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Press Releases & Updates 2004
22nd November 2004
Abuse of Attendance Order at Faslane Court
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Today a magistrate in Helensburgh District Court, in spite of her stated intention to keep a peace activist out of prison, has in fact by her decision made a longer prison term inevitable.
Today Sue Brackenbury, from Helensburgh, was appearing before Justice of the Peace Viv Dance for failing to pay three fines. The JP said that prison was inappropriate in this case and instead imposed three 20 hour SAOs, rather than send Sue straight to prison for defaulting on the fines.
Through her solicitor, Clare Ryan, Sue had already made it clear that she would not abide by such an Order. If offenders fail to comply with SAOs the result is a much longer prison sentence than for simply defaulting on the fines.
A Trident Ploughshares spokesperson said: "The best that can be said for JP Dance on this occasion is that she perhaps hoped that Sue might be persuaded to comply with the Order. Sue is adamant that she will refuse on principle to comply. She has done nothing wrong and will not willingly participate in any punishment. The JP is de facto contradicting herself and imposing a longer prison sentence."
Today the same JP also fined Sue £60 for a breach of the peace at the blockade of Faslane on 23rd August.
* NOTE: A Supervised Attendance Order is an Order of a Scottish Criminal Court whereby the person is required to attend a designated place and undertake specified activity for between 10 to 100 hours maximum. It is open to significant variation in interpretation by the local authorities, to whom the oversight of the Orders is delegated, but is generally held to include constructive activities and supervised activities aimed at personal development and rehabilitation. The hours imposed relate to the level of the fine which has not been paid. If the Order is breached a much heavier prison sentence than would have been given for the failure to pay the fine may then be imposed. Under a pilot certain courts due are certified in relation to SAOs and in these courts the judge will have no option but to impose such an Order if an offender defaults on a fine.
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