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Press Releases & Updates 2000

25th January 2000

JP Rejects Devolution Plea Without Explanation

At Helensburgh District Court today the Justice of the Peace rejected the plea of a peace activist that the charge against her of Breach of the Peace was unlawful.

Peace activist Pamela Smith was one of 49 people arrested last February 16th during a blockade of Faslane nuclear submarine base. When she eventually appeared in court for trial on 8th December last year she gave notice that she wished to raise a devolution issue. The court granted this and the Diet of Debate was held today.

Smith represented herself and argued that the charge of Breach of the Peace is now illegal in that it contravenes the requirement of the European Convention on Human Rights that any criminal charge must be accurately framed so that it specifies the limits of the criminality involved, and that Breach of the Peace is a clear example of a vague and unspecified charge. Smith gave instances from past prosecutions of peace activists to show the inconsistency with which the charge was applied. After consideration JP McPhail rejected her plea. Smith has indicated that she will appeal the ruling.

Pamela Smith said:

"The JP did not explain the reasons for finding there was no devolution issue. That is not good enough. We need to be given reasons for such rulings and I intend to appeal against this decision because Breach of the Peace has been used indiscriminately to silence lawful protest."

70 year-old Joan Meredith, a Trident Ploughshares activist from Alnwick in Northumbria, also appeared in the court today, charged with Breach of the Peace for blocking the South gateway of Faslane Naval Base in May last year. She was found guilty and fined £100.


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