On 14 March 2026, hundreds of protesters gathered at the north gate of HMNB Clyde — better known as Faslane — for a mass anti-nuclear rally organised by Scottish CND, World BEYOND War and ICAN. The demonstration, timed deliberately ahead of Scotland's May 2026 election, is the latest in a decades-long tradition of protest at Britain's nuclear submarine base. But what happens if you get arrested at a protest? What are your legal rights on the ground?
What happened at Faslane on 14 March 2026
The rally drew coach loads of protesters from Edinburgh, Glasgow, Aberdeen, Dundee, Stirling and Perth. Speakers addressed the crowd at the base's north gate before demonstrators moved to a viewing point above the facility. Organisers cited two immediate concerns: a radioactive leak discovered at a Highland nuclear site and contamination of Loch Long from waste at the nearby Coulport weapons depot.
A further controversy: the Royal Navy allegedly threatened legal action against the Scottish Environment Protection Agency (SEPA) to restrict the release of environmental data about the contamination. Protesters argued this represented a state body attempting to suppress information the public has a right to access.
The timing was political. With Scotland's parliamentary elections set for May 2026, Scottish CND is pressing candidates to pledge support for the Treaty on the Prohibition of Nuclear Weapons and commit to opposing the renewal of Trident at Faslane.
Your rights as a peaceful protester in the UK
UK law, built on the Human Rights Act 1998 and the European Convention on Human Rights, protects the right to peaceful assembly (Article 11) and freedom of expression (Article 10). These are not absolute rights — they can be restricted in defined circumstances — but they represent a strong legal floor.
The right to be at the protest: You do not need a permit to attend a static demonstration on public land. However, police must be notified at least six days in advance if the organisers plan a march (under the Public Order Act 1986). A rally that stays in one place generally requires no advance notice.
Filming and photography: You have the right to film police officers carrying out their duties in a public space. Officers cannot routinely order you to delete footage. Stop and Search powers do not extend to confiscating cameras without lawful grounds.
If police ask you to move: Officers can impose conditions on a protest — including restricting location, numbers or noise levels — if they believe serious disorder, serious disruption or intimidation is likely (Section 12 or 14 of the Public Order Act 1986). You should be clearly told the reason for any condition. Refusing to comply without reasonable excuse can be a criminal offence, but vague or disproportionate conditions can be challenged legally.
If you are arrested: You have the right to know the reason for your arrest. You have the right to remain silent (though adverse inferences can sometimes be drawn from this at trial). You have the right to free legal advice at the police station — request a solicitor immediately and do not answer substantive questions before legal representation arrives.
Breach of the peace in Scotland: Scots law includes the offence of "breach of the peace," which is defined more broadly than in England. Shouting, blocking roads or aggressive conduct can engage this offence. Officers in Scotland also have broader common law powers of arrest, making Scottish protest cases somewhat different to those south of the border.
Access to environmental information: a legal right
One aspect of the Faslane situation that is under-discussed is the right to environmental information. The Environmental Information (Scotland) Regulations 2004 and the UK's Environmental Information Regulations 2004 give the public the right to request information held by public authorities about environmental matters.
The allegation that the Royal Navy threatened legal action against SEPA to suppress contamination data is legally significant. If confirmed, it could represent interference with a statutory duty SEPA holds under environmental law — and citizens affected by the contamination may have grounds to bring judicial review proceedings.
What you can do: If you live near a nuclear facility and believe environmental data is being withheld, submit a formal request under the Environmental Information Regulations. If refused, appeal to the Information Commissioner's Office (ICO). A solicitor specialising in public law or environmental law can advise on next steps, including judicial review.
The Public Order Act 2023: what changed
Protest law in England and Wales changed significantly with the Public Order Act 2023. New offences include "locking on" to property or infrastructure and obstructing major transport works. Police also gained broader "stop and search" powers at protest sites.
Scotland was not fully covered by the 2023 Act in all respects, making the legal landscape different depending on where in the UK you demonstrate. Scottish legal frameworks apply at Faslane, which sits in Argyll and Bute.
Lawyers specialising in protest law note that many of the 2023 Act's provisions face ongoing legal challenges. The European Convention on Human Rights continues to act as a check, and courts have shown willingness to scrutinise overly broad police conditions.
When should you consult a solicitor?
If you have been arrested at a protest — or anticipate being so — do not rely on general knowledge. Protest law is a specialist area, and the distinction between lawful dissent and a criminal offence can turn on small factual details.
Specific situations that warrant immediate legal advice include: arrest or charge following a demonstration; receipt of a civil injunction preventing you from attending protests near certain locations; allegations of aggravated trespass; or if you believe police imposed disproportionate conditions on a lawful assembly.
On Expert Zoom, you can connect with solicitors who specialise in civil liberties and public law. These experts advise on your rights before, during and after protests — whether that's attending a rally at Faslane or any other demonstration across the UK.
Legal disclaimer: This article provides general information only and does not constitute legal advice. Always consult a qualified solicitor for advice specific to your situation.
