Gaie Delap
| Gaie Delap | |
|---|---|
| Born | 10 January 1947 |
| 💼 Occupation | Retired teacher |
| Known for | Climate activism |
| Criminal penalty | 20 months imprisonment, scheduled termination date 7 April 2025 [lower-alpha 1] |
| Criminal status | Home detention in lieu of incarceration [lower-alpha 2] |
Gaie Delap (born 10 January 1947) is a retired teacher and climate activist from the United Kingdom. Delap took part in a motorway blockade organized by Just Stop Oil on 9 November 2022 and was sentenced to 20 months in prison for public nuisance.[1]
Delap's case came to public attention when service provider Serco/EMS failed to fit an electronic monitoring tag when she was released on home detention curfew and she was sent to HM Prison Eastwood Park to complete her sentence in custody.[2] Serco/EMS subsequently fitted the same tag that had previously been deemed unsuitable and Delap was released on home detention for a second time on 31 January 2025. Delap original sentence was also extended a further 20 days, the timespan used earlier by Serco to unsuccessfully look for an alternative home monitoring solution.[3]
Delap is currently appealing her conviction and sentencing, has begun legal proceedings for judicial review against justice secretary Shabana Mahmood, and is examining litigation under the United Kingdom Equality Act 2010 and the European Convention on Human Rights.[4][5][6]
Delap's sentencing and its delivery have drawn controversy and been widely reported in news outlets such as BBC News and The Guardian [2][7][8] and also covered by foreign language media.[9][10]
Protest activity
M25 motorway blockade
Delap joined the blockade of the London M25 motorway by Just Stop Oil activists on 9 November 2022.[1] At age 75, she was arrested for climbing an overhead gantry and preventing traffic flow.[7] Delap sat on the gantry alongside Paul Bell, a PhD student studying climate science at Exeter University.[11]
Charge and sentence
Delap was charged with the crime of public nuisance and handed a 20 month custodial sentence. The severity of the sentence for a non‑violent protest in the public‑interest has attracted considerable criticism.[2][7][8][12]
Home detention failures
Delap was offered home detention under the United Kingdom home detention curfew scheme and was released on license from HM Prison Peterborough on 18 November 2024.[13] She returned to her home in Bristol in South West England.
Serco/Electronic Monitoring Service (EMS) were, however, unable to fit a suitable monitoring tag to the wrist of the then 77 year old Delap and, since she could not be tagged on her ankle for medical reasons, she was required to go back to prison to complete her sentence.[2][10][13][14] Delap was duly arrested and taken to HM Prison Eastwood Park on 20 December 2024.[13] The operational policies surrounding the use of electronic monitoring for Delap specifically were accorded a formal question and answer in the UK Parliament in January 2025.[15]
Later during January 2025, Delap was told that she would have to serve a further 20 days in prison, the amount of time Serco/EMS had previously spent unsuccessfully trying to find a suitable wristband — this because she was officially "unlawfully at large" during this period, despite remaining in her apartment in Bristol with her bags packed.[3][16] One commentator argued that this constitutes legal double jeopardy — in this case a citizen being punished twice for what was clearly a systemic failure.[3]
Delap was released to home detention for a second time on 31 January 2025 after the previously rejected 15 cm monitoring tag was apparently deemed adequate.[17]
Court of Appeal review
Delap appealed her case before the full bench of the Court of Appeal on 29–30 January 2025.[4] In an unusual move, this judicial process collectively considered four Just Stop Oil actions across 16 defendants.[lower-alpha 3]
Legal and political remedies
Law firm Hodge Jones & Allen, acting for Delap, have taken the first formal step in legal proceedings against justice secretary Shabana Mahmood. A copy of the precursor letter to judicial review, dated 24 January 2025, has been made public and contains timeframes.[18]
On 27 January 2025, the National Women's Justice Coalition published an open letter signed by 22 legal rights and women's support organizations and 2 legal researchers. The letter states we "consider that the recall process has resulted in acute and protracted psychological distress, which amounts to an unlawful violation of Article 3 of the European Convention on Human Rights (the prohibition on inhuman and degrading treatment), as well as violating Article 14 (the prohibition on discrimination)". The signatories also call on the UK government to "launch an inquiry into the systemic failures that have led to this situation, ensuring better coordination between EMS, the probation service, and the prison system to prevent similar injustices in the future".[6]
On 31 January 2025, Jolyon Maugham of the Good Law Project indicated the organization is considering supporting litigation against the Ministry of Justice and Serco under the Equality Act 2010.[5][17] Delap says that she is being "discriminated against as a woman" and the Good Law Project has begun documenting similar fact examples.[19] Crowdfunding for the case commenced in late‑2024.[19]
Carla Denyer MP for Bristol Central has been campaigning on Delap's behalf in relation to both her sentence [20] and the monitoring tag failure.[21]
Quaker‑lead vigils have been held outside the prison housing Delap.[22]
Personal life
Delap is a retired teacher and lives in Montpelier, Bristol, United Kingdom.[23][24] Delap is a practicing Quaker.[25][26]
See also
Notes
References
- ↑ 1.0 1.1 McMenemy, Rachael; PA Media (1 August 2024). "Just Stop Oil activists jailed after M25 blocked". BBC News. London, United Kingdom. Retrieved 2025-01-29.
- ↑ 2.0 2.1 2.2 2.3 Rusbridger, Alan (4 January 2025). "Why is a 77-year-old climate protester being locked up?". Prospect. London, United Kingdom. Retrieved 2025-01-09.
- ↑ 3.0 3.1 3.2 Taylor, Diane (25 January 2025). "Just Stop Oil protester, 78, has jail term extended after no suitable tag found". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2025-01-25.
- ↑ 4.0 4.1 Gayle, Damien (29 January 2025). "Sixteen jailed UK climate activists to appeal against 'unduly harsh' sentences". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2025-01-29.
- ↑ 5.0 5.1 GLP (31 January 2025). "Breaking: Gaie Delap released on curfew, plans to sue Serco". Good Law Project. Sevenoaks, Kent, United Kingdom. Retrieved 2025-02-03.
- ↑ 6.0 6.1 NWJC (27 January 2025). "NWJC joins calls for Justice Secretary to address recall failures". National Women's Justice Coalition. United Kingdom. Retrieved 2025-02-23. Open letter offers a comprehensive summary of the facts and was signed by 22 organizations and 2 legal researchers.
- ↑ 7.0 7.1 7.2 Williams, Zoe (9 January 2025). "This 77-year-old climate activist should never have been jailed – and now faces a Kafkaesque struggle to get out". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2025-01-09.
- ↑ 8.0 8.1 Lucas, Caroline (29 January 2025). "Five years in prison for nonviolent protest: it's plain wrong, and Keir Starmer knows it". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2025-01-29.
- ↑ Barbezat, Eugénie (22 December 2024). "Faute de bracelet électronique à sa taille, la militante écologiste Gaie Delap passera les fêtes en prison" [Environmental activist Gaie Delap will spend the holidays in prison for lack of an electronic tag]. L'Humanité (in French). Paris, France. Retrieved 2025-02-23.CS1 maint: Unrecognized language (link)
- ↑ 10.0 10.1 dpa (22 December 2024). "Weil ihre Arme zu dünn sind: 77-Jährige muss aus kuriosem Grund ins Gefängnis" [Because her arms are too thin: 77-year-old woman goes to prison for a strange reason]. t-online (in German). Berlin, Germany. Retrieved 2025-01-09.CS1 maint: Unrecognized language (link)
- ↑ Davies, Philippa (6 February 2025). "Protest highlights 'corrupt' jailing of climate activists as they appeal against their sentences". West Country Voices. Newton Abbot, United Kingdom. Retrieved 2025-02-06.
- ↑ "Keeping Gaie Delap in jail is a travesty of justice". The Guardian. London, United Kingdom. 14 January 2025. ISSN 0261-3077. Retrieved 2025-01-25.
- ↑ 13.0 13.1 13.2 Holmes, Jonathan (21 December 2024). "Just Stop Oil campaigner back in jail after ankle tag problem". BBC News. London, United Kingdom. Retrieved 2025-01-29.
- ↑ Taylor, Diane (21 December 2024). "Elderly activist to spend Christmas in prison because tag does not fit". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2024-12-22.
- ↑
UK Parliament (January 2025). "Written questions and answers: Gaie Delap — Question for Ministry of Justice — UIN 24958 — tabled on 20 January 2025". UK Parliament. London, United Kingdom. Retrieved 2025-02-24.
Question: To ask the Secretary of State for Justice, what assessment she has made of the implications for her policies of the case of Gaie Delap.
Asked by Ian Byrne on 20 January 2025. Answered in writing by Nicholas Dakin on 28 January 2025. - ↑ Anon (25 January 2025). "Failure of the state adds 20 days to Gaie Delap's sentence — Case update". Good Law Project. Sevenoaks, Kent, United Kingdom. Retrieved 2025-01-28.
- ↑ 17.0 17.1 Taylor, Diane (31 January 2025). "Just Stop Oil protester, 78, released to home detention after fitting tag found". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2025-02-03.
- ↑
Anon (24 January 2025). Gaie Delap xxxx license revocation pursuant to s.255(1) Criminal Justice Act 2003 Pre-action protocol letter before claim. London, United Kingdom: Hodge Jones & Allen Solicitors. Retrieved 2025-01-30. Search this book on
Anonymized copy.
- ↑ 19.0 19.1 Cork, Tristan (23 December 2024). "Jailed Bristol grandmother says she's being 'discriminated against'". Bristol Live. Bristol, United Kingdom. Retrieved 2025-02-13.
- ↑ Gayle, Damien (22 August 2024). "Jail term for climate protester, 77, is disproportionate, says Carla Denyer". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 2025-02-04.
- ↑ JSO (21 December 2024). 77-year-old Gaie Delap recalled to prison. United Kingdom: Just Stop Oil. Retrieved 2025-02-03. YouTube of duration 00:03:42. See 00:01:05 for Carla Denyer speaking.
- ↑ JSO Press (10 January 2025). "Gaie Delap's birthday — Statement from her family and friends". Just Stop Oil. United Kingdom. Retrieved 2025-01-29.
- ↑ Barltrop, Paul; Turnidge, Sarah (10 December 2024). "Protester, 77, faces return to prison due to electronic tag problem". BBC News. London, United Kingdom. Retrieved 2025-01-29.
- ↑ Cork, Tristan (7 January 2025). "Vigil for Bristol granny in prison over tagging scandal". Bristol Live. Bristol, United Kingdom. Retrieved 2025-01-29.
- ↑ Ashworth, Pat (20 December 2024). "Quakers call for protestor to be freed from prison after electronic-tagging failure". Church Times. London, United Kingdom. Retrieved 2025-02-03.
- ↑ Anon (14 January 2025). "Candle-lit vigil for imprisoned Quaker climate activist". Quakers. London, United Kingdom. Retrieved 2025-01-29.
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