Rankin v. Procurator Fiscal  ScotHC 32 (01 June 2004)
APPEAL COURT, HIGH COURT OF JUSTICIARY
Appeal No: XJ343/03
OPINION OF THE COURT
delivered by LORD HAMILTON
APPEAL BY STATED CASE
PROCURATOR FISCAL, Ayr
Appellant: Shead; Peacock Johnstone
Respondent:A. McMillan, A.D.; Crown Agent
1 June 2004 The appellant was charged on summary complaint in Ayr Sheriff Court that on 13 January 2002 at Seacat Terminal, Harbour Road, Troon he
"did wear an article within the meaning of [the Terrorism Act 2000 (as amended)] 'namely, a yellow metal pendant and neckchain and two yellow metal "UVF" finger rings in such a way or in such circumstances as to arouse reasonable suspicion that you were a member or supporter of a proscribed organisation as defined by [the Act], namely, Ulster Volunteer Force (UVF)', in that you did openly wear said pendant and rings", contrary to section 13(1)(b) of the Act.
After trial he was convicted as libelled and admonished. He appeals by way of stated case to this court against his conviction. Section 13(1) is in the following terms:
"A person in a public place commits an offence if he -
(a) wears an item of clothing, or
(b) wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation".