SENTENCING STATEMENTS

On sentencing, Sheriff John N. McCormick said: 

"Stuart Bretherton, Eva Simmons and Calum Lacy, you pled guilty to charge (1) on the indictment.  Erica Hygate you pled guilty to charges (1) and (3) and you, Sumaya Javaid, pled guilty to charges (1), (3) and (4) (as amended) on the indictment.

In terms of the agreed narrative, these offences took place at a commercial site of a global technology business in Glasgow which specialises in defence, digital security, transport and space manufacturing.

There were between 250 and 300 employees within the site which operates twenty four hours a day.

At about 0625 hours on 1 June 2022 police officers observed all of you at the perimeter fence of the locus.  You were, I am advised, dressed in orange/red overalls and some had rucksacks and balaclavas.  Police officers observed you to quickly scale the fence using ladders.  Once over the fence, the ladders were discarded.

Police witnesses requested additional resources. Your activities were principally confined to the roof of the main building.  I was advised that the roof is approximately 30 years old and has designated safety areas which you repeatedly ignored.

I was also advised that one of you attempted to climb onto a derelict water tower and then beckoned the others.  You all then made your way towards access ladders that led to the roof at the rear of the building.

There you unfurled banners and erected flags.  A group of pro-Palestine supporters gathered at a road adjacent to the site from where they showed support for you on the roof. 

Multiple police resources arrived and took up static positions around the building.

At this time Erica Hygate and Sumaya Javaid entered the building via a roof door and caused damage including to parts essential to submarines. 

An internal fire alarm was activated causing evacuation of the premises which in itself caused confusion and panic among staff.

While that evacuation was taking place you set off pyrotechnics including smoke bombs.  Some were thrown into the area from where the staff were evacuating, causing smoke to pool dangerously close to staff members. 

Scottish Fire and Rescue Services attended and searched the building.  Firefighters observed some of you rampaging through the building and noted a number of items being moved or discarded.

During the course of the day you Stuart Bretherton, Eva Simmons and Calum Lacy were seen to move back and forth on the rooftop.  At about 7.45pm Stuart Bretherton, Eva Simmons and Calum Lacy were observed to gather their belongings and stated their intention to climb down via a ladder which was fixed to the building.

Erica Hygate and Sumaya Javaid refused to desist from their protest and remained on the roof overnight into 2 June 2022 while also refusing to engage with police liaison officers.

A specialist access team was deployed.  They began to remove banners, smoke bombs and other items involved in the protest.  During this time you, Erica Hygate and Sumaya Javaid glued your hands to the edge of the roof.  You remained there until police officers were able to de-bond your hands from the roof.  You, Sumaya Javaid were then obstructive and required to be restrained using leg restraints.

The court has to have regard to the fact that this was a major incident, the impact on employees, the cost to the company, the level of resources absorbed and the effect that this had on wider policing and the emergency services.

All of you had refused to engage with the police liaison officers for the entirety of the incident.  Scottish Ambulance Service had to provide paramedics as a precaution.  Police Scotland had to deploy in excess of 20 constables, two sergeants and one inspector to maintain inner and outer cordons.  Officers were deployed over four shifts over two days.

As a result of the protest a decision was made to close the site due to safety concerns.  This caused disruption to the business activities which, I was advised, included matters of national security.

I shall not detail the consequential loss at the locus.  It is sufficient for me to record that the damage and associated costs totalled £1,130,783 excluding the cost to the public purse of police and emergency service personnel and resources.

I have read the terms of the criminal justice social work reports.  Some authors appear not to have grasped the scale of this disturbance, the consequences to employees of the company, the cost to the company and to the public purse.  For example, in one criminal justice social work report it is said that 'the offence is non-violent in nature and was planned as well as intended to cause disruption'.  Throwing pyrotechnics into areas where people are being evacuated could hardly be described as non-violent.  Again, in another report, it is said that she acted 'impulsively' when committing these offences.  It is quite clear from the agreed narrative that the intention was that you, as a group, would act in a planned and co-ordinated manner to gain access to the roof while taking with you flags and pyrotechnics.

This is a particularly difficulty case to sentence. You are each young, intelligent and passionate and have much to contribute to society. This court expresses no view on the legitimacy of your protest. Everyone has the right to lawful protest. However, this episode was planned and implemented to go well beyond lawful protest. In the reports you express varying levels of regret at the extent and consequences of your actions on 1^st and 2^nd June 2022.  I give weight to that.

However, the gravity and consequences of the charges to which you have pleaded guilty are such that there is no appropriate alternative to a custodial sentence.  I take into account the reports which I have read, that you are young people motivated to protest and all that has been said on your behalf. 

I take into account that four of you have no prior convictions and that you offered to plead guilty at an early stage.  I have had regard to the terms of Section 204 of the Criminal Procedure (Scotland) Act 1995. 

That said the court cannot ignore the hazard you posed to yourselves and to others, the alarm to staff, the cost to the company and to the public purse and that it has to send a signal that such unlawful and reckless actions will attract custodial sentences where appropriate.

I will temper those sentences in light of the mitigating factors outlined above, in the reports and in the pleas in mitigation.

Stuart Bretherton, Eva Simmons, Calum Lacy, Erica Hygate and Sumaya Javaid, you all pleaded guilty to charge 1 on the indictment; the appropriate sentence giving due weight to the mitigating factors here is 18 months which I shall reduce to 12 months to reflect the offers to plead guilty at an early stage.  In respect of Erica Hygate, you also pleaded guilty to charge 3 and I will impose a sentence of 2 months, reduced from 3, to run concurrently to the sentence in charge 1.

In respect of Sumaya Javaid, you pleaded guilty to charges 1, 3 and to an amended charge 4.  According to the Criminal Justice Social Work Report you have four minor convictions.  You will also be sentenced to 2 months reduced from 3 months in respect of charge 3 to be served concurrently to charge 1, but, in respect of charge 4, to a sentence of 2 months reduced from 3 to be served consecutively to charge 1.

This therefore means that Stuart Bretherton, Eva Simmons, Calum Lacy, Erica Hygate will serve 12 months and Sumaya Javaid, will serve 14 months from today."