Francesca Cociani

Who? Francesca Cociani, a senior associate at London firm Hodge Jones & Allen.

Why is she in the news? Represented Daniel Shaw at Southwark Crown Court for his sentence hearing. Shaw was one of five Just Stop Oil defendants sentenced on 18 July to four and five years’ imprisonment for conspiracy to cause public nuisance. The conspiracy related to a four-day protest on the M25 gantries in November 2022.

Thoughts on the case: ‘The longest custodial sentences for peaceful protest in modern UK history were not handed down in a vacuum: they reflect the growing intolerance towards protest, both within the political and legal landscapes. The public is shocked and is now taking stock of what we have allowed to happen in our supposedly progressive democracy. While the reasons underpinning the protest were ruled out as a defence at trial, including articles 10 and 11 of the European Convention on Human Rights, it is hard to reconcile the defendants’ true intention – persuading the government to cut new fossil fuels licences – with lengthy imprisonment. Notwithstanding the severe disruption caused by this protest, four and five years’ immediate custody are higher than the sentences often imposed for many violent and sexual offenders.’

Dealing with the media: ‘The media have played a key role in amplifying this unprecedented outcome. There has been an almost unanimous reaction of shock and concern at the sentences, unlike the unquestioned condemnation of disruptive tactics used by climate activists that we have become used to. This is not a straightforward topic, so it is valuable to provide the public with more nuance than usual.’  

Why become a lawyer? ‘Even those who have done terrible things don’t deserve to face the full force of the state on their own. This is why I have always wanted to work in criminal defence – being able to make a difference for someone going through such a daunting process will always feel like a privilege.’

Career high: ‘I had a pregnant client who was remanded throughout her pregnancy after pleading guilty to drug offences. Her bail had been refused three times. We finally managed to obtain bail and she was released a few days before Christmas. A month later she gave birth to a healthy baby girl.’

Career low: ‘Representing a young homeless client at the police station who was suffering from alcohol withdrawal. He told me he drank to cope after his family rejected him for being gay. I felt completely powerless in my role as solicitor and wished there were more resources to treat addiction and mental health, rather than their criminalisation.’

Topics