Qualifying conduct
16.The pardon applies to conduct that occurred during the 1984-85 miners’ strike which, for the purposes of the Act, is the period of nationwide industrial action led by the National Union of Mineworkers, which took place across the UK from 12 March 1984 to 3 March 1985 (inclusive).
17.In addition, the conduct must meet one of the conditions set out in subsection (2), (3) or (4) of section 1 of the Act. If the conduct constituted an offence listed in section 3(a) to (c) of the Act (breach of the peace, breach of bail conditions or an offence under section 41(1)(a) of the Police (Scotland) Act 1967), the conduct must meet either condition A (as set out in section 1(2) of the Act) or condition B (as set out in section 1(3) of the Act). If the conduct constituted the offence of theft, the conduct must meet condition C (as set out in section 1(4) of the Act).
18.Condition A applies to conduct that occurred while the qualifying individual was engaged or participating in activity supporting or opposing the miners’ strike. This would include conduct that occurred in the course of an organised picket or demonstration. It would also include informal strike activity, such as an altercation or a disturbance in the community or a spontaneous demonstration.
19.Condition A also applies to conduct that occurred while the qualifying individual was engaged or participating in ancillary activity such as assembling before or after or travelling to or from activity supporting or opposing the miners’ strike. For example, conduct that occurred between qualifying individuals attempting to reach the picket line and police seeking to block them. Another example would be an altercation between qualifying individuals and police in the aftermath of strike activity in the community.
20.Condition B applies to conduct that occurred in response to conduct that meets Condition A. For example, where a qualifying individual responded with general threats or insults to strike-related abusive comments made by another party.
21.Conditions A and B do not cover conduct that occurred for a reason unrelated to the miners’ strike. That means that conduct which just happened to take place at, or on the way to or from, strike activity (but could equally have taken place in another context) would not be covered by the pardon. For example, a conviction of breach of the peace following a personal dispute would not be pardoned.
22.In the context of breach of bail, the conduct which breached the bail condition must itself meet condition A or condition B. An example of conduct that would come within the pardon is a qualifying individual returning to the picket line in defiance of a bail condition prohibiting the qualifying individual from doing so (provided that the other requirements of the pardon are met).
23.Condition C applies to theft committed by a qualifying individual because of economic hardship arising from participation (whether by the qualifying individual or another person) in the miners’ strike.
