Lloyd John Quinan v. Procurator Fiscal Dumbarton

The appellant was convicted of a breach of the peace as a result of his involvement in a peaceful protest at Faslane. The submission by the appellants counsel relate to the effect of the appellant being a a Member of the Scottish Parliament. He submitted under reference to Article 10 and to Castells v. Spain (1992) 14 E.H.R.R. 445 that in the context of a protest by an elected representative interference by criminal sanction could be justified only if such interference was necessary in a democratic society. Protest by action as well as by words was protected under Article 10 (Lucas v. United Kingdom (2003) 37 E.H.R.R. C.D. 86).