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ADVICE FOR ANYONE ARRESTED
If you get nicked during the protests, there will be
an advice session on 2pm on Sunday 23rd November at
London Action Resource Centre, 62 Fieldgate St, London
E1 1ES. 020 7377 9088.
Download
Bust Card here
LEGAL BRIEFING
Resist Bush is calling for non-violent direct action
to greet George Bush throughout his visit to the UK.
If you are planning to join civil disobedience actions,
make sure you know the laws the police will use to stop
you. The following information has been gathered from
a number of resources outlines some of the possible
powers the police can exercise on demonstration:
OBSTRUCTION
OF A PUBLIC HIGHWAY - Section 137 Highways Act 1980
Wilfully obstructing the highway: The "highway"
includes the pavement and private property used as a
public thoroughfare. You can be found guilty of obstructing
the highway merely by occupying part of it by standing
on it. However, the police have to prove wilful obstruction
they will usually ask you to move and only arrest
you if you don't do so to prove it is wilful, or at
least say they did this in court. Maximum penalty £1000;
usually in range £0 (conditional discharge) - £200.
OBSTRUCTING A POLICE OFFICER - Section 89 of
the Police Act 1996:
It has to be shown that the police officer WAS acting
in the execution of duty i.e. attempting to prevent
a breach of (another) law or a breach of the peace.
The charge could be used against people trying to prevent/arguing
with the police about someone else's arrest. Maximum
penalty £1000 and/or a month in gaol; usually a rather
larger fine than for obstruction of the highway.
BREACH OF THE PEACE:
(Common Law Power):
If a police officer considers you are causing, have
just caused, or are about to cause a "breach of the
peace," they have a right to arrest you. It is very
unclear what breach of the peace is, but recent case
law has found that a person acting lawfully can only
be arrested to prevent an apprehended breach of the
peace where there is a "real and imminent threat to
the peace," which seems to comprise violence to persons
or damage to property. If you are arrested for breach
of the peace, the police will either let you go after
a "cool-down" period, usually of up to 6 hours,
or you will be kept overnight and brought before a court
the next day to be charged. The court will offer you
a "bind-over" which you can either accept
or refuse. If you refuse, a date will be set for a hearing
in the future where the prosecution would have to establish
that by your actions you caused or provoked the likelihood
of imminent violence. If you are bound over you have
to agree not to cause a further breach of period within
a specified period. If you cause a further breach within
that period, you are liable to pay part or all of a
fixed sum to the court. If you refuse to agree to the
bind over following a hearing you can be sent to prison.
A bind over is not a criminal conviction and you will
not usually be interviewed or have your fingerprints
and DNA taken.
BREACH OF
"SESSIONAL ORDERS:
When Parliament is actually in session, police have
special powers to "disperse all assemblies or processions
of persons causing or likely to cause an obstruction,
disorder or annoyance" in a specified area around Parliament:
This includes St. James's Park, Green Park and the roads
through it.. Note that these orders clearly do NOT ban
all demonstrations, though police often interpret them
as doing so. The purpose of the orders is supposed to
be to secure MPs free passage to Parliament. Maximum
fine £500. Fines up to £100 plus costs have been imposed,
but there have been many acquittals on this charge.
PUBLIC ORDER
OFFENCES
There are a series of offences connected with the
organisation of or participation in marches or demonstrations
(includes vigils) which are set out in the Public
Order Act 1986 and the Criminal Justice
and Public Order Act 1994:
- SECTION
12 PUBLIC ASSEMBLIES (includes vigils) - Section
12 of the Public Order Act 1986:
This confers power on the senior officer to impose
conditions on processions, which he reasonably believes
are necessary to prevent serious public disorder,
serious criminal damage or serious disruption to the
life of the community. They may also impose such conditions
if they believe that the purpose of the persons organising
it is the intimidation of others with the view to
compelling them not to do an act they have a right
to do, or to do an act they have a right not to do.
If she/he reasonably believes any of the above, then
he may impose conditions on persons taking part in
the procession as are reasonably necessary to prevent
the above, including conditions as to the route of
the procession or prohibiting it from entering any
public place specified in the directions. Anyone who
knowingly fails to comply with any of the conditions
commits an offence.
- SECTION
14 PUBLIC PROCESSIONS - Section 14 of the Public
Order Act 1986:
This includes marches and processions. As
with Section 12, the senior officer may impose conditions
on public assemblies, which he considers are reasonably
necessary to prevent serious public disorder etc.
But unlike Section 12, the conditions he may impose
are in this case limited to specifying:
a) the numbers of people who may take part,
b) the location of the assembly, and
c) its maximum duration.
An assembly is defined by Section 16 of the Act as
consisting of 20 people or more. Anyone who knowingly
fails to comply with a condition is guilty of an offence.
It is an offence to "organise" most kinds of marches
without giving the police 7 clear days advance notice
in writing, unless this isn't reasonably practicable.
Maximum penalty £1000. It's NOT an offence to take
part in a march for which no notice has been given.
For any march, the police can decide the route
and impose any other conditions for the same reasons
as they can impose conditions on public assemblies
and the penalties are the same.
- SECTION
5 HARRASSMENT, ALARM OR DISTRESS [disorderly
conduct]:
This is the least serious public order offence and
the one most regularly used against protesters. It
was much criticised on its introduction because it
covers behaviour which was generally not thought to
be criminal. In particular it covers behaviour which
falls short of violence or the threat or fear of violence.
It is an offence under this section ‘if a person
(i) uses threatening, abusive or insulting words or
behaviour, or disorderly behaviour or (ii) displays
any writing, sign or other visible representation
which is threatening, abusive or insulting, within
the hearing or sight of a person likely to be caused
harassment, alarm or distress’. The offence
can be committed either in public or in private. There
is a two stage power of arrest; the police can only
make an arrest if you have been warned to stop the
disorderly conduct and have then gone on to repeat
it. The conduct does not need to be directed towards
another person, but you must have intended your conducT.
- SECTION
4A INTENTIONAL HARASSMENT,ALARM OR DISTRESS (section
4A): A person is guilty of this offence if,
‘with intent to cause a person harassment, alarm
or distress, she/he: (i) uses threatening, abusive
or insulting words or behaviour, or disorderly behaviour
or (ii) displays any writing, sign or other visible
representation which is threatening, abusive or insulting,
thereby causing that or another person harassment,
alarm or distress’.This offence differs from
the section 5 offence in that it (a) requires an intention
to cause a particular person harassment, alarm or
distress and (b) actually causes harassment alarm
or distress to that person or to another person. It
is a defence to show that the conduct was reasonable.
The maximum penalty is also more severe than for the
section 5 offence, six months imprisonment or a fine
not exceeding £5,000. It can only be tried in
a magistrates court.
STOP &
SEARCH POWERS
There are a number of powers that the police can use
to stop and search you under. For most of them they
need reasonable suspicion that you are carrying drugs,
weapons, etc.. Try not to give them excuses to use them
(sarcastic replies to questions as to the content of
you cigarette, for example, can be used as an excuse
to search you under the Misuse of Drugs Act). Whatever
power they search you under, you have a right to be
given a written record of the search. Always ask for
a written record of the search.
Two powers often used against protesters are:
SECTION
60 - Criminal Justice and Public Order Act
1994
Under S60 the police have the power to stop and search
persons or vehicles for weapons (and dangerous instruments)
within a designated area. A S60 order can only be issued
by a senior officer if she/he believes there will be
serious violence. This is often a police tactic used
at major demonstrations in an attempt to control, subdue
and gain personal information about activists.
In the event of an S60 order being issued the police
have the power to search you for weapons (and dangerous
instruments) only. The officer must identify themselves
and the reason for the search. You can only have a "pat
down" search unless you are arrested, and you are
only required to remove outer clothing (e.g. a coat)
in public, OTHER THAN items that conceal your identity
(face masks,bandanas and in some cases even baseball
hats and sunglasses!) These items can be confiscated.
Bags and rucksacks can be searched, but they have no
legal power to search wallets, purses, inside small
pockets etc. This is an S60 search, for weapons only.
However, if in the course of the search they find something
else (such as drugs) they can arrest you. You also have
the right to be searched by a cop of the same gender.
They have the power to use "reasonable force"
but ONLY if you do not submit to a search. No other
force can be used for any other purpose.
You DO NOT have to give them your name and address,
say "NO COMMENT". If you are stopped and search
ask why you are being searched and ASK FOR A WRITTEN
RECORD of the search. They do not need your personal
details to do this despite what they may say. See http://wombles.org.uk/files/section60.php
SECTION
44 - The Terrorism Act 2000
The Terrorism Act 2000 has now been used against protesters
at both R.A.F Fairford and in London (DSEi). Under section
44 the police can search people or vehicles for items
of a kind that may be used in connection with terrorism.
The officer must identify themselves and the reason
for the search. You can only have a "pat down"
search unless you are arrested, and you are only required
to remove outer clothing (e.g. a coat) in public, OTHER
THAN items that conceal your identity (face masks,bandanas
and in some cases even hats and sunglasses!) They can
search bags and rucksacks and unlike s60 searches police
are allowed to look at papers, etc. Although the police
are only entitled to search for items in connection
with terrorism, if they find other the things –
for example drugs - they will use this to arrest you.
When searched under section 44, you DO NOT have to
give any details, say "NO COMMENT". However,
if you have any form of identity on you the police may
take up details from this, so you need to ask yourself
whether you want to carry identification on demos, including
bank cards etc. Any person failing to stop will be arrested.
If you are stopped and search ask why you are being
searched and ASK FOR A WRITTEN RECORD of the search.
They do not need your personal details to do this despite
what they may say to you.
Liberty
are challenging the legality of this use of section
44 search powers against legitimate protesters.
CRIMINAL DAMAGE - Section
1 Criminal Damage Act 1971: wilfully damaging or destroying
property belonging to another. People have been found
guilty of this for merely marking a wall with charcoal.
If the cost of repairing or replacing the property is
less than £5000, the case can only be tried in the magistrates'
court and the maximum penalty is £5000 and/or 3 months
in gaol, plus up to £5000 in compensation. It is also
an offence to carry anything with the intention of committing
criminal damage, or to attempt criminal damage. Penalties
similar to those for actual damage.
BYE-LAWS:
There are bye-laws applying to royal parks, such
as St. James's Park (includes roads through it) and
railway lands such as Victoria Station. There are bye-laws
banning such things as demonstrating, leafleting or
displaying political notices. In the case of Royal Parks
these are minor offences and not arrestable (unless
you refuse to give your name and a verifiable address)
and not likely to be used against people blockading,
but people in a supporting demonstration may be threatened
with being summonsed to court if they don't desist.
In the case of railway lands they include causing a
nuisance, trespass and loitering and railway police
and other rail employees have powers of arrest. Thus
they can ask you to leave rail property if they consider
you are breaching a bye-law and arrest you if you refuse
Using abusive or insulting words or behaviour, or threatening
behaviour, within the hearing or sight of someone likely
to be caused harassment, alarm or distress thereby.
Similar limits are put on what can be distributed or
displayed in public. Police and courts have interpreted
this offence very widely. Maximum fine £1000; likely
to be much less.
IDENTITY
In the UK there is no requirement to carry any form
of identity. This applies equally to those from overseas
so that, unlike in many other countries, you do not
have to carry your passport.
DEPORTATION
Unlike in some countries, the cops do not have the power
to deport people. A person without a British passport
can only be deported as part of a court sentence, but
this is relatively rare and only happens in serious
cases (no one was deported after J18, N30, Mayday 2000
or 2001). It is even harder to deport citizens of another
European Union state. Therefore the only people at risk
of deportation are those who are here in breach of immigration
rules (e.g. overstayers) as the police may contact immigration
if they arrest someone and suspect this. If you are
such a person then it is essential that you get a solicitor.
For more information on legal issues visit:
LDMG
- Legal Defence and Monitoring Group
Wombles
Legal Info
Gluaiseacht
(advice for overseas activists)
Free
Beagles
Urban
75
Schnews
DIY
Schnews
Legal links
Activists
Legal Project
Liberty
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