IanFantom
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Joined: 31 Jan 2007
Posts: 296
Location: Halifax, West Yorkshire
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 Posted: Tue Aug 19, 2008 11:11 pm Post subject: SOCPA - First prosecution under terrorism amendment |
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Just received this press release via the free assembly email list freeassembly-owner@lists.riseup.net
This, it is stated, is the first case in the country to be brought under SOCPA s.128 as amended by s.12 of the Terrorism Act 2006 which criminalises trespass on a nuclear licensed site.
| Quote: | *Press Release: Peace-woman to be prosecuted under Anti-Terrorism
legislation. *
18 August 2008
Juliet McBride of Aldermaston Women's Peace Camp (AWPC), will appear
before Newbury Magistrates Court on 20 and 21 August charged with
trespass on a nuclear licensed site under the Serious Organised Crime
and Police Act (SOCPA).
Mrs McBride was sitting quietly on a fence holding a rainbow flag with
the word "peace" on it, when she was arrested on 10 March 2007. Her
action was to draw attention to the new developments at AWE Aldermaston
in the week of the parliamentary vote which approved the development of
a new generation of nuclear submarines from which to launch Trident
missiles. Work on the building of facilities to test, design and build
new warheads for the Trident system had, in advance of the vote, already
commenced at Aldermaston.
The government brought in s.128 of SOCPA 2005 in order to criminalise
trespass on sites designated by the Secretary of State. However, this is
the first case in the country to be brought under s.128 as amended by
s.12 of the Terrorism Act 2006 which criminalises trespass on a nuclear
licensed site. According to the MoD in 2006, the introduction of this
"offence will therefore protect the general public's democratic right to
protest by ensuring that any such protests are conducted in a safe and
controlled environment."
In her defence, Mrs McBride (who despite over 20 years of protest has no
previous convictions at Aldermaston) will assert that the prosecution of
a peaceful protester under this legislation is disproportionate, and
violates the right to freedom of expression.
"Successive governments have shown they are determined to stifle
democratic participation in decision-making about Britain's nuclear
weapons", said Mrs McBride. " This prosecution is yet another strand in
that story..."
She will also challenge the MoD's interpretation of the legislation to
apply beyond the boundaries of the Nuclear Licensed Site. During debate
on the Terrorism Bill, the Minister who introduced the amendment to
SOCPA stated that “there would have to be substantial entry beyond the
fence”and that “the individuals concerned would physically have to go
beyond the fence”.
Other anti-nuclear and anti-war protesters have been prosecuted under
s.128 at Menwith Hill, the US spy-base; Faslane, from where Trident
nuclear submarines are deployed and - still awaiting trial - at
Lakenheath, from where US nuclear bombs were recently withdrawn.
----------------------------------------
For further information contact: Juliet McBride 07841351123 or AWPC on
07887802879
Photograph available: Juliet McBride on the fence at Aldermaston with
the new Gemini office complex, built to house some 1500 new staff, in
the background
Notes for Editors:
[1] Section 12 of the Terrorism Act 2006 amends the Serious Organised
Crime and Police Act 2005 (SOCPA), and provides for the offence of
criminal trespass at nuclear sites licensed by the Health and Safety
Executive, entering into force on 13 April 2006
http://www.opsi.gov.uk/acts/acts2006/ukpga_20060011_en.pdf
According to an MoD press release (3 April 2006) these sites include the
Atomic Weapons Establishment Aldermaston, Atomic Weapons Establishment
Burghfield and Her Majesty's Naval Base Devonport.
http://www.gnn.gov.uk/content/detail.asp?ReleaseID=194233&NewsAreaID=2 &Navigated\
FromSearch=True
<http://www.gnn.gov.uk/content/detail.asp?ReleaseID=194233&NewsAreaID= 2&Navigate\
dFromSearch=True>
For previous arrests at other military sites under the SOCPA, see for
example, "Helen and Sylvia, the new face of terrorism" (Independent, 6
April 2006)http://news.independent.co.uk/uk/legal/article356033.ece
<http://news.independent.co.uk/uk/legal/article356033.ece>
[2] Hansard, HC Debates, 3 November 2005, Cols 1028-1029
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postal: 5 Caledonian Road, London, N1 9DX, Britain
UK m: 07969 739 812
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