Juliet 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 intended to draw attention to the new developments at the Atomic Weapons Establishment at 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 specifically 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, Juliet 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.

She will also challenge the MoD's interpretation of the legislation to apply beyond the boundaries of the Nuclear Licensed Site.

Other anti-nuclear and anti-war protesters have been prosecuted under s.128 SOCPA at Menwith Hill, the US spy-base; Faslane, from where Trident nuclear submarines are deployed and are still awaiting trial for alleged trespass at Lakenheath, from where US nuclear bombs were recently withdrawn.

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Notes:
[1] Section 12 of the Terrorism Act 2006 amended SOCPA, providing for the offence of criminal trespass at nuclear sites licensed by the Health and Safety Executive, and 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&NavigatedFromSearch=True
For previous arrests at other military sites under 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
[2] Hansard, HC Debates, 3 November 2005, Cols 1028-1029