Placard bearer will not face legal action - judge

Trudi Warner held up a placard outside a climate activist trial in 2023

A retired social worker from east London will not face legal action for holding a placard outside a court ahead of a trial of climate protesters, a High Court judge has ruled.

Mr Justice Saini refused the Solicitor General’s request to bring contempt of court proceedings against Trudi Warner, who is from Walthamstow.

She was arrested after she held up a hand-written sign on 27 March 2023 outside Inner London Crown Court ahead of a trial of Insulate Britain activists.

It read: “Jurors you have an absolute right to acquit a defendant according to your conscience.”

‘I just wanted to help’

It was in reference to a plaque inside the Old Bailey following a trial in 1670 where jurors returned a not guilty verdict.

It refers to the the “right of juries” to give their verdict according to their convictions.

Barristers for Ms Warner argued her actions did not constitute an offence and that it was not in the public interest to take legal action against her.

Mr Justice Saini said he would not give the solicitor general permission to pursue proceedings against Ms Warner, as he delivered his judgment at the Royal Courts of Justice on Monday.

He said that Ms Warner “accurately informed potential prospective jurors about one of their legal powers”.

The judge noted that there is a “tension which the law tolerates” between the principle of jury equity – which is the capacity of a jury to return a verdict according to conscience – and their duties in the oaths or affirmations they make, and their obligation to follow judicial directions.

“The proper forum for the Solicitor General to address this concern is Parliament not by way of contempt proceedings,” he said.

“Overall, in my judgment, the claim is based on a mischaracterisation of what Ms Warner did that morning and a failure to recognise that what her placard said outside the court reflects essentially what is regularly read on the Old Bailey plaque by jurors, and what our highest courts recognise as part of our constitutional landscape.”

Ms Warner told the PA news agency she was “relieved”.

She said she was “particularly pleased” that the decision will help others coming up before the courts, before adding: “I just wanted to help.”

Mr Justice Saini said Ms Warner’s conduct does not amount to an “actionable contempt”.

He said: “At no point did Ms Warner assault, threaten, block, accost or impede anyone’s access to the court.”

The judge labelled it “fanciful” to suggest that her conduct fell into a category of contempt which is limited to threatening, intimidatory, abusive conduct, or other forms of harassment.

In written submissions, Aidan Eardley KC, representing the government, said Ms Warner “deliberately targeted” jurors and encouraged them to “approach their task in a particular way”.

Ms Warner’s barristers told the court at the hearing last week that she acted as a “human billboard” to advertise a “vital constitutional, if occasionally used, safeguard against unjust prosecutions”.

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