England: Chilling effect warning over prosecution of Rajiv Menon KC

Mr Menon, who represented Palestine Action activists during a trial arising from a 2024 protest at an Elbit Systems UK arms factory near Bristol, is due to stand trial next week. He is accused of breaching the trial judge’s directions during his closing speech to the jury.

Riel Karmy-Jones KC, chair of the Criminal Bar Association (CBA), said barristers had become “uncertain and scared” about what they could say in court, with some changing their speeches even where no judicial direction had been given.

“We have heard of barristers changing their speeches or being told to change them – including in cases where no direction has been given by a judge. And that really can’t be ignored, because people at the criminal bar have become uncertain and scared of what they can and can’t say; scared that somehow they might be – at the end of a trial where they have faithfully represented their client themselves – facing a charge of criminal contempt.

“It is starting to feel like it’s about the politics of the subject matter of the trial, rather than the core principles of how a barrister represents his client.”

The proceedings stem from a referral by Mr Justice Johnson, later upheld by Mr Justice Nicklin after an earlier referral was quashed on procedural grounds.

Shami Chakrabarti described the judges’ actions as “a terrible, capricious mistake” carried out in “a very chilling manner”. Helena Kennedy KC called the prosecution “another assault upon our justice system … [which] ought to be resisted.

The contempt proceedings allege Mr Menon deliberately breached judicial directions and made remarks capable of suggesting the court was not impartial by referring to Elbit Systems being “protected” and “wined and dined in the corridors of power”.