Why have workshops in direct action?

Taking direct action for or against something we are concerned about can be a very powerful way of expressing what we think and feel, let alone an effective tool for change. It can, however, be a big and slightly scary step to take for those of us who are first-timers, especially since it can have legal consequences. More experienced activists will hopefully already value preparation and training as a means to prepare yourself and your group, to build up your own self-confidence about the action and to build confidence and trust in each other. The workshops that Faslane 365 offer are there to prepare, empower and facilitate the process towards feeling comfortable and safe while taking action.

If you take part in Faslane 365 you are very likely to get arrested. Even if you are a support person, and arrest is less likely, it is important to be prepared for this. The workshop will deal with this and other fears and concerns - the more you know about the procedures and possible scenarios the safer and more confident you will feel when you take part in Faslane 365!

By actively participating in a workshop we get to know each other, talk about issues we are concerned about in relation to civil resistance, learn more about different tactics of for example blockading safely and effectively, or finding out more about the legal consequences and what happens when we get arrested. You might find that sharing these concerns with other people in a workshop like this will help you find your own ground, trigger you to explore what your boundaries are in terms of direct action and help you to feel better equipped for dealing with the different situations that can occur when you are 'out there' taking action.

Preparation and planning is very often the key to success - also in civil resistance and direct action. A workshop can provide the basic tools for groups to organise and plan their own actions, as well as offering a space for practical skill sharing. The workshops are there for you and your group - they can be tailored to suit your requirements and needs. And don't forget: having fun while preparing and taking action is essential!

What can Faslane 365 offer in terms of workshops?

The Faslane 365 Trainers Network can offer workshops to groups who want to prepare themselves for participating in the year-long blockade. We aim to tailor the workshops so that your specific needs are met in order for the participants to get the most out of the time they put in. Our workshops can run between 3 hours and a day (or possibly two evenings) - depending on what you would like us to cover.

We can help answering practical questions about Faslane and point towards useful sources for further information about civil resistance and direct action. We can also provide participants with handouts relevant to the workshops.

We would like to involve new people as co-facilitators in order to de-centralise the skills and ways of working as much as we possibly can. For this to happen we also offer workshops for people who want to become trainers themselves, providing a wide range of methods and techniques proven useful for facilitators of direct action workshops.

For any enquires about workshops please contact training@faslane365.org.

What do we expect from participants?

We expect the participants to be seriously considering taking part in Faslane 365 in one way or another. This can be done through a variety of ways: by physically taking part in the blockades, functioning as support on the day of action and also in the lead up to your day at the gates, as drivers, media contacts and prop makers - there are so many different ways you can participate and support! And every role is equally important if we are to shut down Faslane, have fun and celebrate hope at the same time!

We expect the groups who would like a workshop in their area to find and book a suitable venue for it, advertise it in their area, make sure that possible participants find their way to the venue, and take care of other practical aspects of the workshop.

We expect the groups to provide us with information about what areas they would like us to focus on in the workshops and how many participants there will be.

We expect the groups to cover the travel costs of the 2 workshop facilitators (or one if they are providing a trained co-facilitator). If there is a need for it, we expect the facilitators to be offered simple accommodation somewhere close to where the workshop will be held.

What can a workshop cover?

These are some of the areas we can provide workshops on / include in a workshop:

• Intro to Faslane 365: what, why, how, when, who, FAQs
• Mobilisation: how to get more people involved
• Support structures: legal support, logistics, accommodation
• Different roles: arrestable roles, supporters
• Buddy system: the importance of looking after each other
• Personal preparation: personal safety, personal reasons, fears and hopes
• Practical stuff: what to bring, how to dress
• Nonviolence: why nonviolence
• Blockading tactics: blockading equipment such as lock-ons and arm tubes, props, practice, creativity!
• Practical skill sharing: what skills do we have within our group, how can we use them?
• Quick decision-making: scenarios, consensus
• Legal briefing: consequences, arrest procedure
• Media work: awareness raising, press releases, interviews, contacts
• Contingency plans: what do we do in case....?
• Further training needs: on regional basis, providing workshops in specific fields like legal support, media etc.
• Police liaison: how, why, liaison person
• How to use the Faslane 365 website

If there are additional requirements other than those you can find in the list above please don't hesitate to contact us and we will see what we can do. We might need some time to prepare, so please let us know well in advance.

Training for Trainers weekend 28-29 April 2007

Over the past few months many 365-participants have expressed an interest in facilitation and how to run NVDA workshops in their own areas or groups. That's why we are offering a weekend of training for trainers, facilitated by experienced folk from Seeds For Change.

This will be a 2-day workshop in a Glasgow venue. Accommodation will be provided from Friday night and we suggest people arrive on Friday if possible. The workshop itself will start at 10:00 sharp (gather from 09:30) on Sat 28 April and will finish by 18:00 on Sun 29 April.

Please bring a sleeping bag and a mat - if you don't fancy sleeping on the floor then let us know and we will try to organise something more comfortable. Vegan and vegetarian food available. If there is interest and energy we will end the weekend with an action at a nearby navy establishment.

For more information and bookings, please email training at faslane365 dot org or call 0845 4588 365 and let us know if you are coming! This is a free event but donations most welcome - especially to our facilitators!

You can download an A4 poster or A5 leaflet advertising this event. (Both are in PDF format, if you have problems viewing PDFs then see here for help.)

Resources for Meetings & Trainings

The following resources are available to assist in mobilising for Faslane 365. They are all available as PDFs or as Open Document Text files or MS Word files

Alternatively, you can download everything on this page as a .tar.bz2 file (222k) or as a zip file (300k)

Update: April 07

Welcome to the latest update from Faslane 365. I'm sorry that this comes on the same day as the Newsletter, but they contain somewhat different information and go to different groups. PLEASE MAKE SURE YOU SHARE THIS UPDATE WITH THE REST OF YOUR GROUP.

It has been an eventful few weeks: The “biggest” story has been the local protest against our protests, more of which below. We've now had over 100 days of presence and very nearly 700 arrests. There has been a couple more prosecutions ― please read the legal update below.

We have also been getting feedback that people want some form of collective event to end Faslane 365 at the end of September. We are only halfway through, of course, and we are still looking for more groups to sign up ― or groups to sign up for second (or third or ...) slots. Does your group want to do another slot?

That said, we have a proposal for a couple of events to look at where we go after Faslane 365 and for a celebratory combined blockade on October 1st. However, we need feedback and input. If we don't get sufficient feedback that people want this, or enough people offering to help make it happen, we won't do it. See below for more.

Also, can we ask that group which is planning to camp get in touch with Jane on coulportcamp at tridentploughshares dot org (not because of the TP camp but because there are some logistical and other issues around camping that we want to make people aware of ― she just happens to be also involved in organising the TP camp!)

*** The Local Situation ***

There have been over 100 days of presence since Faslane 365 started. Many of these have been blockading days. All blockades hold up base traffic but because of the volume of traffic going into the base during the morning rush hour the tailbacks often causes local people to be held up too. Also some groups who have felt that they won’t be able to get into the gateway due to the heavy police presence have blocked the main roads. This holds up a lot of base workers but also has an impact on locals.

The blockade by the German group on 28 March which blocked the main road just south of the peace camp for 3 hours seemed to have brought things to a head locally. So on Monday 2 April a group of local people marched from Garelochhead to protest against us.

We had heard that it was going to happen as there were people going door to door to in Garelochhead telling people about it. The Faslane 365 Steering Group worked out an approach to take. We decided to go to the North gate and be a quiet, respectful presence and if possible take the opportunity to listen to local concerns and explain why we chose to protest the way we do. We reluctantly asked the Clowns not to come to the North gate at that time in Clown costume as we thought the locals might misinterpret that. After a long consensus decision making process the Clowns agreed to this.

On Monday morning we went to our usual spot near the north gate and put up our banners along with some new ones saying “We all want to return to normal, but nuclear weapons are not normal” and “Nuclear weapons are bigger than Argyll and Bute”. About 8am a group of 100 people arrived from Garelochhead. They were pretty quiet but had lots of creative placards. The BBC and some other media were there and both sides did interviews. Gradually the F365 folk started crossing the road and began listening and talking. The conversations were about both the nature of our protests and about nuclear weapons. Clearly the blockades are causing a lot of anger and upset and we knew this would probably happen if the police didn’t do all they could to minimise the effects to through traffic. However, it was very hard to hear about this directly from people. The young folk who had missed days at school and even exams were particularly passionate.

You can read more about the protest and the local concerns in the No Nukes Northants blockade report on the Faslane 365 website at www.faslane365.org/no_nukes_northants_blockade_report.

Although we contacted the school some time ago and asked them to tell us when exams were on we have not heard back from them. From the SQA website we know that Standard Grades and Highers are basically during May and we’ve already contacted blockading groups coming throughout May to ask them to consider blockading after the school buses have passed. School pupils pointed out that the two weeks at the end of April up to the exams were also very important, although others said that every school day counts.

We have since met with the police. We stressed that we cannot represent blockading groups but made clear that as groups come here with the intention of disrupting the ongoing illegal activity at the base they will most certainly continue to blockade at whatever point they are able to effectively do so. We suggested ways in which the policing could be changed to give groups more options of how to effectively disrupt the base without impacting on local people who are not connected to the base. Inspector Gavin Bone from Helensburgh Police Office took careful note of our suggestions and will report back to us next week after he has talked to his senior officers. The kind of things we suggested were; getting the base traffic to go and park up somewhere until the road is clear as has been done before during Big Blockades, allowing groups to go into the gateway to blockade and then deal with them so at least the main road would be clear or even investigating giving locals passes so that blockades could be lifted to let them through and then re-establishing the blockade.

The local newspaper, the Helensburgh Advertiser covered the anti-protest protest. The previous week they had printed 5 questions from local people to Faslane 365 and our responses. See this on the website here.

Feelings are still running high around Faslane. A car drove slowly up and down past the Peace camp on Tuesday night and eventually a bottle was thrown through the windscreen of a van where someone was staying although no one was hurt. Everyone from Faslane 365 and Faslane Peace Camp is staying calm and much discussion is taking place. There are a number of other local initiatives underway to improve dialogue between protesters and local people and we are working to find ways to minimise disruption. If any upcoming blockading group wants to talk things through with the Steering Group please get in touch by phoning 07768 312676 or email info@faslane365.org. However, for now it is clear that the blockades will continue. In spite of what the MOD says the action is having a very disruptive affect on the base. And as no –one can answer us as to what else we can do to put pressure on the Government, non-violently then our strategy still seems valid.

*** Legal Update ***

There are a number of things to feedback on the legal front since the last Update.

As we said in the last update, all 12 of the Coventry group are being prosecuted (they were handed citations instead of warning letters on release). They all pled Not Guilty (by letter) and got trial dates ranging from May 14th to October 17th! The reason why some trials are so far away is because they all asked for an accessible court room. The actual court building in Helensburgh isn’t accessible, so they book a local community hall when they need an accessible court room and this hall isn’t available for six weeks in the summer. We were told by a senior police officer that the reason that Coventry had all been prosecuted was that there was a new policy that people who blocked the road instead of the gates would be prosecuted. However, since then the German group blocked right across the main road south of the Peace Camp for over three hours and were released with warning letters!

Meanwhile we have had our first prosecution to be completed: a member of the peace camp who was prosecuted for their blockade in December. He decided to change his plea to Guilty at the start of the trial and was fined £100.

Since then there has been one more group of prosecutions in rather different circumstances. Eight of the Oxfordshire group had locked on with tubes. The tubes had a bolt in the middle the end of which was covered with old tin can lids. The whole arrangement was covered with plaster. The edges of some of the tin can lids were quite sharp and the police have interpreted it as their being there to make it dangerous for the police to cut them out. They charged five of the eight with Culpable and Reckless Conduct and released them on an Undertaking to come back to court. We don’t yet know what the charge they will actually be prosecuted on is and won’t until their next court date. The other three were charged just with Breach of the Peace and released with warning letters. (We had had a meeting with the police in February where they had expressed concern about a lock-on which had had saw blades in the concrete, but this was quite explicitly on the grounds that they could shatter.) In this case, the police did ask the blockaders if there was anything in the lock-on which could injure them and they, quite truthfully, replied that they didn’t know, as the people actually blockading didn’t know about the construction of the tubes. We don’t yet know if this charge is going to go anywhere --- we clearly hope not. Had they denied that there was anything dangerous in the tube, they would be in a much more difficult position, legally, than not knowing. People should think about the tube and, if they didn’t make it themselves might want to ask what’s in it. You should also be prepared to answer the question about whether it is dangerous. You may wish to respond by giving an idea of the materials in it, rather than an opinion on whether they are dangerous (which depends in large part on the skill of the cutting team).

Clearly it would be a breach of our nonviolence guidelines to put anything in a lock-on which was designed to injure anyone (and we’re sure the Oxfordshire group didn’t). However, it can appear very different to the cutting team halfway through cutting you out. Try to avoid using things with sharp edges. When designing a lock-on try to put yourself in the position of the person cutting you out --- and remember they may not approach from what you consider to be the “top”.

Can we also take this opportunity to ask that the Legal Support Team (or person) within each Blockading Group contact the Legal Working Group on legalworkinggroup@faslane365.org or 07768 312678 at least two weeks before your group comes up.

*** Where Next After Faslane 365? ***

We’re only just halfway through Faslane 365 but a number of people and groups have already been asking what we plan to do to end the project at the end of September and where we will go from there. Given the feedback we have got so far we are proposing the following two events:

A celebration of what we have achieved, taking the form of a blockade of Faslane (what else!), on Monday 1st October. The idea being that as many people or groups as want to who have taken part in Faslane 365 get together for a celebratory ending of the project. The preceding weekend (29th/30th September) would have an element of “Where Next?” discussion (see below) on Saturday afternoon and Sunday morning, some sort of social/storytelling/film showing event on Saturday night and then Sunday afternoon and evening would be action planning for the Monday. This is not set in stone and we want more feedback and, if some sort of event is to happen, we will need people to volunteer to help make it happen.

As well as the "Where Next?" element to the event at the end of September we are considering facilitating a “Where Next?” type event on the last weekend in July. This is because any follow on to Faslane 365 might have to get started before the end of September!! There are many strands within an apparently simple question such as "Where Next?" ― most noticeably "where next for whom?" As we cannot make decisions for other anti-nuclear groups our primary focus would be on "where next for the energy raised by Faslane 365?" There will, inevitably, be consideration of questions such as "where next for anti-nuclear campaigning/direct action in Scotland or in the UK as a whole?" This event would not be restricted to people who had focussed on Faslane 365 and we would welcome input and involvement from other groups. This idea is very much in it’s early stages. The questions as posed above are an attempt to start a discussion, not a description of what the event will actually be. We need feedback on whether people want an event of this sort as early as the end of July? Are there people who want to put significant energy into anti-nuclear direct action beyond Faslane 365 and who want to get together with like-minded people in this fashion? Unless we get feedback that people want this then we won’t organise it!

Please respond to info@faslane365.org or ring 0845 45 88 365 with any feedback or ideas.

That's all for now folks. We're looking forward to another six months of effective blockading and, hopefully, real progress towards a nuclear-free world.

Update: March 2007

We are now into our 6th month of blockading. We have had 59 Blockading Groups covering 83 days of presence. With thousands having taken part now there have been 576 arrests resulting in only 22 prosecutions so far (see Legal Update below). It has been an empowering experience for people with many first time arrests and with lots of groups tackling the organisational and support work with dedication and thus building up useful skills for sustainable civil resistance.

We have another 40 groups booked into the Rota but July and September are very empty at the moment and we have no firm bookings for August although a Japanese group will probably be coming over from Nagasaki at the beginning of August – they have yet to give us a firm date. So please book more dates as and when you can. Keeping up this people power resistance is going to be crucial in the coming months – whichever way the vote in Westminster goes. We cannot afford to relax until our present nuclear weapon system is dismantled.

P.A.System

We have a basic p.a. system with 2 small box speakers and a basic amp which can have 2 microphones plugged into it or a microphone and CD player. It can also be wired to play mp3/ipod via a cd player. We also have a small petrol driven generator to power it if required. Please contact BEN TALLENTS at faslane365-pa at hotmail dot co dot uk with as much notice as possible. If you want to use this system.

Trainers

Anna-Linnea is pleased to announce that we are going to have facilitators from Seeds For Change Lancaster running an NVDA training for trainers over the weekend 28-29 April 2007 in a Glasgow venue, with possibly an action at a nearby establishment the day afterwards. This depends on how folk are feeling after a weekend of concentration but would be a good opportunity to get a first hand experience of all the stuff we are talking about in the training sessions and also, another spanner in the works for the MoD.

A more detailed agenda will be circulated and available on the website soon, but please start spreading the word already now to all those people who have expressed an interest in facilitation during your workshops or people you think might want to join us. This training for trainers will be looking at Faslane 365 specifically but will include lots of stuff which is applicable to general NVDA as well. For more info contact Anna-Linnéa on training at faslane365 dot org or 07788-503761.

Dialogue with Police

Police have reported that some of the concrete lock-ons have had old saw blades embedded in them and that these fracture when being cut through and that a policeman was slightly hurt the other week from the flying pieces. They quite understand our desire to build and experiment with lock-ons that are difficult to get through but wanted us to pass on this information in the hopes that we would only use materials that will not cause damage to the people cutting through them to release us. He also indicated that they would consider more serious charges if saw blades were used in lock-ons in that way again. Regardless of the threat of more serious charges, we feel that this is a reasonable request and in accordance with our guidelines, and that we should try and use other materials.

Inspector Kenny Boyter has moved on to become a Chief Inspector at Campbeltown. He has always been a professional and fair police officer with whom we have been able to liaise in a responsible and helpful manner over many years. We wish him well in his new posting. The officer replacing him is Inspector Gavin Bone. We have met with him once and he seems also to be willing to keep on the constructive dialogue to enable us all to keep the policing and acts of civil resistance against weapons of mass murder as nonviolent and peaceful as we all want it to be. If any groups wish to engage in any personal and direct police liaison work for their blockading group he can be contacted on 01436-633633 or at Gavin.Bone at strathclyde.pnn.police.uk

Legal Update

We have now had 576 arrests for blockading Faslane with 22 of these people facing prosecution. While this is still a very small proportion, it has crept up slightly recently and people are asking why these people were prosecuted.

Some of the prosecutions are down to very specific circumstances. The Captain of the Greenpeace ship for example! Or someone who (allegedly) was planning to blockade with a van with a lock-on attached for the second time in a week. Two people from the Peace Camp are being prosecuted for blocking the main road with concrete barrels ― described by the police as a barricade not a blockade.

You also increase your chance of being taken to court if you personally are arrested for blockading often enough. It seems that the third or fourth time provokes a prosecution. Someone arrested seven times has court cases from the fourth arrest on…….and counting!

There was one group, from Coventry, where all 12 people arrested were released from the police office with citations (the start of a prosecution) instead of warning letters. We have delayed sending out this update to see what happened with the next groups to see if this was a new pattern or not. Since then there have been a couple of prosecutions from the Pensioners block but they had all blockaded a couple of times already and were likely to be prosecuted anyway. The two arrests of Diana and Nick’s block were released early the next morning with no paperwork while the 10 arrests in the Quaker block were released with the usual warning letters. As such, it doesn’t look like a policy of prosecuting everyone. It’s possible that Coventry was a one-off or that it will be less predictable in future, with some groups getting prosecuted and others not, but the warning letters still seem to be widely used.

For anyone who is being prosecuted we have recently added more information to the Legal section of the website about the process and procedure and what it all means. You should get support from your Blockading Group and the Legal Working Group are happy to answer questions. Also, you get all sorts of opportunities for further awareness raising and media work!

If anything changes we will let you know. PLEASE MAKE SURE THE LEGAL SUPPORT TEAM IN YOUR BLOCKADING GROUP CONTACTS THE LEGAL WORKING GROUP AT LEAST A WEEK BEFORE YOU COME UP. If there is any new information we will pass it on to the group through your Legal Team ― it really helps if we have the on-the-day contact numbers for your Legal Team as well if anything comes up at the last minute. If your Legal Support Team has any questions or concerns we can usually help.

Finally, we thought it would be helpful to summarise what the options are for what can happen on release:

Release You From the Police Office With a Warning Letter

This is what has happened to the vast majority of people arrested so far in Faslane 365. The warning letter is from the Procurator Fiscal (PF ― the prosecutor in Scotland) and says he could prosecute you but won’t this time.

Release You From the Police Office With a Citation

A citation is the first step in a prosecution. It sets out what the charge against you is and has a form you can fill in and post back to plead (Not Guilty or Guilty).

Release You From the Police Office With Nothing

You could simply be released and told you will be written to by the PF. You may then receive a warning letter or a citation (or a fixed penalty notice) by post.

Release You From the Police Office With a Fixed Penalty Notice

This is a bit like a speeding ticket in that it’s a fine which, if you pay it, does not lead to a criminal record. If you don’t pay then they will usually send you a citation and prosecute in the usual way. This has only been used for one person so far in Faslane 365.

Ask You to Sign an Undertaking Before Releasing You

This is where the police give you a document to sign before releasing you in which you agree to come back to court on a specified day. Once you have signed it, it becomes an extra offence not to come to court that day. However, you are perfectly entitled to refuse to sign it. The police must still either release you or take you to court on the next working day following the arrest. If you have already been held overnight (to a working day) and are asked to sign an undertaking to an inconvenient date then your best approach is probably to refuse to sign. The police will then either let you go, hold you another couple of hours while they get a citation sent over to give you (this is what has happened with the only person to do this so far) or take you to court that day.

Take You to Court

They can take you to court while still in custody. The court would usually then release you on bail (bail does not involve money in Scotland but does involve conditions ― turning up to court and not committing offences whilst on bail are standard conditions and they could add special conditions such as not to go near Faslane).

Update: January 2007

Congratulations everyone!

We have now completed the 3rd month of blockades at Faslane. 42 Blockading Groups have covered 59 days with a variety of banners, lock-ons, witnessing, singing and poetry (to see each group's reports and pictures go to the Rota on the website (www.faslane365.org) and click on whichever group you are interested in). 429 people have been arrested for blockading during this time, but only 4 will be facing court, as the Procurator Fiscal has decided that the vast majority of us should be free to continue our nonviolent disruption of the unlawful activities at Faslane! See Legal Support Notes below. How long our 'immunity' will last is debatable but we urge you all to make full use of the freedom it gives us to continue blockading.

Policing Costs and Disruption to Locals

According to the Helensburgh Advertiser, who asked a question under the Freedom of Information Act, it cost £1.75 million to police the first month alone! We do not consider that our nonviolent disruption of preparations for mass murder should be policed at all and continue to call upon the police to investigate the crimes going on inside Faslane and to help us put an end to war crime preparations.

There has also been constant reporting in the same local newspaper of discontent about the blockades causing long delays on the road that leads past the base, including school buses and locals trying to get to work, shop or go to the hospital. Not all of the delays have been our responsibility but some undoubtedly have been, as quite a few of the blockades have been very effective at preventing unlawful traffic getting into the base and, while the blockaders are being cut out of their lock-ons, taken down off their tripods, out of huge CND symbols, off their locked bikes, prised from their dancing partners arms, the tailbacks have sometimes reached right back into Helensburgh.

Whilst Blockading Groups presumably are not intending to disrupt the lawful life of the community it is inevitable that the more effective blockades will cause some local people some disruption. The Steering Group have suggested to the police and through them to the base, that the work hours be changed so that the blockades will be finished by the time most local people are on the move to work and school. The 7,000 workers enter through the South and North Gates at Faslane between 6.30a.m. and 8a.m. each week-day morning and between 4.30p.m. and 6p.m. each evening. If the traffic went in at 5.30a.m. in the morning and left at 2p.m. in the afternoon then the disruption to local people not working at the base would be minimal.

However, bearing in mind the number of local people working at the base there is bound to be quite a bit of local discontent. Hopefully, everyone will be able to empathise with the dilemma of workers who have never before considered that their jobs might be criminal and who need to work to support their families. However, it may now be time for a real debate about whether servicing a base whose prime aim is the threat of mass destruction can now be considered a normal or acceptable job and whether any responsible society can permit these 'jobs' to continue. There are many important and worthwhile jobs that could be created with the wasted money that finances the Faslane Naval Base and which could contribute to building a better society rather than destroying it. Anyway, whatever our views on these issues please be aware that some local feelings are running high and that our nonviolence guidelines should enable us all to stay courteous and nonviolent even if confronted with angry locals. So far, groups have faced very little local hostility and we hope that this continues.

The local concerns about children being late or even missing school will obviously increase during the exam period in May. Faslane365 will continue throughout this time but you may want to consider blockading in such a way as to reduce the impact on the school children. The exams last from Monday 30 April to Friday 8 June inclusive although we think that the Helensburgh school doesn’t do any of the subjects in the last week. The school buses pass Faslane around 8.30am and school starts at 8.55am. If you want more information before picking your dates please contact the Steering Group.

Police Meetings

The Faslane 365 Steering Group have continued to have frequent discussions with the Strathclyde and MoD police to discuss issues that have arisen. We have continued to state that we cannot and would not negotiate on behalf of autonomous groups but will pass information back and forth. The Strathclyde and the Mod Police whilst still not recognizing their own role in propping up criminal activities at Faslane and whilst not being willing to confront the State on its breaches of international humanitarian law, nevertheless are appreciative of our commitment to nonviolence and, like us, wish to make sure that no-one gets hurt and that our right to protest is maintained. They have, however, been particularly concerned about blockades being established on the main roads, rather than at the gates, and especially concerned at the 'barricades' as they have termed them (the use of the concrete filled barrel lock-ons, for instance) that took almost 3 hours to clear. We have continued to observe, and feed-back to them, that if Blockading Groups feel they are unable to blockade the actual gates (because of the heavy police presence) then they may well feel entitled to blockade the roads (as close to the gates as they are able to get) in order to disrupt the unlawful activities of the Faslane Base.

Blockading Groups would do well to check on the police presence before they blockade in order to try to keep the blockading as near to the gated entrances to the base as possible rather than just assuming they have no chance of getting to the gates. Please call your Steering Group Liaison person or the Steering Group phone (07768-312676) if you want up-to date information.

Some of the more symbolic blockades (the Clergy and Iona Block or the Power of the Word and Song Block for instance) have been policed in such a way as to allow the blockaders to get to the gate and be there for a little while before being arrested. Those Blockading Groups who have blocked the North and South Gates simultaneously with effective lock-ons are of course the groups that the police have most 'difficulty' with and that we are most delighted with! The police are obviously being subjected to considerable pressure from the base to keep the gates open and from the public to keep the roads unblocked. Our 'confrontation' in its diverse forms is raising the pressure and this is beginning to be felt, not only by the police but also by the base personnel and the politicians. We need to keep the pressure up and if possible raise it whilst keeping calm and nonviolent.

It might be interesting for you to know that the Christmas Crackers Blockading Group were approached by the police to see if they might cancel their blockade and thus allow more police to take time off to be with their families over Xmas. The Group therefore negotiated and reached agreement that if the main North Gate could be closed over the 3 days then they would stay there and not attempt to close the South Gate as well, you can read more about this by looking at the website report on the Christmas Crackers Block.

Safety issues need to be stressed over and over again. Please bear in mind that we do not want anyone to be hurt or to cause any accidents on the roads. Consider having a couple of people, wearing high visibility vests, on each side of the road to slow down traffic and keep watch over the blockaders. Put yourself in the place of the driver and imagine what they are feeling and are able to do, don't just dart out and expect the vehicle to notice you in time to slow down.

Media Coverage

Faslane 365 is starting to attract much more media attention but this could be greatly enhanced by more Blockading Groups taking pictures and getting our their reports on the day of the action, minutes or hours, rather than days, after the action. Try and make sure you have a dedicated press person with a laptop and digital camera who can put out the press releases plus a picture while it is all happening. Do contact local and national media a few days before you arrive to line up radio and TV interviews etc. If you need access to an internet connection then contact the Steering Group to see if they can direct you to one of our local supporters who might be able to let you use their internet connection for an hour or two.

Also note that Faslane 365 has now been made an action topic within UK Indymedia http://www.indymedia.org.uk Anyone can publish their report and photos, video footage etc. to Indymedia and if they tick the box for Faslane, then all the reports will be kept together in one big action topic.

Mobilising for new Blockading Groups

We need your help to find new people and groups to take on a Block in the Blockading Rota. Please talk about your experiences if you have already done a Block and either book another date in the Rota and/or find new groups and encourage them to take responsibility for keeping the blockades going. The Steering Group have provided a structure and support but it is a joint responsibility to keep the Rota going. The impact of civil resistance depends on sustaining it at a great enough pressure for long enough to effect change. We have made a great start but need to sustain the pressure and not give up until we know that Trident will be dismantled and there will be no replacement of WMD. There is a great need for groups to come along in April and May (around the Scottish elections) and then in June and July (to remind the newly elected representatives of their responsibilities under international humanitarian law). If you know of groups who would like to hear about Faslane 365 and you cannot provide a speaker yourself then do pass on the contact details to us so we can find someone to go along. If you can think of magazines and newsletters where we should be inserting our new leaflet then again please let us know.

Secret Dates for the Rota

Numbers in Blockading Groups

As you may have noticed most Blocks have numbered around 40 to 50 people (the smallest was 1 and the largest 90 so far. This is not the 100 we had originally envisaged. We think it is important to continue to aim for 100 plus blockaders and keep the vision but to recognise that each blockading group has its own character, shape and a life of its own. The important thing is to keep the blockades coming, to train more and more people in nonviolent resistance and empower more people to come along. So do not be put off if you can only get a few people to come along – there are plenty of dates left free in the Rota, so please do join in.

Great Gathering of Blockading Groups

Some groups have suggested a big get together event at the end of the year - possibly a weekend event culminating in a Big Blockade - Sat 29th to Sun 30th September for a Conference/Workshops on 'Where now after 365 days of blockading?' and Mon 1st October a Big Blockade! This would be a Celebration and also incorporate action planning on how to build more effective civil resistance (if this is still needed by then!). It is an attractive thought to bring all the groups together to get a feeling of our strength and share ideas and knowledge but it could be a non-blockade in that the police are likely to just close the base for the day like they did for the 1,000 plus people who turned up for the G8 blockade in the summer of 2005. Also, the idea of Faslane 365 is sustainable long-term blockading pressure, not a one-off event, so it would be a shame if people went away thinking that was it!. However, if groups think it is something they want to happen then maybe a few would like to take on the organising of it? Let us know what you think and if you want to help organise it.

Meanwhile, you might like to consider combining the strengths of different groups. Have a look at the blockading group reports on the website and see if there are other groups you feel an affinity with or with whom you would like to combine forces with. Several groups could take on the North and some others the South Gate for instance.......you just need to liaise over when and how, to make sure the blockades complement each other for maximum disruption......if you want advice or contact details let us know.

Please also consider booking another date in the Rota if you have already done your first block. Most groups said they had learnt a lot in their first blockade, so why not put that experience to good use and do another block?

Cards/badges and t-shirts

We have produced a set of 4 cards in colour with envelopes. £2 per pack (inclusive of p&p). The cards have been produced in order to raise awareness of Faslane 365 and to raise funds. The cards are a collage of the different banners that have been brought to the Faslane 365 blockades during the first 2 months (October and November) and also include a photo of one blockade. Each of the 4 cards contains different banners and photos and is blank inside so that they can be used as general greetings cards. We will produce another set as the months go by and maybe by the end of the year we will have a set of 12 different cards. If you want to order some then please contact cards at faslane365 dot org and include your name and address and number of packs required. Make cheques payable to 'Faslane365' and send to Valley Farmhouse, East Runton, Cromer, Norfolk, NR27 9PN. Once your cheque had been received the cards will be mailed to you.

Some Blockading Groups have asked whether we have a t-shirt or badges. We have not had time to do these but if any of you would like to do so then please go ahead and let us know so we can include information in our next update.

Can you support a long-distance runner?

Dr David Kirkland wants to support Faslane 365 and attract media coverage. He is an experienced long distance runner, competing at county standard,and wants to run from the Scottish border to Faslane to lie in front of the gate. He wants people to contact him who might be willing to put him up overnight, lend him a (lightweight) white poppy costume, or help him maximise the publicity. He also wonders if someone might be willing to travel up to Faslane with him to each overnight and rest stop, and then back south with him. He has already booked holiday off work and wants to run sometime between the 20th and 26th of January so if any of you can help him please do contact him on dkirklandone at hotmail dot com

Legal Support Notes

Prosecutions - Three people so far have been released with undertakings to appear at Helensburgh District Court. They all had difficult lock-ons and have now pled not guilty to Breach of the Peace. They were put on bail (a condition of which is to not commit any offence otherwise they could be charged with breach of bail).
One other person has receive a citation to Helensburgh District Court after her fourth arrest since Oct 1st. She can put in a plea by post. Please let us know if you hear anything from the Court so we can keep everyone up to date.

Procurator Fiscal will return all property when not prosecuting – the items removed from blockades which could be potentially used as evidence have been taken to Dumbarton Police Station. We discovered that the Procurator Fiscal had given an instruction to the Productions Officer there to destroy all lock-on material: tubes, clips, D-locks, chains etc. The Faslane 365 Legal Working Group wrote to the PF to explain why he couldn’t just take peoples property and destroy it without even a court case. In fact even after conviction it is only the court that can order that your property should be destroyed, not the PF. We have received a reply from the PF that from now on people will have the opportunity to collect their property if they are not being prosecuted.

Some of you may have already received letters from Thomas Kane, the Productions Officer, about this. We spoke to him this week and he acknowledges that as many people come from some distance away and that there is a two month time limit to collecting property we can simplify things by nominating a couple of local people who can collect items on behalf of others. If you want us to help with this please send the letter you received from the police and an authorisation letter along the lines below to Olivia Agate, 1 up right, 41 East Clyde St, Helensburgh G84 7NY. It would be helpful if you could also let us know how big or heavy the things are and whether you want us to hold on to them for you or if we can recycle them to other blockaders. Obviously some things are pretty useless – like lock-on tubes with holes in so we would prefer you to let the police get rid of those. Small items could be posted to you if you refund the postage. Please contact us as soon as you can so we have time to arrange collection before it’s too late.

If you had things taken and have not heard about them from the police you could write to the Productions Officer at the address below or try phoning on his direct line 01389 822063 (7am – 3pm Monday – Thursday). It seems unlikely that any lock-on material from before 11 November is still there, though banners, costumes etc. might be.

If you have any questions about this then you can contact Jane on the Legal Support Phone 07768-312678 or email her on legalworkinggroup at faslane365 dot org

*****************************************************************
To Thomas Kane
Productions Officer
Strathclyde Police Headquarters
Stirling Road
Dumbarton
G82 3PT

Thank you for the letter informing me that you are releasing my property.

I am unable to collect it myself.

The property I wish to collect consists of:-

I authorise either of the following people to collect it on my behalf :-

Olivia Agate
1 up right, 41 East Clyde St
Helensburgh
G84 7NY

Or

Jane Tallents
Ground floor, 65 Sinclair St
Helensburgh
G84 8TG

Signed

Name Printed

Date

****************************************************************

Legal Briefing for Blockading

Download this briefing (in PDF). If you don't know how to view PDF files see here for help.

In writing this briefing we are building on many years of experience of blockading Faslane. Many hundreds of people have been arrested and many more have taken part without being arrested and for most it has been a positive, even liberating, experience.

While the charges and police behaviour over the years have been relatively predictable, this project is, we hope, an escalation of the effectiveness of these blockades. Faslane 365 grew out of a realisation that the state could cope with - and work around - one-day blockades, however large and effective, and a desire to be un-ignorable. Thus, the state may also change tactic in response, and may use laws or powers that they have not used at Faslane before. We believe that, together, we are strong enough to overcome these issues if they do arise. The Legal Support Working Group will provide information and advice and help facilitate a collective response should anything like this arise.

Legal Support

While direct legal support is, in keeping with the decentralised nature of the project, the responsibility of each Blockading Group, there will also be a Legal Support Working Group who will provide help and advice. We will also help co-ordinate among the people doing legal support from the different blockading groups and provide information as to how the courts are responding to different issues (as much as we can!). If any new legal tactics are tried, we'll keep you informed and provide advice and a communication channel so that we can all deal with it together. The people within your blockading group providing legal support won't need any legal knowledge - it's about making sure they know where you are when arrested, can tell friends/family/work if you want them to, can tell a solicitor if you want one, make sure someone picks you up when you're released, that people come to court with you (if you even get taken to court). We'll provide advice and training as required.

Possible Charges

Remember when reading this that some of what we cover here is worst-case scenarios. It is quite possible that no-one will face anything more serious than Breach of the Peace or Obstructing an Officer in the Course of Their Duty.

Blockading

If you go onto the road at the entrance to the base it is likely that at some stage the police will tell you to move. If you refuse then you may be arrested. Ironically, given the reason why we're doing it, the usual charge is Breach of the Peace! Sometimes the police issue a warning to a whole group of people before moving in to arrest individuals. Our experience from previous blockades at Faslane is that if you stay on the pavement or move there when told to it is unlikely that you will be arrested. This may change if the police or the base get interdicts or similar (see below). The Legal Support Working Group will help keep your legal support team up to date on this.

Breach of the Peace is a common-law offence (which means it's defined by previous court judgments rather than by Act of Parliament). While the offence goes back centuries the leading judgments (High Court rulings which define what BoP means) are fairly recent and tend to involve anti-nuclear protesters who blockaded Faslane! In theory, BoP requires conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. It should be conduct that is genuinely alarming and disturbing, in its context, to any reasonable person ... it is clear that something substantially greater than mere irritation is involved. In practice the courts do usually reckon that this includes peacefully sitting in the road at Faslane and you are likely to be convicted.

However, they may well not prosecute everyone - the courts have a finite capacity. Some people may be offered Fixed Penalty Notices, which are a bit like a speeding fine in that if you pay (they're usually £50) you don't get a criminal record. Some will hear nothing at all. Some will be prosecuted. This can be either in the District Court or in the Sheriff Court (the Procurator Fiscal gets to choose) and usually results in a fine of £50-£100 if you plead guilty or £100-£200 if you plead not guilty. One of the avenues they might take to try and discourage us is to increase the levels of these fines. This could well be challenged, depending on how it is done (we have had fines reduced on appeal before).

There are other offences they could charge us with for blockading - under the Roads (Scotland) Act for example - but they're of a similar level and certainly no harder to defend.

Resisting Arrest / Obstructing an Officer in the Course of Their Duty

If you are locked-on, fail to move when told to, or after arrest, then they may add one of these charges. This may (especially the resisting arrest) be dropped before the case gets to court but it may be prosecuted. Like BoP, these charges cover a huge range of situations and so the theoretical maximum is high but, given the non-violent and accountable nature of these actions, this would be very much towards the trivial end of the spectrum and would usually result in a small fine.

Conspiracy

It is always a possibility that they may decide to act pre-emptively and arrest people they see as organisers on a conspiracy charge. This is potentially a more serious charge but political conspiracy charges are rare for a reason - they usually backfire on the government! The people most at risk of this are the Steering Group. We will make sure that all the Blockading Groups have each others contact details just in case.

Other Offences

Faslane is a Designated Area under section 129 of the Serious Organised Crime and Police Act 2005 (as ammended by the Terrorism Act 2006). This means that it's an offence to be inside the fenceline without lawful authority (and potentially a serious one - the maximum penalty is a year in prison). However, this only applies if you go inside the fenceline. As long as you stay outside the fence, even if you are on MoD land and/or blockading the gates, then you cannot be charged with this. For a more information on this power see the Trident Ploughshares briefing on this new power.

It is also possible that they may decide to use section 14 of the Public Order Act (which allows them to put conditions on assemblies in certain situations). Depending on how it's done there are a number of ways to challenge this. The likely sentence, if convicted, would again be a smallish fine. It could make life more difficult for supporters who wish to be present but not to risk arrest - but if they do impose an s14 they should provide a space in which we are allowed to be. If there were a total ban on assembly imposed then supporters would become potentially arrestable. We will be able to help advise what is likely to be do-able without risking arrest once the terms of the exact order are known. Remember also that the rights to Freedom of Assembly and Freedom of Expression are enshrined in the European Convention on Human Rights and into Scots law via the Scotland Act and Human Rights Act. We may well be able to challenge these orders if they become too restrictive.

It is also possible that either the MoD, the local authority or the police may try and obtain ASBOs or even interdicts. This would be a sign that we were getting somewhere. ASBOs probably wouldn't make a huge difference although it may inconvenience supporters - many of the comments above on s14, etc. apply here as well. An interdict would be a sign of desperation on their part but one, which could require a collective response from all the Blockading Groups but which could be overcome or worked around.

Finally, if there is any "disorder", whether it came from us or not, there is the possibility that they would take the opportunity to try and use more serious public order charges such as Mobbing. This is, essentially, a collective Breach of the Peace but is considered a more serious charge and could result in a jury trial. That said, it is often easier, in this sort of case, to convince a jury of the rightness of your actions than it is a judge.

On the Day

Bust Cards

Make sure you have the phone number of your legal support team and of a solicitor. This may be provided in the form of a Bust Card. It is a good idea to write the numbers on your hand/arm as well.
What do I do when I get released?

If the police can confirm your details and they are satisfied that the action is over you should be given all your property back and released. This can take a long time if there are a lot of people in custody so be prepared for a long wait. Hopefully, there will be someone waiting to meet you outside the police station who will arrange a lift. Please inform your Legal Support team that you are out.
What Happens if I am Held for Court?

If you are charged with a serious offence or your details don't check out or you are already on bail or there is a warrant for your arrest or they've got a new policy to try and put us off you may be held and taken to court the next morning. You can ask a solicitor to represent you or just to give you advice. You will probably be released on standard bail conditions - this means that if you are arrested again whilst on bail they can add an extra charge. Bail does not usually require the payment of money sureties in Scotland. They may want to add extra conditions - such as not to go within a certain distance of Faslane - but should give you the opportunity to argue against them if you want to. Unless you have a history of breaking bail you should get bail for these sorts of charges.
If I am Released from the Police Station will I Hear Any More About It?

The police sometimes release people on an undertaking to come back to court on a specified day within the next few days or weeks. If you are released without signing an undertaking then you may receive a citation (to come to court) or a fixed penalty fine in the post up to a year later.

The Arrest Experience

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What happens after I'm arrested?

The police will take you to a nearby police van. You can choose to walk with them or you can refuse to co-operate and be carried, but this may mean you are given an additional charge of resisting arrest (this is usually dropped if you go to court). At the van the police will ask your name, address and date of birth, they might take a Polaroid photo and you will be charged. You have the right to make a reply, which will be written down. They may ask other questions but you don't have to answer them.

Where will I be taken?

If you are arrested by the MOD police you will be taken into the base and then either released from there or transferred to a civilian police station. If you are arrested by Strathclyde Police you will be taken to a police station, probably in Glasgow. Often men and women are sent to different places.

What happens at the police station?

You will be searched and your possessions taken away. Check your pockets before the action to make sure you do not have anything in them you do not want the police to see and that you do not have your penknife with you. They will also take things like belts so make sure your trousers stay up without them!

If the police ask you to strip for a search (which is rare), ask them why and explain that complaints about previous strip searches have been upheld. If they insist on a strip search it is up to you whether you co-operate, but get the names of the police officers and make a complaint as soon as you are released and let Legal Support know.

The police will ask your details again and whether you want someone told that you are in custody and a solicitor informed as well. Ask them to contact your legal support team. You only really need to see a solicitor if you are being held for court but they can help sort out other problems as well. You have the right to see a lawyer after being arrested. You should have got the name/number of a lawyer from your legal support team before the action (the Legal Working Group can help them find one) - probably on a bust card together with their number.

The police will ask your name, address and date of birth. They will also ask you lots of other questions but you DO NOT have to give them any further information. Tell them if you are vegan or vegetarian or need medication.

If you are ill or injured you have the right to see a doctor and insist on seeing one at the earliest opportunity.

You will then be put in a cell, possibly by yourself or possibly with two or more others. The cell will usually have a gym-type mattress and you should be able to get blankets if you need them (but you might have to ask). Likewise, you should be able to get water when you need it. There is a call button in each cell but they can take a long time to answer so if they come by for any reason take the opportunity to ask then if you need anything. You should get three meals a day (although they may claim you've 'just missed' one so it can only be two, depending on what time you arrive at. They will come by and check up on you periodically and will take you out for fingerprints, to charge you, etc.

The police can photograph and fingerprint you if they wish but records will be destroyed if you are not prosecuted, or if you are eventually acquitted. Strathclyde Police use a new electronic fingerprint machine that is linked to the national computer. You will also have swabs taken from the inside of your cheeks for DNA tests. The police can do this using 'reasonable' force.

If the police can verify your name and address you probably will be released. They check this by sending the local police to the address you have given and asking if you live there or by checking on the electoral roll. However, they may decide that they want to put everyone on bail, so as to be able to impose a condition not to go within a certain distance of Faslane. Alternatively, you may be asked to sign an Undertaking to come back to court on a specified day. This means that if you fail to turn up on that day, they can add an extra charge. They cannot impose any other conditions without taking you to court. You do not have to sign the undertaking, but it may increase the chance that they hold you for court if you don't.

If they do decide to hold you for court, you will be held overnight in a cell at a police station. They have to take you to court the next working day so if you were arrested on a Friday you could be held until Monday. Try and get some sleep - they will come round periodically (every hour or two) to check on you (by opening the little hatch in the door): if you can, then just grunt that you're OK but try not to wake up fully. You will then be woken up very early, given some breakfast and the opportunity to wash at a sink in the corridor and then put into a van to be taken to court. At the court you will be put into a large holding cell before being brought up to the court itself. Assuming you are released on bail, you should be released from the court without having to go back to the police station

Will I be Interviewed?

Possibly. If you've been arrested then you have a right to talk to a solicitor first. Think in advance about what you want to do if you are interviewed and talk it over in your group. You are NOT obliged to answer any questions. If you decide not to answer any questions, then it's best to say No Comment or something similar to every question, even the stuff you've already told them like name and address. Alternatively, you might wish to prepare a statement in advance, saying why you took part, then simply repeat that or say I've nothing further to add to my statement. If you do decide to answer their questions then it's best to

• Try and stick to why you did it, rather than what you did. Remember that you still don't have to answer every question.
• Not mention anyone else or what anyone else did, however seemingly innocent. It's your decision what you say but it's their decision what they say so if you're going to answer only answer about yourself.

What Happens When I'm Released?

You will be taken out of the cell, you may be asked to sign an undertaking, then you will be given your property back. You will be asked to sign to say you've got it all back - check it first! - and then released. Hopefully, someone from your group will meet you. Ring your legal support team and let them know you're out.

Non UK residents

If you live abroad it is more difficult for the police to check your identity. They may want to see proof of ID such as a passport. It may also increase the likelihood of you being held for court. For more information see the Briefing for Internationals

Employment Concerns

Download this briefing (in PDF for printing). If you don't know how to view PDF files see here for help.

A common concern of people getting involved in this type of action is the effect that getting arrested will have on their job. In some circumstances there can be issues here, although many people find it has little or no effect at all.

Job Contracts.

If you have a job and are unsure of the level of support that your colleagues or bosses may give you then it might be a good idea to look at your job contract before you take action to see if there are any clauses stating that a conviction could lead to your dismissal. Bear in mind however, that these clauses usually relate to offences of dishonesty such as theft or fraud, or to offences committed whilst at work, and may well not be applicable to arrests of this sort for nonviolent actions taken in your spare time.

If your bosses are likely to be supportive then talk to them in general terms before you take action so that they are less surprised after it has happened, particularly as you may need to take time off work later to travel to court cases etc. If they are very sympathetic then you might want to ask them to take part with you or to encourage other members of your work team to join in Faslane 365!

Publicity.

While there will be a general aim to get publicity for Faslane 365, it is perfectly okay for participants who don't want to be interviewed or photographed to stay out of the limelight as much as possible. In particular, you might want to consider whether local publicity in which you are shown or named might upset your relationship with your employer. If so, ensure that your group knows that you do not want your name to be given out to the press and that you will not give press interviews. There are some professions, for example solicitors, where an arrest might be treated as 'bringing the profession into disrepute' which in extreme cases might mean that you get struck off and can no longer practice. However, for most people, this kind of penalty would be extremely unlikely, especially if you are with others of the same profession and are making a considered protest on international law and moral grounds. If you do have worries about this then it might be worth checking with your professional body, particularly if they have a confidential phone line.

Job Applications.

The biggest impact of having a conviction might be when you are looking for new employment. If the job you are applying for involves working with children or vulnerable people then you will by law be required to have a Criminal Records Bureau (CRB) check when you apply. The CRB check discloses all convictions (including spent convictions, see later). You can't be employed where these convictions relate to children or vulnerable adults. Otherwise it is at the discretion of the employer whether to hire you, and in such a case it is generally better to explain the arrest yourself. Being involved in Faslane 365 should not affect you working with children and vulnerable adults. However, you should explain to your prospective employer before they have the CRB check done, so that they know the nature and context of your convictions, as if you leave it for them to find out, you may not get the chance to explain later.

For other kinds of work the job application form may have a section asking about previous convictions (see below for info about what you must disclose). If you don't answer honestly and they find out you do have convictions then this would be grounds for your dismissal. If you do tell them make sure you explain what the convictions are for - not simply that it was a conviction for criminal damage, for example, but explaining why you did it, the commitment to nonviolence and prevention of crimes under international law. While many will respond positively to your explanation and decide that your actions show the kind of initiative and responsibility they would welcome in the job, there is of course the risk that they may then decide that you look like trouble!

Spent Convictions.

Bear in mind that the majority of people taking part in Faslane 365 will probably not be brought to court and even if they are, we are assuming that the most likely charges will be minor, such as 'Breach of the Peace' or 'Obstruction' (see legal briefing). Such charges usually result in fines of between £50-£200. Nevertheless, it is as well to be aware of The Spent Convictions and the Rehabilitation of Offenders Act of 1974. This Act specifies that after a certain period of time (depending upon the length of the sentence) any conviction becomes 'spent' and there is no need to disclose the conviction to future employers etc. For example, a fine becomes spent after 5 years regardless of the amount of the fine. There is however a very large category of people for whom convictions can never be spent, including people working in the following professions: doctors; dentists; nurses and midwives; lawyers; opticians; teachers; police officers; and people working with children and vulnerable people. This is why it is important to make sure that any convictions that you do get are recognised by yourselves and others as being matters of conscience proving your ethical responsibility and care for society. Over the years many professional people have taken part in anti-nuclear direct actions and very few if any have suffered in their professions as a result.

If you are a student check with your college/university Student Union whether there are any regulations which getting a conviction might breach. Ask other students at your campus who have convictions what the impact has been, if any. If you think your tutor is likely to be sympathetic, consider telling them about your intended action/conviction, as you may need to miss some course work to go on the action or go to court.

Travel Visas.

Depending on the charges, there are potential difficulties getting visas for some countries, including Australia, New Zealand, or the USA. Where countries have questions on the visa application form about convictions, some only want to know about certain kinds of serious crime or whether time in prison has exceeded a period of, e.g. in the case of the USA, 5 years. The requirement to disclose convictions includes spent convictions unless the country has an Act equivalent to the Rehabilitation of Offenders Act. In most cases it will be possible to answer these questions totally truthfully, since the likely conviction or penalty for a Faslane 365 blockade would be less than the question requires. In other situations it is up to you to decide whether you think that these acts of civil resistance are covered by these questions. We are not aware of many activists having been refused entry to countries on the grounds of their previous convictions but then we do not know how many people filling out their visa forms answer this question fully.

Insurances.

It might also be useful for you to be aware that some insurance firms are now refusing to give insurance cover, be it household, business, car or other types of insurance if you have convictions. However, there are a number of good insurance firms who do cover people when the nature of the convictions is properly explained, and we have even found that the premiums are cheaper. Maybe we should just all change over to these firms and reward them for their understanding!

Legal Briefing for Internationals

Download this briefing as a PDF. If you don't know how to view PDF files see here for help.

This briefing contains additional information for non-UK nationals and residents who might be risking arrest as part of a Faslane 365 blockading group. You should also read the general legal briefing (in the Resource Pack and on www.faslane365.org/legal) - this briefing only covers what is different or extra for internationals.

Who Is An International?

In our experience, the authorities in Scotland treat anyone resident outside the UK as an international, even if they are British citizens. Our experience in the past has been that foreign nationals legally resident in the UK would normally be treated the same as any other UK resident and that deportation is not an issue. However, there has been a fuss recently in the media about "foreign criminals" and the government has said they will be looking at increased use of deportation should foreign nationals be convicted of crimes in the UK. We do not believe that this would apply at this minor a level of offence but we don't know for certain as it has not yet been implemented. Check www.faslane365.org/legal for updates.

How Are Internationals Treated Differently?

In the past, Internationals have often been treated exactly the same as UK residents. On occasion however, there have been differences. One is that sometimes Internationals are more likely to be held for court and released on bail rather than just released from the police office. On occasion they have asked all internationals to sign undertakings, and held those that refused for court the next day.

Should I Carry My Passport?

There is no requirement to carry ID in the UK, even for internationals (although you will need a passport to get in, even from other EU countries). If you don't want to carry your passport on the action then we recommend you make sure someone who is not planning to risk arrest has your passport and that your legal support team know who that is. While it has not been necessary recently, there have been occasions in the past when the police have claimed that they are unable to verify foreign addresses and require proof of ID before releasing internationals.

What If I Don't Understand the Police Officers or Court?

You have a right to an interpreter, either in the Police Office or in Court. This applies even if your English is good enough for everyday use - there is a specific language to legal proceedings and often some strong accents amongst police officers so don't be afraid to ask for an interpreter at any stage - you have the right the to one, so keep asking if necessary. However, it's a good idea to ask as early as possible so that proceedings aren't delayed while they find one.

Will My Embassy Be Informed if I'm Arrested?

You have the right to have your Embassy or Consulate informed that you have been arrested. For some countries, the police will inform them anyway, even if you don't ask while for others they only inform them if you request it. If you need an interpreter, that may be arranged through the Embassy, so they may find out then.

Will I be Arrested/Extradited From Home if I Miss a Court Hearing?

Not for simple blockading - it's not serious enough to make international arrests an option. However, you will end up with a warrant out for you in the UK and so you may be picked up at the port coming back into the UK in the future. If you missed a court hearing then the warrant may eventually be dropped. If you have been convicted and not paid the fine then the warrant may last much longer.

Do I Need a UK "Bail Address"?

Often people with addresses outside the UK will just be released like everyone else. There was a previous blockade where they wanted all Internationals to sign Undertakings, and many chose to give a UK address on arrest so as to avoid this. If it comes to holding people for court and putting them on bail then the Helensburgh court has accepted foreign addresses but the courts sometimes refuse to bail people to a non-UK address.

If you live abroad, it would be a good idea to have a UK address you can use if you need to. It's your decision whether to give it on arrest or to make the point that you've come from abroad by giving your foreign address and hold the UK address in reserve in case you need it for bail.

If you give an address on arrest then they will try to verify it. One way they sometimes do this, with UK addresses, is to ask the local police to go round and ask if you live there, or to telephone the address if you give them a phone number. If you give a UK address, therefore, you need to check with the people who live there to make sure it's OK and that everyone who lives there knows that you live there. Any citations, etc. will get sent to that address so you need to make sure you have a system for getting them sent on to you, if you move.

Legal Briefing for Vehicle Drivers

This briefing covers some of the specific legal issues for drivers of vehicles during Faslane 365.

This briefing can also be downloaded as a PDF file (better for printing). If you don't know how to view PDF files see here for help

Be aware that immediately before an action there can be a lot of emotions and adrenaline sloshing around, even for support people. Think in advance about how you might cope with this: relaxation/concentration techniques, etc. Make sure to get yourself emotionally settled before setting off and be aware of, and plan for, the need to get adequate rest.

Basic Responsibilities

As the driver of a vehicle on a public road:

• You are responsible for making sure everyone in the vehicle wears seatbelts (where they are fitted).

• It is an offence to use a mobile phone while driving (even if stopped at traffic lights, etc.) unless you have a completely hands-free setup).

• You are required to give the police your name, address and date of birth if asked (this only applies to the driver, passengers do not have to provide any information.

You are required to produce on demand:
• Driving licence
• Insurance certificate for the vehicles1
• MOT certificate (if the vehicle is over three years old)

If you don't have these with you2, you may nominate a police station (anywhere in the UK) to take them to. You will be given a form which you must take, with all the documents, to the nominated police station within seven days.

• Several of the roads around Faslane are Clearways, which means you're not supposed to stop. If you're unsure and you stop very briefly then you'll probably just be told to move along. However, if you leave a car parked on the verge on a clearway it might be clamped or towed.

• There is no general power to search a vehicle although there are a range of powers which allow them to do so in certain circumstances. If the police want to search the vehicle ask them what power they are acting under and make a note of it. Be clear about whether you are giving them permission or are just complying with a (claimed) requirement and let your legal support team know afterwards.

• The registered owner of a vehicle is required to tell the police who was driving it at a certain time. Otherwise they may be liable themselves. If they tell the police who was driving then the driver rather than the owner would usually be liable.

Transporting People to Actions

Usually at Faslane, drivers of vehicles transporting people to and from Faslane are not hassled as long as they obey usual road traffic stuff and don't stop where they shouldn't. Note that the police have powers to direct road traffic and failing to comply with such a direction can be an offence. Make sure the group thinks in advance about what they will do if the police prevent you from stopping where you want to. Also make clear in advance what risks you as the driver are prepared to run and what you're not ― and that you expect the group to respect that even in the heat of the moment.

If you stop on the roundabout and people jump out and lock-on then they may be more likely to consider you part of the action and arrest you. If you are arrested then the vehicle will be towed and you will have to pay a release fee (which can be over £150) to get it back.

If they do arrest you then, depending on the circumstances, it could be for stopping where you shouldn't or some other road traffic offence or it could be for aiding and abetting the action itself.

Using Vehicles in Actions

If you use a vehicle as part of an action, for example turning an old vehicle into a lock-on, then you are likely to have the vehicle impounded and probably forfeited. Make sure the vehicle is road standard and has MOT and that you are insured to drive it otherwise the driver will also be charged with driving without insurance/MOT/etc.

Think carefully about how you will get into place. Anything done while driving the vehicle could lead to road traffic charges ― even Dangerous Driving or similar if it involves going anywhere the wrong way or too close to police on the gate. The driver should prepare themselves mentally very carefully and everyone should be aware of the amount of adrenaline around immediately before the action and the need to keep the driver calm and focussed.

Once in place you will be told to move very quickly by the police. Usually, failing to comply with such a direction from the police would be an offence (for the driver). If it is not possible to do so (because the vehicle has been disabled in some way) or not safe to do so (e.g. because there are people locked onto the vehicle from outside) then that should be a defence to such a charge. You would still be charged either with Breach of the Peace or under the Roads (Scotland) Act with blocking the road (likely fines are similar for both).

We do not have much experience of people using vehicles as lock-ons, so we are less certain about the possible charges.

Legal Briefing for Young People

This briefing may also be downloaded as a PDF. If you don't know how to view PDF files see here for help.

While we welcome people of all ages to take part in Faslane 3651, there are some factors which apply particularly to young people which you should consider, and which this briefing aims to cover. You should also read the general Legal Briefing as this only covers areas which are different for young people.

Please check with the Blockading Group (BG) you are planning to come with if they have any special provisions, or concerns, about involving young people.

Juveniles

Anyone aged 16 or over is treated as an adult in Scots Law. Anyone aged under 16 is treated as a Juvenile. Note that if you look under 16 you might be treated as a Juvenile until they can confirm your age.

How Juveniles are Treated if Arrested

There are different rules governing how juveniles are treated if they are arrested. In particular:

• They don't hold juveniles in normal police cells. Although the difference between a cell and the sort of holding room they do use is often minimal, it does mean that a juvenile won't be held in the same cell as adults.
• They will inform your parents that you've been arrested whether you want them to or not.
• They can't interview you without your parents or another "appropriate adult" present.
• They may refuse to release you until your parents come to pick you up. If you are coming to Faslane but your parents are not then you should make sure there is someone else who is coming who can act as a responsible adult. That person should bring a letter from your parents authorising them to pick you up (and your parents should be contactable to confirm this). They don't have to accept this but it helps!
• They could also try to involve the Social Services Department. However, unless there are other factors (such as your parents beinguncontactable or your address unverifiable) there would probably be a limit to their interest.

Are Juveniles Prosecuted?

Juveniles are not prosecuted through the normal court system for minor offences like these. If a juvenile is charged then a report is sent to the Reporter to the Childrens Panel. He then decides whether to report the matter to the Childrens Panel. A Childrens Panel hearing is like a court hearing in some ways but very different in style and approach. The overriding concern of a Childrens Panel should be the interests of the child.

It is therefore unlikely that peaceful, non-violent, accountable and principled actions of this sort would be reported to the Childrens Panel unless you keep doing it several times in quick succession. We have no knowledge of Juveniles being prosecuted for actions at Faslane.

Remember that if you are aged 16 or over you will be treated as an adult and can be prosecuted though the normal court system.

Arrest Process Flow Chart

We have produced a flowchart which describes the arrest procedure.

Unfortunately this is difficult to make into a webpage, but it can be Downloaded as a PDF and printed. If you don't know how to view PDF files see here for help.

Post Arrest Process Flow Chart

We have produced a flowchart which describes the possible options and procedures following release through to the end of the process.

Unfortunately this is difficult to make into a webpage, but it can be Downloaded as a PDF and printed. If you don't know how to view PDF files see here for help.

Stop and Search Briefing

Download this briefing in PDF format for printing. If you don't know how to view PDF files see here for help.

There is no general right for the police to search you. There are exceptions to this where they have grounds for suspecting you personally of certain offences, for example under the Misuse of Drugs legislation, if they have reasonable grounds to suspect you of possession of illegal drugs. The police may search you upon detention or arrest, provided the conditions for detention or arrest are satisfied.

The police may try to get people to co-operate where they have no legal power to compel them to do so. The general advice, if the police seek to search you, is to always demand to know what power they are acting under and whether they have legal authority to compel you to submit to a search, or are asking you to agree to one voluntarily. In the latter case, it's your decision whether to agree or not. You should make a note, at the time, of the numbers of the officers involved and of what power they claim to use. In Scotland, you do not usually get a Stop and Account form, although it doesn't hurt to ask for one.

There are two powers which, if in force, allow the police to search anyone within a specified area without having any particular suspicion of you personally. There is no history of these powers being used at Faslane, and no justification for doing so, and their use could be challenged. These are:

Section 60

Section 60 of the Criminal Justice and Public Order Act 1994 allows a senior police officer to impose an order on an area if he believes that incidents involving serious violence may take place or that persons are carrying dangerous instruments or offensive weapons. If a s60 order is in force then a uniformed police officer may stop and search any person or vehicle (without requiring any suspicion of them) within the specified area for weapons. There is also a power to make people remove masks.

They are only allowed to search for weapons (not read papers, etc. although they may try). You do not have to give your name and address or any other information as part of the section 60. You have a right to a written record of the search although the Scottish police aren't used to giving them out and may refuse at the time.

Since we are committed to nonviolence and not to carry weapons it seems difficult to imagine how a s60 order could be justified and any attempt to impose one could be challenged.

Section 44 (Terrorism Act)

Section 44 of The Terrorism Act 2000 allows a senior police officer, with the consent of the Secretary of State, to impose an order on an area if he considers it expedient for the prevention of acts of terrorism. If a s44 order is in force then a uniformed police officer may stop and search any person or vehicle (without requiring any suspicion of them) within the specified area for articles of a kind which could be used in connection with terrorism.

You do not have to give your name and address or any other information as part of the section 44. You have a right to a written record of the search although the Scottish police aren't used to giving them out and may refuse at the time.

Briefing Pack for Legal Support Teams

This whole pack may be downloaded as a PDF. If you don't know how to view PDF files see here for help.

This pack gives the Legal Support Team for your Blockading Group the basic information and resources they need to set up a legal support framework for your days at Faslane and the follow up. It is just one model of how to do it although it is based on many years of experience both at Faslane and elsewhere. This is not the only way to do it so please mould it to suit your group's plan.

This has been produced by the Faslane 365 Legal Support Working Group. The actual provision of Legal Support to each Blockading Group is that groups responsibility, and we recommend each group to establish within itself a small Legal Support Team to do this. The Legal Support Working Group will provide help and advice, produce briefings such as this and briefings on the laws likely to be used and will be contactable in an emergency for advice.

Feedback is welcome and these briefings may be updated in the light of comments received and of experience. Check www.faslane365.org/legal for updates.

Advice About Solicitors

The Faslane 365 Solicitor is CLARE RYAN 07977 000 312

Clare Ryan will be available for anyone who needs a solicitor and her number can be put on your Bust Cards. If the work load gets too much she will share it with other sympathetic solicitors. If being the contact point gets too much we will contact later groups with another solicitors name and number.

Make sure everyone has read the legal briefing and has thought about in what circumstances they would need a solicitor. Much of the time you really do not need one.

Bust Cards

It is a really good idea to make sure that everyone in your blockading group, whether they intend to risk arrest or not, is carrying a Bust Card.

A Bust Card should list:

• The contact number for your Legal Support Team
• The name and contact number for a solicitor
• A brief summary of your rights if arrested

We have here available a template for a bust card. Feel free to customize it or to do your own. Our template has the basic legal advice on the back and the contact info on the front, so you could use our template for the back but do your own front from scratch. It's a good idea to customize the card (and maybe print on coloured paper/card) so that it doesn't get mixed up with another groups bust cards if you are overlapping with another group.

We provide our template bust card in three formats:

PDF Format

which is the best for printing

OpenDocument Text Format

which can be edited with OpenOffice 2

Word 97 Format

which can be edited with MS Word

For more info on the differnet formats and how to view them see here.

Legal Registration Forms

The way we have done legal support for previous Big Blockades has involved getting everyone to fill in a legal registration form before-hand. This has made life much easier for legal support on the day.

If you choose to go this route, we have provided below a template based on the legal registration form we use, which were developed over some years as the easiest format (we think!)

There are two sections you need to consider altering on the template before using it:

Use of Personal Info

The "Use of Personal Info" section was developed in response to the introduction of the Data Protection Act. And because we agree with the principles behind it!

Basically, we wanted to ask two things: Firstly, can we use the info on the form for providing legal support to that person. Secondly, can we add them to our database and send them mailings about future actions.

Depending on the nature of the Blockading Group, what sort of future, if any, you envisage for it beyond this action, etc. you may wish to rephrase the second question or even remove it entirely. We have tried to phrase it fairly generally in the template so as to fit most groups. We strongly recommend leaving the first question in.

As a minimum, you should insert the name of your blockading group in the appropriate space (on the PDF it's a dotted line) in each of these two questions

Media Support Section

We have usually done legal support from the same office as some of the media support team. They have found it useful if there was a media support section on the registration forms so that they could check for any useful info about arrestees which the arrestees were happy to give to the media. If your media support team will not make use of this section you may wish to remove it.

Downloading the Form

The form can be download in any of three formats below. The PDF is the best if you just want to print the form and fill in the blanks by hand. If you wish to edit the form you need one of the other formats. For more help with different formats and how to view/edit them see here.

Useful Contacts

This page can be downloaded as a PDF (with better layout!). If you don't know how to view PDF files see here for help.

Legal Working Group

Your first port of call for any Legal Support issues should be the Legal Support Team within your Blockading Group. If a Legal Support Team would like advice or support they can contact the Legal Working Group on the number below. For other (non-legal-support) queries which your Blockading Group would like advice or support on please contact the Steering Group.

Solicitor

Courts

Helensburgh District Court

Or the venue that is booked as an accessible court,

Clerk of the Court

Dumbarton Sheriff Court

Procurator Fiscals Office

(for both Dumbarton Sheriff and Helensburgh District Courts)

Police Stations

Helensburgh Police Office

Dumbarton Police Office

Clydebank Police Office

Maryhill Road Police Office

Stewart Street Police Office

London Road Police Office

Baird Street Police Office

Helen Street Police Office (Also known as Govan Police Office)

Greenock Police Office

Ministry Of Defence Police (Faslane)

Switchboard 01436 674321 then press 1 for Faslane

Ask for the Prisoner Processing Centre or MOD Police Duty Officer

(The extension numbers change all the time but do ask for one)

Useful Maps

There are two sets of maps available. One gives maps for Helensburgh District Court and Dumbarton Sheriff Court, which are the two courts which cover Faslane. The other has maps for the Police Offices most likely to be used to hold anyone arrested. These only show the immediate area around the Police Office in question, so we'd advise you to have some form of Glasgow map available to get you from one to the other and to your accommodation, etc.

These sets of maps are only available in PDF. To download them click the relevant link below. If you don't know how to view PDF files see here for help.

Legal Support Spreadsheet

Some Legal Support Teams will find it helpful to use a spreadsheet to organise the information about who has been arrested, etc. as they go along. Some will find it easier to use a big sheet of paper or a clipboard. However, the Legal Working Group would find it very helpful if at some point fairly soon after your group has blockaded you (or someone in your Blockading Group) could fill in one of the template spreadsheets below and email it to us. This will allow us to get an overview of what is happening on the legal front and so better advise the subsequent groups.

Please could you also fill in a Legal Feedback Form.

Those who are using a spreadsheet on the day may find it helpful to start from the templates below, although you may need to add extra columns (if so, please remove them from the version you send us).

The spreadsheet is available in three formats:

• OpenDocument Spreadsheet (for use with OpenOffice 2)
• Excel Document (for use with MS Excel 97/2000/XP)
• Comma Separated Values (which will open with any spreadsheet program but which is missing the footnotes.)

For more help with viewing/editing different file formats see here.

Footnotes

The OpenDocument and Excel format spreadsheets have the footnotes on the second sheet. You can also view the footnotes here.

Legal Feedback Form

The Legal Working Group would like the Legal Support Team in each Blockading Group to complete a short feedback form. This is so that we can have an overview of the legal situation and make the advice given to subsequent groups is as accurate as possible. There is also a spreadsheet we'd like you to get filled in and return to us.

The Feedback Form can be downloaded in any one of the three formats below then either emailed or posted to the Legal Working Group at the address on the form.

If you need help viewing or editing any of the files below, see here.

"Break-Glass Briefings"

The following briefings are available for Legal Support Teams. They cover situations which won't usually arise, hence the title for this section (in case of emergency: break glass).

Fixed Penalty Fines

The Procurator Fiscal (prosecutor in Scotland) sometimes writes to people who have been arrested and says that although there is enough evidence to prosecute they are being 'offered' the opportunity to pay a fixed penalty fine (also called a "fixed penalty notice" or "fiscal fine"). For a charge of Breach of the Peace for blockading Faslane this currently seems to be £50. The attraction is that it is not recorded as a conviction so you don’t get a criminal record (although it is still recorded on your police record).

You have various options:

Write back and tell them you are not paying and why.

This is likely to result in a citation to come to Helensburgh District Court for trial.

Ignore it

This will also probably result in a citation to come to court. The letter says you have 28 days to pay and they might take a while to process it when the time is up so if you want to delay it for a while you could do nothing.

Pay

If for whatever reason you pay this you can still send a letter saying that you do it under protest etc. It goes on your record, but is recorded as NOT being a conviction (as it says in the letter).

You do not have to declare it for jobs, even for jobs in social work etc, which in England/Wales are exempt from the main provisions of the Rehabilitation of Offenders act, meaning that all past convictions and cautions have to be declared. A couple of people have had problems when it has come up on a police computer check. These have been resolved after some letter writing.

It will not be brought up in court if you are subsequently convicted of another offence (past convictions get mentioned in court at the sentencing stage).

Considerations

First of all, we will support you whatever you decide to do. It is your decision and we appreciate it that you joined the action and put yourself in the position of being arrested. Because everyone’s situation is different it is up to you how far you want to take things.

If you don’t pay up and have to come to court it is likely that you will be found guilty and fined up to £200. You will also have the hassle and expense of travelling here and sometimes cases get adjourned several times. You will also get a conviction on your record. That said, we can provide information and advice about how the court works, somewhere to stay when you come here and support in court. You also have the satisfaction of having had your say and there have been some really powerful moments in court. Whatever you say our persistence and strength of feeling is having an effect. The trial will probably be in a small local District Court, a good introduction to the legal system. For those that can manage to come for a trial it keeps the pressure on the system and is an indication of our resolve to get rid of Trident.

If you want to ask any questions please feel free to phone or e-mail us. In any case please let us know what you have decided to do if you have received a fixed penalty and of any further contact from the Procurator Fiscal’s office.

Preparing for Court

This briefing aims to help anyone who is being prosecuted for their participation in a blockade of Faslane to prepare and to explain the process involved. Hopefully you should be supported by your Blockading Group (or the Legal Support Team within the Blockading Group) through this process. The Legal Working Group of Faslane 365 can help them with advice, such as this briefing, and will try to answer any questions.

There is also a flowchart describing the process from arrest to court which is available here

The whole Preparing for Court briefing, including the subsections below, can be downloaded as single PDF. If you have problems viewing PDF files please see here for help.

Procedure in a Scottish District Court

You can download this briefing in PDF format for printing. If you have problems viewing PDFs then see here for help.

The District Court is the local Criminal Court. It is presided over by a Justice of the Peace (JP), who is a local 'respected person', not (usually) a trained lawyer1. The Clerk2 in a District Court is a trained lawyer and will advise the JP as to procedure where necessary (and on other points of law). The Procurator Fiscal (PF) is there to prosecute you. The PF decides which court you go to, what you are charged with and whether you even get tried at all.

Before your trial starts make sure any witnesses you want to call are out of the courtroom. The court officer will show them a room to go to.

If you are representing yourself remember that you have all the same rights to speak as a lawyer would, including the right to object to irrelevant, or speculative questions the PF might ask and to hearsay evidence. The JP should guide you through the procedure and you can stop and ask the JP/Clerk for advice on procedure at any point.

The Order of the Trial.

(Usually if you are defending yourself the JP explains the procedure as you go along. Often the JP, PF and Clerk mutter amongst themselves, you can ask them to speak up. In fact much of the proceedings are difficult to hear from the public section of the court, if you are straining to hear then your supporters also need you to ask people to speak louder)

1. When your name is called you take your seat in the dock. If you are defending yourself and you have a lot of papers you can ask to sit at the lawyers table. Whenever you speak or are being spoken to you have to stand up!
2. The Clerk checks who you are, and that they have the right person in the dock and also that you are still pleading not guilty and whether you have a solicitor. (Sometimes at this point they ask you to sit at the back of the court again, because they were just checking who has turned up)
3. When the trial begins the PF makes a case against you by calling witnesses. S/he asks them about what happened to prove your guilt.
4. After the PF has finished with each witness you (or your solicitor) can ask them questions. If you disagree with anything they have said you should put your version to them or the court may assume you agree. The PF has a second chance to question them after your cross-examination. You can also introduce documents, photos etc. at this stage by asking the witness to comment on them or later as part of your evidence. If they contradict the witnesses version of events you should do it now.
5. When the PF has finished leading all the evidence against you if you feel that it isn’t enough to prove your guilt you (or your solicitor) can put in a submission that there is no case to answer before you give evidence. At this point you don’t talk about what you did but about what the PF and witnesses have said that you did. The court has to decide whether even if everything they said is true, it is enough to find you guilty of what you are charged with. If two witnesses haven’t identified you as being present the JP should dismiss the case. If you think there is evidence against you then just skip this stage.If the JP agrees with you s/he can throw the whole thing out, or s/he can tell the PF to drop some of the charges or even bits of charges! Yes! they can change the wording in the middle of the case!
   

   If the JP thinks there is a case to answer the trial continues.

6. Now its your turn......you (or your solicitor) calls witnesses and introduces evidence in your defence.
7. You can go in the witness box yourself, but don’t have to. If you want the court to hear about the facts of what you did, say, to counter misinformation from the police about your nonviolence, etc. you have to do this from the witness box on oath. You can swear a religious oath, OR you can ask to 'affirm', which goes something like: I truly declare and affirm that the evidence that I give will be the truth, the whole truth and nothing but the truth. (Note: In a Scottish court you are asked to raise your right hand to take the oath. You can object to this if it feels wrong for you, but the JP may insist.) If there are things you want to bring up as part of your defence later you have to submit them as evidence now, e.g. reports, letters, etc. Remember if you go in the witness box, the PF can question you. However, you have the right to speak again after the PF has finished asking questions (you can only refer to things the PF asked about at this stage, but you can put your own version more easily than when answering questions).
8. You can then call your witnesses and ask them questions. After each of your witnesses the PF can question them. After this you can question them again, but only on issues related to the questions the PF asked. (If you give evidence yourself this means you can reply after the PF's questions.)
9. The PF then sums up his/her case.
10. You then sum up your case. Say why you are not guilty and why the PF is wrong.
11. The JP then gives the verdict. (S/he may adjourn for some minutes, hours, or days to consider the evidence!).

If you are found NOT GUILTY you are free to go!

12. If you are found guilty, the clerk passes the JP (and you) a record of your previous convictions. You are asked if you admit to all of them......check they haven’t added some that aren’t yours (there also may be some missing! ― but you don’t have to admit to them).
13. The JP then asks about your circumstances, income etc. You (or your solicitor) can make a statement (called a plea of mitigation). This is your opportunity to explain how the consequences of a heavy penalty might impact on you and any dependants. If you chose you can say it’s irrelevant because you have no intention of paying a fine. You can explain why you took the action that you did.
14. The JP then sentences you.

Where Do I Talk About ... ?

It can sometimes be tricky to work out exactly where to say what in a trial. The general rule is that anything factual must be said in evidence by a witness. This includes introducing documents, photos, etc. Legal argument would be said either in Summing Up or as part of a submission of No Case to Answer. The legal argument can refer to facts established in evidence and can comment of whether one version or another should be believed but can’t introduce new facts.

Of course there are aspects which cross over. For example, the fact that Trident is illegal, while of a legal nature, is something you would have to say in evidence. That this then means you should be acquitted would be a legal argument made in summing up3.

Possible Sentences

Admonishment

You may be admonished, which means that you get a conviction on your record but no penalty.

Fine

For a fine you can pay in weekly instalments or be given a period of time to pay (even if you have said that you are not going to!). You can ask for it to be transferred to your local court.

Prison

They can adjourn for a Social Enquiry Report ― to check if it’s okay to send you to prison. For serious charges or repeat offences they can send you straight to prison.

Community Service

They can also ask for a report to see if a Community Service Order is appropriate. They can only impose this on people living in Scotland who agree to it, and only as an alternative to prison, not to a fine.

Supervised Attendance

Supervised Attendance Orders (a bit like Community Service but they can be given without your agreement) can be imposed on failure to pay a fine but this would be at a later means court.

Deferred Sentence

The court can also defer (put off) sentencing you for up to six months. Sometimes they will defer sentence for you to be of good behaviour. This means that you have to come back on the specified date for sentencing. If, at that time, you haven’t been arrested again (or the PF isn’t aware that you have!) then you will get a much lighter sentence than if you have. Often they will indicate when deferring sentence that if you have "been of good behaviour" they will just admonish you.

Case Law

The most likely charge for blockading Faslane is Breach of the Peace1. This is a Common Law offence, which means it's not in any Act of Parliament but instead is defined by previous court judgments. While these judgments go back hundreds of years, there have been several recently which are the "leading judgments", that is, the modern definition. They all involve activists accused of blockading - the main two both involve actions at Faslane!

Note that the comments below on the cases are from activists with some experience of the Scottish legal system, especially in relation to blockading Faslane, but are not from lawyers.

Smith v Donnelly

This judgment is from 2001. It was a pre-trial legal appeal from a Faslane case, taken on the basis that the definition of Breach of the Peace in Scots Law was so broad and vague that it couldn't comply with the European Convention on Human Rights. While this appeal was technically rejected, in doing so the High Court narrowed the definition somewhat. This is in many ways the defining case for Breach of the Peace these days - although the judgment in Jones v Carnegie would take precedence over this, Smith v Donnelly is a much fuller, more detailed description of Breach of the Peace.

Smith v Donnelly says that what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. They said that something substantially greater than mere irritation is involved and that what is required is conduct which does present as genuinely alarming and disturbing, in its context, to any reasonable person. At first glance, we clearly should be acquitted on this basis, but Helensburgh District Court, at least, will usually convict none the less.

The court did say, in Smith v Donnelly, that it wasn't essential that there was evidence that anyone was actually alarmed, but that if there wasn't such evidence then the conduct must have been flagrant and goes on to say that 'Flagrant' is a strong word and the use of that word points to a standard of conduct which would be alarming or seriously disturbing to any reasonable person in the particular circumstances.

The full judgment is available here.

Jones v Carnegie

This was a case where five separate appeals, from a range of cases, were combined and heard in front of a panel of five High Court Judges (instead of the usual three2) in order to review the law on Breach of the Peace.

Two of the five cases involved blockades of Faslane and Coulport while a third was of an anti-nuclear activist who had interrupted the Scottish Parliament. The other two cases were unrelated.

Despite the fact that this was meant to be a review of the law on Breach of the Peace, the Court in fact did little more than look at each of the five cases separately and pronounce of whether their appeals should be upheld or dismissed. In many ways it is a much less comprehensive review than Smith v Donnelly was and primarily seems to reinforce the judgment from that case.

However, each of the three appeals by anti-nuclear activists was dismissed and there are some relevant comments in there to certain lines of defence.

The full judgment can be found here.

Dyer v Brady

This was an appeal by the Crown against the acquittal of a number of people for blockading a military supply company in Glasgow during the G8. They were acquitted on a No Case to Answer submission on the basis that their conduct had not been sufficiently "Flagrant". The appeal was dismissed (i.e. the acquittal was upheld).

The judgment in this appeal was only given on 6 October 2006 so it is too early to tell what, if any, effect this will have in Helensburgh District Court.

The full judgment can be found here.

Legal Briefing for Internationals

We have added the following paragraph to the Legal Briefing for Internationals (PDF) on 28 September 2006.

Do I Need a UK "Bail Address"?

Often people with addresses outside the UK will just be released like everyone else. There was a previous blockade where they wanted all Internationals to sign Undertakings, and many chose to give a UK address on arrest so as to avoid this. If it comes to holding people for court and putting them on bail then the Helensburgh court has accepted foreign addresses but the courts sometimes refuse to bail people to a non-UK address.

If you live abroad, it would be a good idea to have a UK address you can use if you need to. It's your decision whether to give it on arrest or to make the point that you've come from abroad by giving your foreign address and hold the UK address in reserve in case you need it for bail.

If you give an address on arrest then they will try to verify it. One way they sometimes do this, with UK addresses, is to ask the local police to go round and ask if you live there, or to telephone the address if you give them a phone number. If you give a UK address, therefore, you need to check with the people who live there to make sure it's OK and that everyone who lives there knows that you live there. Any citations, etc. will get sent to that address so you need to make sure you have a system for getting them sent on to you, if you move.

General Legal Briefing for Blockading

A paragraph was added to the Legal Briefing for Blockading (PDF) under "Other Offences" to explain about the new criminal trespass law covering Faslane. This is included in the legal briefing in the second edition of the Resource Pack but was not in the first edition.

We also added an item to the Faslane 365 FAQ to cover this, which is also given here:

What About These New Anti-Terrorist Laws At Faslane?

I've heard that you can now get arrested under the Terrorism Act at Faslane. Is this true?

There are a number of sites around the UK, one of which is Faslane, which are "Designated Areas" under a new power in the Serious Organised Crime and Police Act 2005 (as amended by the Terrorism Act 2006). It is an offence under this to be inside Faslane without lawful authority.

However, this only applies if you go inside the fence. As long as you stay outside the fence this does not apply - even if you are on MoD land and blockading the gates.

For more information on this see http://www.tridentploughshares.org/article1405