It was “a dark day”, according to a UN special rapporteur. Others lamented “a gross miscarriage of justice” and “a farce” marking “a low point in British justice”. Such language would not have been hyperbolic had they been talking about the review highlighting the failings that left Andrew Malkinson jailed for 17 years for a crime he didn’t commit. Or a recent travesty of the single justice procedure, the expedited closed-door process that saw a woman dying from stage 4 breast cancer convicted for non-payment of a TV licence. But it was actually referring to the handing down of five- and four-year prison sentences to five Just Stop Oil activists for their role in masterminding four days of serious motorway disruption: if we are to believe them, a grave affront to the right to protest.

There are certainly questions about whether the sentences for their offences are proportionate or appropriate in the context of the wider criminal justice system. But to suggest that freedom of conscience creates an unlimited right to cause other citizens harm is to fail to engage with the nature of their offence. And, more broadly, to misunderstand what it means to live in a democracy where we enjoy a right to noisy protest, but are also bound by obligations to each other that are framed by the rule of law that applies to us all equally.

All five were closely involved with planning the disruption that occurred on four successive days in November 2022, in which Just Stop Oil protesters climbed up gantries around the M25. The judge found they caused over 50,000 hours of delay to road users at a total economic cost of almost £770,000, and a cost of more than £1m to the Met police alone. People missed funerals........

© The Guardian