Five Palestine Action activists who broke windows and threw red paint at a Barclays branch will not be sentenced under terrorism charges, a judge ruled today.

Brendon O’Hagan and Mohammed Malik, both 28; Amanda Kelly and Hmeera Atiqnisar, both 31; and Alma Yaniv, 70, were found guilty in June of causing more than £200,000 of damage of the Burnley site after spray painting it red and smashing its windows with hammers in the early hours of 5 August 2024.

Prosecutors had retrospectively requested they be sentenced under terrorism charges, despite not having been charged or convicted under terrorism laws. But ruling at Preston crown court today, Judge Altham said that “while the damage was undoubtedly significant,” he was “not satisfied that it amounted… to ‘serious damage’” under the Terrorism Act 2000. Celebrations broke out among supporters who had gathered outside the court.

During the trial, the defendants argued their actions were part of a wider campaign by Palestine Action against Barclays bank over its investment in Israeli weapons manufacturer Elbit Systems. Barclays divested from Elbit Systems in October 2024.

The five will be sentenced on 4 September.

Speaking to Novara Media immediately after the ruling, Malik said the decision was “a massive relief” after an “emotional rollercoaster”.

“But while this is a victory for us, and shows we can’t be backed into a corner, we must not forget all of the Filton 25,” he said, referring to fellow Palestine Action activists convicted of terrorism offences. “We pray for a positive outcome for them, too, and hope their convictions will be overturned.”

Welcoming the news, Ruth Ehrlich, director of external relations at Liberty, said the process would nevertheless “have a chilling effect on people’s willingness” to protest.

She added that it was particularly concerning that the defendants and jury were unaware that terrorism legislation could be applied after the verdict.

The judge also warned that the same ruling would not necessarily apply to similar actions resulting in criminal damage.

Coinciding with the ruling, as many as 200 people are believed to have taken part in a sit-in outside Preston crown court. The protest, organised by activist group Defend our Judges, resulted in several arrests and people were taken away for holding banners pledging their support for Palestine Action.

The Barclays Five said: “The state is doing everything possible to deter direct action for Palestine precisely because it has been so effective against the Israeli war machine, but we could never regret trying to stop a genocide.”

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