addressed by the trial judge’s brief legal direction. In these circumstances, there was no reasonable basis for pursuing the proceedings and it was not in the public interest for the Solicitor General to do so.
Aidan Eardley KC represented the Solicitor General, instructed by the Government Legal Department.