Joseph, Elizabeth

Elizabeth Joseph was convicted in February 2008 at Stratford Magistrates’ Court of obstructing an officer in the execution of his duty, contrary to s47 Terrorism Act 2000, and of assaulting an officer in the execution of his duty, contrary to s89(1) of the Police Act 1996. In total, she received a Community Service Order of 60 hours.

Ms Joseph appealed unsuccessfully to Snaresbrook Crown Court in December 2008. The CCRC received an application for review of the conviction and sentence in August 2009.

The CCRC decided to refer Ms Joseph’s conviction for obstruction, and sentence for assault, in light of new legal argument that had not previously been raised in proceedings.

The conviction referral was based on new legal arguments, including that police officers conducting a search of Ms Joseph’s car were acting outside of the powers granted for this purpose under the Terrorism Act 2000.

In addition, case law had developed since Ms Joseph’s conviction. In Gillan & Quinton v United Kingdom, the powers afforded to police officers by s44 of the Terrorism Act 2000 were held to be in breach of a person’s right to privacy under Article 8 of the European Convention on Human Rights.

Ms Joseph was also convicted of assault. The CCRC decided not to refer that conviction for appeal, but did decide to refer the sentence for appeal.

The sentence was referred on the basis that, if Ms Joseph’s conviction for obstruction was quashed, the court might find it impossible to justify the sentence that she received for the assault conviction.

The CCRC referred the conviction for obstruction in October 2014 but did not refer Ms Joseph conviction for assault.

The Crown Court quashed the conviction in May 2015.