Police Scotland and Prosecuting Peace
The Scottish establishment’s response to the legal challenge offered on the proscription of Palestine Action is growing arms and legs. After not following up the Metroplitan police’s very unattractive and illogical behaviours, the arrests in Scotland were made quietly after the action and out of the public gaze. They have now resulted in the Procurator Fiscal’s office issuing CONDITIONAL OFFERS OF A FISCAL FINE. It suggests you can pay £100 and hear no more about it.
If that is an appropriate procedure for dealing with terrorists, something is badly wrong, and if they don’t think we are terrorists, the arrests are uncalled for and inflammatory.
I wonder if it is now time for our elected representatives to take action and for at least some of our MSPs to risk arrest with the people, as they have done previously in the comparatively short history of the Scottish Parliament’s revival.
The Judicial Review (25-27th November) into the lawfulness of the proscription of Palestine Action will hopefully reach its conclusion and find against the legality of the proscription, which is seen by many as undermining the human right to protest in ways that actually halt or delay the behaviours that are the subject of the protesters’ complaints.
The proscription makes terrorism a charge that can be brought against people who write a placard – or wear a tee-shirt, declaring that they oppose genocide, which I hope we all would – and support Palestine Action, (a group that was disbanded at the stroke of midnight before the proscription took effect). Many of us would support Palestine Action, or Action in Palestine, who are/were not members of the organisation, and who are clearly not terrorists.
Defend Our Juries, Quakers, Palestine Solidarity, Lift the Ban, form the campaigners who have been protesting this ban by writing the offending words on a placard in public, and sitting or standing, peacefully and quietly for an hour with the placard on display. Activists and others, in groups or as individuals have been doing this regularly across the UK, with police arrests involving lifting, cuffing and dragging protestors away in England, but public arrest has not featured at the Scottish events.
In Scotland, the police approach has been different, with a small percentage of those of us taking action being visited and arrested at home after the event.
Obviously, this would not be the approach taken if anyone actually thought that we are real terrorists. But the charge is real on a criminal record, and its implications for a young person wishing to train as a teacher or a healthcare professional, or to travel outside the UK are real as well. Just as the ICJ ruling on War Crimes and Genocide are also real, and we do not and should not consent to the UK Government naming protesters as terrorists on one hand, and on the other clandestinely supporting governments in breach of International Humanitarian Law, or ignoring advice from the UN General Secretary or the UN High Commissioner on Human rights.
The Scottish Government and my representatives in the Scottish Parliament have been critical of the UK’s position, and rightly so. In seeking support for common sense, and responsibility I consider that it is maybe time for Members of the Scottish Parliament to be outside Queen Elizabeth House on 29th of November, at 1.00 pm joining in with writing a placard saying ‘I support Palestine Action’.
There is an Instagram post showing the Metropolitan Police force challenging someone wearing a keffiyeh for walking along Whitehall. The perfect example of the absurd and potentially fascist legislation the UK Labour Government is inflicting on people who are only guilty of being outraged and deeply traumatised by the UK Government’s action in complicity with the war criminals causing the suffering and genocide of the Palestinian people.
In September, I was awoken two days after the action by no less than 4 police officers (with two more outside in case I jumped out of the window), who arrested me. I was taken to St Leonard’s police station. At least ten people taking part in the same action had the same experience.
The conditional offers of a fine require that those of us who have received them can pay £100 and get off, or choose to go to court, or do neither, in which case they will assume you have accepted the fine and they will come after you for the money and you will end up with a criminal record. Many of these were offered up by the recipient arrestees in a public conflagration. I have decided to keep mine and think about how to respond.
The movement, Lift the Ban, has inspired over a thousand protesters to take part and presents a legal challenge to the ruling. On the second action at Queen Elizabeth House in Edinburgh, 22nd November, there were no problems or disruptions from police Scotland.
I had hoped that Scottish prosecutors would see sense and that the police will only be present on the next action here on the 29th to look after our civil liberties, and not be wasting time and money on another drone overhead or more inappropriate use of these weird follow-up arrests.
We can remember how before the 2007 election in Scotland MSPs like John Swinney and many others joined protesters on the road at Faslane to support nuclear disarmament and an end to UK nuclear policies which undermine Scotland’s desire to be known for its international contribution to peace and justice. *
Will MSPs risk arrest and join us on the 29th November, a tiny gesture to offer resistance and hope, not only to the Palestinians in the bloody midst of a genocide, but to give some glimmer of hope to all of us about our own human rights, the right to life and also the right to take part in non-violent protest and civil disobedience when the law is an ass? A tiny gesture with very limited impact on their lives. An alternative, a tiny drop in the tsunami of cruel, suicidal and devastating policies that are in contradiction of International Humanitarian Law and that are overwhelming the vulnerable and marginalised people in the world. Let’s have an action of solidarity with human rights that Scotland would be proud to offer. It might even help us to overcome any reluctance we may feel to vote in the Scottish election in the spring.
Note:
BBC NEWS 2004
The once-traditional Easter Monday demo was been resurrected by Scottish CND to coincide with a new anti-Trident campaign. The Scottish march ended at Faslane’s north gate, where activists attached banners with anti-nuclear slogans to fences and gates
Scottish National Party Leader John Swinney and Green MSP Chris Ballance took part.
Mr Swinney said: “I have joined in many protests before at this base but this year we have a situation where we are concerned about the issues of WMD in all sorts of countries.
“It’s dominated the political landscape and was pivotal in terms of the decision to go to war in Iraq.“
And yet here we are, possessing WMDs 15 miles down the road from the largest city in Scotland.
Green MSP Mr Ballance said: “We came here because we care passionately when the Government does something immoral and illegal that ordinary citizens have to do something about”
Scottish Socialist Party MSPs Rosie Kane and Frances Curran and Green MSPs Mark Ballard and Patrick Harvie were among dozens of people taken away.
What about Craig Murray’s challenge in the Scottish Courts? Police Scotland are actually ruled by Westminster, rather than Holyrood, so that may explain their actions. But Scots Law is the responsibility of Holyrood.
I wish Craig well in this. If Scotland merely does as it’s told by Westminster it means the Scottish Government are incapable of standing up for the people they were elected to serve. If it does decriminalise Palestine Action in Scotland, it might even persuade me that there is still some point in voting SNP
https://www.thenational.scot/news/25532647.bid-overturn-palestine-action-ban-scottish-courts-launched/
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Are “Palestine Action” not the group one of whose activists allegedly attacked a police sergeant with a sledgehammer, leaving her unable to drive, shower or dress herself (BBC report, 24 November 2025)? This doesn’t seem like a way of protesting designed to keep attention on the condition of the people in Gaza or the West Bank.
Stephen – you highlight the one incident where someone was hurt by Palestine Action campaign as so many do.
The writer has highlighted that Oalrstine Action are a Direct Action group whose aim is to highlight and prevent the UK government supporting Israel in inflicting genocide on Gaza and breaking international law. PA are breaking the criminal law in UK to prevent UK government break international law.
The people that oppose proscription of Palestine Action do so for a variety of reasons:
1)They support the actions of PA
2)They support the aims of PA
3)They oppose the proscription of PA from a civil liberties viewpoint.
4)They oppose PA because it brings anti terrorism policy into disrepute and loses public support for it.
Opponents of proscription of PA may fall into one or several of these categories and come from a cross section of society.
I personally am annoyed at the people who attacked police with sledgehammer but those people should be dealt with under criminal law as any other person would.
There is no evidence that PA are a threat or cause of concern, let alone terror, to the British public. This is the first time that the Terrorism Act of 2005 has been used to proscribe a group targeting property and not the public. It is a gross overreach by government that not only devalues the importance of genuine terrorism (ie a threat to the safety of public) but is nakedly political due to a number of factors ranging from strength of Pro Israel lobby to fear of upsetting USA.
The fact that the government not only piggybacked the PA proscription onto the proscription of two other groups who were genuine terrorist threats to public. This was done because government realised they may lose a vote on proscribing PA alone or at least face a massive backbench rebellion. The government followed this up by trying to block the legal challenge to proscription currently going through courts. When they failed to block the challenge the judge who was overseeing this case has suddenly been removed and replaced by a panel of 3 judges two of whom have previous history of being pro government and pro Israel. This is a most unusual series of events and again points to political interference in this case.
Lastly the arrest of thousands of members of the public for peacefully holding up placards or wearing a top with a slogan is unprecedented in UK. The writer points out that most of these protesters are retired primarily because younger people have a lot to lose by being arrested. It does however bring the ridiculousness of this legislation into full view when you see 4 young policeman carrying off a granny for holding up a placard. It is also an utter waste of police resources at a time when these resources are stretched.
Lastly the UK had a long tradition of Direct Action including Suffragettes, anti- apartheid and nuclear disarmament groups. The actions of all of these groups could be interpreted as terrorism under the 2005 Act. The Suffragettes were more violent and posed a greater risk to public than PA do today yet we have politicians simultaneously saluting the Suffragettes while they proscribe PA and justify the mass arrests of peaceful protestors. They are both hypocrites and bringing antiterrorism legislation and Westminster government into disrepute.
I have omitted to add that during trial some sections of government defence of proscription are being held in private (no doubt under national security catch all) which opponents of proscription have no access to at all.
Historically a government’s judgement on terrorism rests on a spectrum from protecting government to protecting public. The vast majority of proscribed groups are acknowledged to pose a major risk to the public. The proscription of PA is an outlier in that the group poses virtually no risk to general public but a major risk to governments reputation.
Stephen Cowley, whether that is true or not, your comment cannot possibly justify the absurd proscription of Palestine Action, or the arrest of peaceful protesters who object to genocide and especially the complicity in it of the UK Government. Which is now trampling over the independence of the judiciary.
If an individual carried out an attack on a policeman there are plenty of existing laws to charge them with. It says nothing about Palestine Action or the Palestinian cause, or free speech, or the right to protest.
The sheer corruption and betrayal of democracy, human rights and the rule of law by the UK government is absolutely staggering. We are bought and sold for Israeli gold.
alleged being the key word in that
You may get a chance to see the (leaked) footage. Sledgehammer is a predictable thing to bring to a break in if you are wanting to damage equipment and machinery.
Security guards and cops bring tasers and blinding pepper srays amongst other things
Yes, we should be looking at systemic maldevelopment, although this goes to constitutional level and cannot be resolved by elections.
Declassified UK puts it like this:
Gaza reveals how Britain is run, and why we must change it
“The horror of Israel’s genocide exposes the UK’s oligarchic governance system, and implores us to transform our political system”
https://www.declassifieduk.org/gaza-reveals-how-britain-is-run-and-why-we-must-change-it/
The British Empire is based on using open or clandestine force/threat, and deploying draconian secrecy, in pursuit of Great Power Games. This may seem both silly and evil, definitely unhealthy, likely catastrophic for the living planet, but it’s a rotten system overripe for exposure.
Very well said. Scotland is – as far as I can see – still London’s colony where neither democracy nor the rule of law are more than a hollow sham. The poor still have no lawyers. And we are all still being sacrificed to private wealth and power. We are all Palestinians now – there is a complete lack of any accountability in the UK and that includes in Scotland.
I have tried to raise issues on behalf of myself and my community over the last five years but have met an absolute stone wall. All enquiries, requests for information, and complaints are met on all sides with silence, or evasion, or lies, or flat refusal. I have suffered various kinds of criminal abuse but it is nobody’s business to investigate it. When threatened with arrest I was told that no evidence I submitted to the courts would be accepted. Due process is simply not observed, and apparently the authorities at all levels may do as they please. I have tried to raise issues with local councillors, Highland Council staff, including the Chief Executive, MSPs, MPs, Police Scotland, the Ombudsman, Audit Scotland, the Ethical Standards Commission, the Human Rights Commission, other bodies, the legal profession, the sheriff court and the Scottish Government directly. I get absolutely nowhere. I am just told I am vexatious. The police tell me I have no remedy. And those responsible go to quite extraordinary lengths to silence any questioning let alone dissent. Scotland is nevertheless run for private profit at public expense..
In Scotland there is a long tradition of rule by sneaky, underhand methods. The Scottish Government and Parliament are there as agents of Westminster, like a glorified County Council, dependent on it for funding, and with very few real powers. The police and legal profession and the civil service are all crown servants. They all just follow orders but dare not admit it publicly.
I suspect that ‘crown immunity’ is probably responsible for this almost complete lack of accountability, because Charles III rules by ‘Grace of God’ rather than by consent of the governed*, and he can apparently grant immunity to anyone he pleases. Every public servant is supposed to owe allegiance to him personally. And although in theory the Westminster Parliament exercises some oversight in reality it does not. 1649, 1688 are both quietly forgotten because of course the Prime Minister can make full use of the Royal Prerogative when it suits him. And Charles approves everything. The veto isn’t really needed because he is directly involved at every stage in every decision. (As of course is the City of London). Lord Hailsham famously said that Britain is an elective dictatorship. But the elective part doesn’t apply to the monarch, and the Prime Minister holds office on 34% of a vote in which only 59% voted at all.
The head of state and the government. armed forces and police must be subject to the law and to the consent of the governed. All must be equal before the law, and all must have equal access to the law. And democracy is the UK, including in Scotland, is an Orwellian fake.
* In Scotland, although Charles has sworn to uphold the Claim of Right, he actually rules by ‘right’ of military conquest from 1746.