Miners' Strike (Pardons) (Scotland) Act 2022: pardon eligibility - self-assessment guide

Annex B - Pardon Qualifying Criteria – Illustrative Examples

1. James had been employed as a miner in Scotland by the National Coal Board since 1972. In October 1984, James was travelling for the purposes of supporting a picket line when he had an altercation with the family of a working miner about the strike. James was arrested and later convicted at a Scottish court of an offence of breach of the peace. James meets the criteria.

2. Bill had been employed as a miner in England by the National Coal Board since 1978. Bill had travelled to support a picket line in Scotland in August 1984 where he refused to follow an instruction issued by police officers while on that picket line. Bill was arrested and, following trial at a Scottish court, was found to have committed an offence of police obstruction. Bill meets the criteria.

3. Mary was married to Robert who had been employed as a miner by the National Coal Board since 1968. Whilst Mary was participating in a demonstration taking place in her village in support of the strike, she was arrested following an argument with a working miner regarding the strike. Mary was subsequently convicted by a Scottish Court for committing a breach of the peace. Mary meets the criteria.

4. Steven had been employed as a miner in Scotland by the National Coal Board since 1980. Steven had been bailed in June 1984 while awaiting trial for an alleged offence of a breach of the peace as a result of an altercation with police officers on a picket line in May 1984. Steven was then arrested in August 1984 for breaching a bail condition by returning to the picket line. Steven was subsequently convicted of the offence of breach of the peace and the subsequent offence of breach of bail by a Scottish Court. Steven meets the criteria for both convictions.

5. Harry had been employed as a miner in Scotland by the National Coal Board since 1975. Harry was arrested in November 1984 as a result of shouting at working miners who were being transported by bus from a nearby coal mine. At the time of the altercation, Harry was waiting to be collected to travel to a strike related demonstration taking place in another town. Harry was subsequently convicted by a Scottish Court for committing a breach of the peace. Harry meets the criteria.

6. Alan had been employed as a miner in Scotland by the National Coal Board since 1977. Alan had returned to work in October 1984 but was subsequently arrested for a dispute outside his home with his neighbour William who supported the strike. The row related to their contesting views on the strike itself. William had been employed by the National Coal Board until the Summer of 1984 when he was dismissed as a result of being arrested for police obstruction. Both Alan and William were subsequently convicted by a Scottish Court for committing a breach of the peace as result of their altercation. Both Alan and William meet the criteria.

7. Susan was employed as a teacher and participated in a demonstration in support of the strike in January 1985. The demonstration was held in a town in which Susan's brother John lived. John had been employed as a Miner by the National Coal Board until September 1984 when this employment was terminated following John's conviction for assault. Whilst taking part in the demonstration, Susan alongside John were arrested for being involved in a dispute with police officers which led to both being charged with a breach of the peace. John pled guilty and was convicted but Susan was found not guilty following trial. John meets the criteria but only for the conviction of an offence of breach of the peace (assault is not a qualifying offence under the Act). Susan does not meet the criteria as she was not convicted of any offence.