The following briefings are also included in the Resource Pack. Any updates to the briefings since the printing of the Resource Pack are given on the Updates page.
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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.
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.
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.
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.
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.
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.
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.
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.
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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.
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.
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
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
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.
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
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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.
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!
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.
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!
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.
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.
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!