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  4. Ministers consult on miners' strike pardon criteria

Ministers consult on miners' strike pardon criteria

15th March 2021 | criminal law

Criteria for pardoning miners convicted of certain offences during the 1984-85 strike are the subject of a new Scottish Government consultation.

Ministers are seeking views on how to carry out the recommendation of the independent review into the impact of policing on communities during the strike, under John Scott QC, that legislation should be introduced to pardon miners convicted for certain matters related to the strike, subject to establishing suitable criteria.

The criteria proposed by the review were that the individual in question should:

  • have had no convictions previous to the offence in question;
  • have no subsequent convictions;
  • have been convicted in Scotland for breach of the peace or breach of bail in relation to the strike;
  • have had their case disposed of by a fine.

The consultation contains questions on whether those are the offences that should be eligible for a pardon, whether multiple convictions should be eligible, the significance of prior or subsequent convictions, and the effect of different disposals by the court on conviction.

Justice Secretary Humza Yousaf explained: "I am determined to make swift progress on this matter, given the passage of time since 1984-85. That is why we have acted quickly to publish this consultation now.

"The consultation paper sets out potential criteria – based on the criteria suggested in the independent report – and asks for views. It is important that we have a rationale for the qualifying criteria which is well thought through and informed by a range of views. That is why I encourage anyone with an interest in these important events to take this opportunity to have a say. The responses to the consultation will help shape the legislation that will implement the pardon."

Click here to access the consultation. The deadline for responses is 4 June 2021.

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