To stop and search you, or your vehicle, a copper must give their grounds for having reasonable suspicion that drugs, offensive weopons or stolen goods are on your person, or in your vehicle, or that a Breach of the Peace is going to occur. You cannot be searched on private land unless you are a trespasser. Always make the copper justify what their reasonable suspicion is - if it is rubbish tell them that "I am not refusing to be searched but I am refusing to accept that you have the reasonable grounds for suspicion necessary to exercise the power of stop and search under the Police and Criminal Evidence Act (PACE) 1984" or words to that effect. In public places they can only search outer clothing, more thorough searches must be made out of sight, in a police van or station. Reasonable minimum force may be used to effect a search. You DO NOT have to give your name and address when being searched unless the driver of a vehicle. You are entitled to get a report of the search from the police station within a year. In practise it can be hard to stop the police searching you when there are few witnesses about but stay calm and confident and they may back down.
Under section 4 of PACE and section 60 of the CJA 1994 a police inspector may authorise all persons and vehicles to be searched regardless of suspicion, if serious violence is expected in an area. Always ask what laws they are executing to make sure they are not bluffing.
Any copper who puts their hands on you unnecessarily may be sued for assault . Inform them of this if they are being threatening or abusive.
The police may not enter premises, including squats, without a court warrent except to arrest a person for an arrrestible offence or to save life and limb, or prevent serious damage to property OR to prevent a Breach of the Peace. You DO NOT have to give your name if your premises are being searched. If your p roperty is being searched they may only search for and confiscate items specified by the warrent, ie if the warrent says drugs they cannot take files. Police and baliffs can be removed from land and property as trespassers using reasonable minimum force if they have no search warrent.
If you are organising a demo procession or march you should consult the Public Order Act 1986 sections 11-16 and CJA 1994 sections 61-71. Under section 160 CJA 1994, constabulary powers apply equally to coastal waters as they do to land.
If you see someone being arrested take the ID numbers of any coppers involved and if they are violent, call for a camera or witnesses. It can be helpful to ask the name of the person being arrested, however this is not the case if there is any possiblity that the person might give a false name. Go to the cop shop if you can to support them, it often encourages a quicker release , however be wary of asking for them by name, in case they are using a false on e. Sort out a good solicitor for them if they haven't got one, they should be able to find out what name the arrested person has given. Write a statement whilst it is still fresh in your memory and keep in contact with others involved and those arrested, they may be relying on you for their freedom. Remember, if you go to court as a witness you can claim loads of expenses off the state. Contact the defendants solicitor about this.
Think carefully before giving a false name for serious offences, it will be checked thoroughly, and may result in you being refused bail.
If someone is arrested illegally eg. they have not committed an offence, technically you may use `reasonable minimum force' to secure their release, as you are trying to prevent a crime (false arrest). Obviously such de-arresting is easier when the police are outnumbered. However, be careful - if more coppers turn up, they may not take too kindly to what you're doing and it may soon escalate into a Riot!
You can only be arrested without a warrent for `arrestable offences'. These offences are those which cna carry more than 5 years imprisonment or where it implicitly states there is a power of arrest in stature, eg. most sections of the Public Order Act 1986 & CJA 1994 and for serious assault, possession of drugs, theft, criminal damage and breach of the peace.
Notable exceptions are obstructing or assaulting a police officer in execution of their duty. For such non-arrestable offences tehy may take your name and address and serve a summons on you to attend court. However, if you fail to give a satisfactory name and address they may arrest you. So it can be good to have some reliable IS on you because frequently they nick people fro non-arrestable offences, presuming they'll get away with it. If you are nicked with ID on you, you can sue them for false arrest and imprisonment. If under arrest the police may search you, (and also your premises if they have reasonable ground for suspecting there is other evidence related to the offence).
The Criminal Justice Act 1994 has created a whole new range of criminal trespass laws. Under sections 61 & 62 (and also section 39 of the Public Order Act 1986) two or more persons trespassing on land with the common purpose or residing there may be directed to leave the land by a constable if there are more than 6 vehicles on the land or if any damage has been caused to the land (this has in the past included damage to a blade of grass) or threatening or abusive words or behaviour has been used towards the occupier or agents.
Section 63-64 allow constables under the instruction of a police superintendent to direct 10 or more people to leave land if a Rave (100+ people ) is in progress. Section 65 allows a constable within a 5 mile radius of a rave to direct you away from the area, failure to comply can lead to arrest and fine. Section 66 and 67 allow for the seizure, retention and charges for the confiscation of vehicles and sound equipment.
Section 68 and 69 refer to the offence of Aggravated Trespass. Section 68 is committed by anyone trespassing on land in the open air, with the intent of disrupting a lawful activity. This does not include highways and roads. Under section 69, if there are a lot of trespassers you may be directed to leave the land, anyone failing to do so may be nicked. To commit this offence you must commit both sections of the offence, ie you much be both trespassing AND disrupting.
Sections 70 and 71 allows the police to ask the local council to prohibit tresspassary assemblies of 20+ people for up to 4 days within a five mile exclusion zone, if they may result in serious disruption to the local community . Anyone organising or inciting another to attend a trespassary assembly may be arrested and given up to three months imprisonment. Refusal to be directed away may lead to arrest and fine.
Sections 72-76 refer to squatting. It becomes a crime, punishable by up to 6 months imprisonment not to leave premises when requested by a displaced residential occupier or protected intending occupier. They must provide evidence of such status. They must use violence to secure entry but not violence against persons or personal property. Section 6 of the CJA 1977 still protects squats from violent entry otherwise, as long as someone present on the premises is opposed to entry. Also when served with an Interim Possession Order you must leave with in 24 hours. However it is a serious offence for someone to give false information in court to get an IPO.
Sections 77-79 allow a Local Authority to direct people residing in vehicles off land. Failure to comply can result in a fine. An order can be given by a magistrates court for the removal of vehicles after 24 hours notice has been given.
All of the above CJA 1994 laws are instantly arrestable and unless the penalty is otherwise stated carry three months imprisonment and/or fine.
On many demos and protests, section 5 of the Public Order Act 1986 is used. This is the offence of using threatening, abusive or insulting behaviour or words within the hearing or sight of someone likely to be caused Harassment, Alarm or Distress. This is an arrestable offence with a fine. This same law appears as section 154 in the CJA 1994, which carries six months imprisonment if the act or words was intended to cause distress.
Section 4 of the Public Order Act 1986 is if a person does as above but causes someone to fear immediate unlawful violence. Punishment is up to six months and/or fine. Section 3: Affray occurs when someone uses or threatens violence. Punishment is up to three years. If things get heavy Section 2 is Violent Disorder wehre three or more people use or threaten violence. Punishment is up to five years. And if the shit really hits the fan Section 1 is Riot, where 12 or more persons use or threaten violence for a common purpose. This carries up to ten years. All the above offences are instantly arrestable.
After the coppers hit you, they may arrest you for hitting them. This is usually Actual Bodily Harm or Grevious Bodily Harm. Punishment is dependant on the severity of the assault but can be up to ten years.
Section 137 of the Highways Act 1980 makes wilfull obstruction of the highway an arrestable offence liable to a 50 quid fine. Section 78 of the Highways Act 1835 makes obstruction through misbehaviour or negligence a minor non-arrestable offence. Obstruction must be static. A moving procession is not normally an obstruction nor is an obstruction caused if persons or traffic can pass by.
Section 51 of the Police Act 1964 makes assaulting or wilfull obstruction of a copper in the execution of their duty a non-arrestable offence, carrying six months and one month respectively. In court, whether a copper was acting legally in execution of duty can be questioned. Section 33 of the Offences Against the Person Act 1861 makes assault with intent to resist arrest an offence. Theft and Criminal Damage carry terms according to severity. Arson carries life!
Dangerous or Careless and Inconsiderate cycling are non-arrestable offences. However, you can be arrested if you fail to give a satisfactory name and address for the serving of a court summons. A copper has a right to stop you on a bicycle. However, this can be difficult if you don't hear them.
Breach of the Peace is a non-criminal arrestable offence(!), whenever and wherever harm has been or is likely to be done to a person or in their presence to their property. People have been arrested for Breach of the Peace on the basis that their presence may incite some one else to violence against them, ie you've been nicked if your conduct may lead to a Breach of the Peace by someone else. Without being found guilty a magistrates court can bind you over, to keep the peace for a fixed term. If you fail to keep the peace you or your surety loose a set sum of money. Refusal to accept a 'bind-over' can lead to a few weeks prison instead. This is a weird, unpredictable catch-all law dating back to 1361!
D-locking etc, onto machinery or vehicles is not an offence in itself, but if you are already committing another offence eg Aggravated Trespass you may be nicked for that when they cut you `free'. Leafletting and petitioning is legal , but be wary that many shops and buisnesses own their own shopfronts so you could be done for Aggravated Trespass (remember this offence only applies to `open air', so does not apply to inside buildings). However, they may try and get you on Breach of the Peace.
This may all sound like their is nothing you can do with out getting nicked. However, anything which is not expressly forbidden in law is permissible. Also in reality coppers dont want the hassle of paperwork, especially when a large number of people are involved in petty offences. Also, dodgy arrests cost them a lot of money in compensation. Frequently, they wil warn you of imminent arrest ot giive you a chance to change your behaviour. If you can avoid being warned then you're less likely to be arrested until after you've been warned. So stay away from the coppers. They will often bluff you that they will nick you, when they know that they can't, so if you know the law you'll know the score.
Upon arrival at the copshop you will be booked in and cautioned by the Custody Sergeant. You do not have to sign or say anything other than a name and address for bail purposes. You do not have to give your date of birth, and this is how you identify you on police files. However refusal to cooperate can mean spending several more hours in custody. You have to weigh this up with how much information you want them to have on you.
Make sure the starting time of your detention is recorded correctly at the top of the custody record. You will be asked to sign for your property, fill in the blank parts with a scribble so they can't add anything later. A strip-search may be carried out only if the Custody Sergeant considers it necessary to remove a Prohibited article. Body orifices may only be searched if a Superintendant has reasonable grounds for believing that a dangerous item or class A drug has been concealed. Such a search must be carried out by a Doctor .
You have the right to conduct a solicitor AT ANY TIME during detention. Ask the Custody Sergeant to contact your choosen solicitor. If you dont know one ask LIBERTY or RELEASE to be phoned, to arrange one for you. Failing that, there is the Duty Solicitor who is free but often has police bias.
You have the right to have someone informed of your arrest. You have the right to be seen by a Doctor if you are ill or injured. You have the right to be given a pencil and paper if you request it. You have the right to consult the PACE Codes of Practise, which can be good to while away the time. You have the right to make one free phone call, which will be monitored.
Anything you request which is refused, make a note of the copper and the time. If you have a complaint, demand to have it registered on your custody record, while you witness it. Ask a Solicitor to help you if the coppers are being awkward. All complaints will be brought to the attention of a senior officer, and toy may be able to sue later. You are entitled to a copy of your custody record when your are released or upon written demand within a year.
If the police interview you, you are advised to remain silent, despite sections 34-39 CJA 1994 allowing the court to draw adverse inferences. Reply "NO COMMENT" to all questions, or to shift the blame for your silence you can say "Under legal advice from my Solicitor, I have nothing to say". If the police have arrested you, they've already decided you are guilty. All they want is for you to incriminate yourself or give a story around which they can build a prosecution case.
Be wary of mind games coppers can play to try and get you to talk/confess/grass. They'll tell you it's for your own good, you'll get a lesser sentence, the jury will infer guilt from your silence, that your kids will be taken into care, your mates have already confessed/grassed, that they have got physical evidence or witnesses AND YES they really do play Nice Cop, Nasty Cop routines. It's all bluff, don't bow down to the pressure! If you are roughed up see a Doctor immediately on release.
If you are charged they may exercise tehrie right to take photos, fingerprints or body samples. You ahve the absolute right to refuse to be photographed, they can not use force to compel you. They can only take intimate body samples (dental impression, blood, semen, urine, pubic hair, orifice swabs,etc) with written consent, AND with the authorisation of a Superintendant. However, the Court can infer a level of guilt for refusal. Except for urine and saliva it must be taken by a Doctor. An non-intimate body sample (hair, body swab from a non-oriface, footprints, sample from under nail, etc AND fingerprints) may be taken without consent if you have been charged with a recordable offence. Prior to being charged they may only be take n without consent if authorized by a Superintenant and if they have relevance to the case and may prove/disprove guilt. Reasonable force may be used.
Sometimes you may be offered a Caution, especially for trivial offences, as it saves time and inconvenience for everyone involved. In accepting a Caution you are admitting guilt, an it may be used against you if you are re-arrested in the future. Coppers often use Cautions when they haven't got a case, to avoid being sued for false arrest! If you know they have n't got a case, you could refuse the caution. They may release you or they may stitch you up on a charge.
If you are released, you may sue for false arrest and imprisonment. Consult a Solicitor who specialises in this area. You can contact Liberty to find one for you. If you are charged, you should be bailed as long as the police are happy about your name and address. If you are of No Fixed Abode you're unlikely to get bail except for minor offences. They usually check your details by checking police files, electoral register, or phoning or visiting the address given and asking someone to identify you, you if you intend giving a false name sort it out with friends first. The CJA 1994 has lessened the right to bail, especially if charged with an offence while already on bail. Sections 25-30 allow the police to set various bail conditions. If they want more stringent conditions or to remand you they will hold you, to appear before Magistrates the next morning. As soon as possible get in contact with potential witnesses.
The judicial process can be a long one, sometimes lasting a year between arrest and trial, with many inbetween visits to court. Less serious Summary offences are dealt with by the Magistrates, most of whom know nothing about the law and many are middle class bigot - however they can be won over with good arguement.
More serious Indictable offences are tried by a Crown court (judge and jury) . They are very formal courts but are more likely to acquit you. Either way offences, eg ABH and GBH can be tried in either court.
You are more likely to be found guilty in a Magistrates court but will recieve a lesser sentence eg for ABH a Crown Court may give you five years, the Magistrates court six months. However, if after finding you guilty the magistrates decide their powers of sentence are not enough, you may be sent to the Crown Court for sentence. Avoid the Magistrates court except for less serious offences or guilty pleas. Sometimes it is worth admitting guilt for minor offences, especially if you are caught red handed, to get the whole process over and done with. You recieve lesser sentences for guilty pleas.
If you haven't got a solicitor, you are entitled to have a "McKenzies' friend" in court. This is someone, either a friend or a legal advisor, who cannot address the court but can give you advice and moral support. Many points can be argued in court as so much legal jargon is so ambigious in its meaning. Self-defence is a legal defence for assault, as is trying to stop an illegal or immoral activity.
The most common punishment is a fine and/or bind-over to keep the peace or sometimes probation order or community service. Refusal to comply with any of these can lead to prison instead. A court should not (but sometimes does anyway ) send you to prison for non payment of fines if you genuinely cannot afford it . If it does, sue them!
If faced with baliffs for non-payment of fines (or for any Debt collection), they cannot force entry if you refuse them entry. They can enter through open windows and doors, so if you're expecting Baliffs, keep everything locked. If they are unwelcome, you can eject them as trespassers using reasonable minimum force, They cannot take anything which is not yours or is on loan, and they must leave you with some clothes, food and money.
Should the worst come to the worst and you get sent to prison, don't worry - its not nearly as bad as it is made out to be. Most people in prison - screws and cons - are alright! It can be good head space, it's a good insight into the depts of Babylon, and time looses much of its meaning so it doesnt drag by, and remember they cant imprison the spirit! Remember too, that there is a struggle to be carried on, on the inside, just as there is on hte outside. The powers that be would have us believe that prison is terrible - this is to scare us into inaction. Obviously prison is not a paradise, but dont be afraid, many political prisoners come out of the experience stronger and wiser. So stand strong for truth and justice! If someone you know gets sent down, support them in anyway you can, because the main sanction of prison is isolation, so keep connected!
Gloves/clothes/shoes pick up dust, fibre, wood, plant, pollen, soil, glass traces, which are only partially removed by washing or burning. If in doubt disposes of clothes and shoes and dont wear them in your own home where traces will be transferred on to carpets, etc. Such traces can be used to place you at a certain place at a certain time.
Shoeprints are as incriminating as fingerprints if matched. Tracker dogs can follow the scent from your shoes for up to 10hrs later, but only in favourable conditions. Roads that smell of exhaust fumes, petrol, rubber and other people mask your smell. The best conditions for tracker dogs are unspoilt meadows during moist and cool weather. Hair, blood, sweat, spit, urine, snot, etc, may and will be left behind and can be used to build a profile of a suspect, eg blood-type, smoker, illnesses, medication taken, diet.
Tools when used leave their distinctive marks, allowing (eg) broken chains to be matched to boltcutters later. Re-sharpened toos change their markings. Vehicles leave all sorts of traces, especially if a collision occurs. Tyres, oil, paint, especially can be traced to an individual car. Also, cars can have their movements monitored or reconstructed through the use of traffic control videos, petrol station cameras, etc.
Videos surveillance - tends to record and can be used to follow or re-trace you or your vehicles movements. Most have a night-sight. Hand-held camcorders can be immobilised by letting off a camera flash into the lense. Undercover police cameras dont have the logos of legitimate TV companies. If in doubt ask to see their press cards.
Undercover police tend to use British company car types such as Ford Sierras, Escorts, Vauxhall Cavaliers in neutral colours. They do not have a sticker at the bottom of the rear window advertising the supplier, or fluffy dice etc. Youcan always watch the comings and goings of cars at local copshops. The last two letters of the group of three on a number plate will tell you where a car is registered. Location codes are given at the back of the AA handbook.
Undercover cops tend to dress casual and follow fashion, wearing comfortable shoes or fast trainers, have regulation hair cuts - maybe grown a bit longer. Perhaps a medallion, definitely a watch, something flash but sober, no earings. Most of the time they are male, white, lean, tall, in their twenties and thirties. They may be very interested and inquistive about who you know or what you do. Beware of agent provocateurs leading you to do something against your better judgement. To check if you are being followed, do something illogical such as a U-turn or take a complicated route. To lose a tail head for a crowd place or countryside/woods etc.
State intelligence is gathered from many sources, including undercover operations, paid informers (often criminals), bribery, intimidation , the use of civilians to pass on information, such as the milk delivery person, the corner shop keeper, door to door salespersons, gas meter readers, neighbourhood watch wardens, teachers, journalists. Basically anyone who may regularly pass or enter your home or know you. They do it out of public spiritness - who knows what the cops have told them your upto. Special Branch also have access to tax, social welfare, housing benefit, vehicle licensing, bank account files and the whole network of the Police National Computer. All Post sorting Offices have an intelligence section, were mail to certain addressses is read and recorded. Telephones are routinely tapped from the local exchange or GCHQ. Not all conversations are listened to, but most are recorded, expecially between specific numbers. BEWARE! The circuit of your phone can be left open, and whilst it will still work, the mouthpiece turns into a microphone, recording whatever is said in the room! However, dont get too paranoid, their resources are very stretched, and they lack common sense.