
Press Releases & Updates 2000
25th January 2000
JP Rejects Devolution Plea Without Explanation
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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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