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Press Releases & Updates 1999
8th December 1999
Breach Of The Peace Concept Challenged By Peace Activist
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A Trident Ploughshares activist appearing in a Scottish court has claimed
that the charge she faces, Breach of the Peace, is outlawed under the
Scotland Act 1999.
Pamela Smith (42), a peace campaigner and long term member of Faslane Peace
Camp was in Helensburgh District Court defending herself on the charge,
which related to her participation in a blockade of Faslane nuclear
submarine base on February 15th this year. She challenged the charge itself
on the basis that the European Convention on Human Rights, which has been
incorporated into Scottish law as a result of devolution, rules out any
criminal charge which does not specify the limits of acceptable behaviour.
Breach of the Peace, traditionally a catch-all charge, plainly did not
conform.
JP Stirling took this claim seriously and adjourned the case pending a Diet
of Debate on 25th January 2000.
A Trident Ploughshares spokesperson said:
"Scots Law has for too long been used to defend the UK’s criminal nuclear
weapons policy and to harass protesters. With the Gimblett verdict and a
series of challenges from Trident Ploughshares on aspects of the
incorporated Convention on Human Rights this is all set to change."
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