Chris Packham joins Gaie Delap in legal challenge to government over crackdown on peaceful protests

In a Pre-Action Protocol (PAP) letter sent by lawyers at Leigh Day to the Director of Public Prosecutions (DPP) and the Secretary of State for Justice, the pair have demanded urgent clarification and reform of how section 78 of the PCSCA is being interpreted and enforced. 

Their legal challenge argues that section 78, which criminalises "public nuisance", is so broad and imprecise that it risks criminalising entirely peaceful environmental protests and fails to offer sufficient protection for the rights to freedom of speech and assembly under Articles 10 and 11 of the European Convention on Human Rights (ECHR).  

The case also challenges the lack of guidance for prosecutors and judges, which leaves protesters vulnerable to prosecution without clear legal boundaries and risks ongoing confusion in the courts. 

Chris and Gaie argue that while the legislation provides a “reasonable excuse” defence to public nuisance offences, it does not make express provision for respecting rights to freedom of assembly and freedom of speech. 

The legal letter states: 

“We are concerned that the new reasonable excuse defence does not refer to the rights guaranteed by Article 10 and 11, given that the offence could be used to prosecute non- violent protest... The new offence may have a chilling effect on the right to protest if individuals are dissuaded from protesting because they are unsure whether their non-violent conduct will amount to public nuisance.”   

The legal letter calls on the government to: 

• Clarify how section 78 of the PCSCA will be interpreted in a way that protects the right to peaceful protest. 
• Issue prosecutorial guidance to the courts outlining when prosecutions under section 78 will or will not be brought. 
• Confirm that courts must consider human rights defences (Articles 10 and 11) when protestors are prosecuted. 
• Alternatively, accept that section 78 is incompatible with the Human Rights Act, and amend the law accordingly.  

This latest legal move comes just days after Wild Justice, a campaign group co-founded by Chris Packham, announced it was also challenging Part 3 of the Government’s controversial Planning and Infrastructure Bill, which Wild Justice says threatens to further sideline public participation in environmental decisions. The case, in which Wild Justice is also represented by Leigh Day, argues that the legislation breaches international obligations under the Aarhus Convention by stripping away access to justice and meaningful public involvement in planning processes. 

Gaie Delap, climate and environmental protestor, pleaded guilty to intentionally or recklessly causing public nuisance and was sentenced under section 78 of the PCSCA to 20 months in prison for her participation in a peaceful climate protest in 2022. Gaie took part in a Just Stop Oil protest climbing on to a gantry above the M25 in November 2022 to highlight the government’s decision to green light more than a hundred oil and gas licences.  

Chris and Gaie intend to apply for a judicial review of the Section 78 issue if they do not receive a satisfactory response to their letter.  

Chris and Gaie are represented by Tessa Gregory and Carol Day of law firm Leigh Day. Counsel is Alex Goodman from Landmark Chambers, Margherita Cornaglia from Doughty Street Chambers and Jessica Jones from Matrix Chambers.  

Chris Packham said:  

“This is an attack on the fundamental right to peacefully protest. Peaceful protests have been a cornerstone of every progressive environmental and social movement in history. Yet right now, laws like this are being used to silence dissent and criminalise conscience. Please be very clear - this is about more than climate, it’s about the future of democracy in the UK.”  

Gaie Delap said:  

“Peaceful protests are not a crime. I went to prison for standing up for a liveable planet – something that should be the right of every citizen, not punished with jail time. This law doesn’t just target people like me, it threatens anyone who cares enough to speak out. I took action because I believe we have a moral responsibility to protect the Earth for future generations.” 

Tessa Gregory, human rights partner at Leigh Day, said:  

“Section 78 of the PCSCA is dangerously vague and open to misuse. The absence of clear prosecutorial guidance means individuals face prosecution simply for planning or participating in peaceful protests. Our clients are asking the government to clarify the law, issue guidance, and ensure that these powers are applied in a way that respects fundamental rights.” 

Chris and Gaie are crowdfunding their claim here.