Post by saturdaysheros on Sept 3, 2006 17:52:29 GMT -5
Contrary to information being circulated, the legal basis of the tactic of police cordoning off demonstrations and forbidding large numbers of people to leave from inside the cordon - as used at J18, N30 and Mayday2K - is NOT s60 of the Criminal Justice and Public Order Act 1994.
Police, indeed anyone, can use reasonable force to detain people to prevent a breach of the peace where they fear one is imminent. This was the basis of the effective mass imprisonment at previous demonstrations. It is not an arrest.
The powers in s60 have been used to search people individually as they are being released from the cordon and this is where the confusion stems from.
S60 can be used where a senior cop reasonably suspects there will be incidents of serious violence _or_ that people are carrying dangerous weapons or offensive weapons in a locality (inserted by s8 Knives Act 1997).
1. Once police have released you from the cordoned area, they can _then_ only detain you "for as long as necessary to carry out a search". While in the cordoned area they can detain you as long as they have reasonable (i.e. objectively justifiable) grounds that this is necessary to prevent a breach of the peace.
4. While performing a search they _can_ ask you to remove outer clothing, such as coats and jumpers in public. In addition, s60(4A) - inserted by s25 CDA 1998 - allows the police to force you to remove anything they reasonably suspect you are wearing wholly or mainly to conceal your identity. There is nothing to stop you putting something else on after you have taken off a mask or had it confiscated.
5. The s60 search is for "offensive weapons or dangerous instruments". This is not limited to large things such as samurai swords and stun guns (taking examples from certain Sunday papers) but can include razor blades. They _can_ search inside wallets, purses, small pockets for these.
6. They _can_ search personal possessions for dangerous instruments that might be hidded inside and they can also seize prohibited articles such as drugs *. While it is true that Article 8 of the European Convention on Human Rights (ECHR) contains a qualified right of respect for your private life, and that under s6 of the Human Rights Act 1998 public authorities such as the police will be acting unlawfully if they breach any right in the ECHR, it is wrong to see this as doing something as absolute as assuring your privacy.
Before police start searching through personal possessions, e.g. address books, cards in wallet, warn them politely that if they do start trying to read what's in your address book or on the cards in your wallet rather than performing a cursory search, i.e. seeing if razor blades fall out onto the ground from your address book, they will be acting outside their powers and you will stop them.
8. Before conducting the search, an officer must take reasonable steps to communicate their name, number, station, etc. They also have to provide you with a written record of the search, which you should ask for. If they can't provide one straight away they must tell you which police station you can get it from. Police dislike form filling and paperwork particularly when it leaves less time to bash anti-capitalists and then fit them up.
9. Under the Data Protection Act, anyone holding personal data relating to other people (this includes video and photographic footage) has to provide copies to those people for £10, as demonstrated by Mark Thomas on C4. If substantial numbers of people on the Mayday demonstration exercise this right, the police will have to spend their resources on finding footage with those individuals on, in order to collate it and send it to them, rather than gathering intelligence and preparing for arrests.
* Anyone arrested for possession of cannabis should be aware that there is a test case going through the courts on the compatability of cannabis proibition with the Human Rights Act - you should seek advice from Liberty before accepting a caution or pleading guilty.
LEGAL BRIEFING FROM LDMG
Identification
While there is no obligation to carry identification failure to do so may delay your release if arrested. If you do not plan to withhold your details from the police you might as well carry things such as your bank cards.
'Human Rights'
Only a few rights are absolute, such as the right not to be tortured. British courts have been quite stingy in interpreting rights, and the European Court tends to have a hands off approach where there are issues of public disorder.
It's dangerous to start saying human rights give you the rights to do this and that as the rights have to be interpreted in their context. In particular UK courts and even the European Court have been very hands-off and deferential to the police when judging the legality of supposed breaches of the peace.
Section 60 Orders
Police, indeed anyone, can use reasonable force to detain people to prevent a breach of the peace where they fear one is imminent. This was the basis of the effective mass imprisonment at previous demonstrations. It is not an arrest.
The powers in s60 have been used to search people individually as they are being released from the cordon and this is where the confusion stems from.
S60 can be used where a senior cop reasonably suspects there will be incidents of serious violence _or_ that people are carrying dangerous weapons or offensive weapons in a locality (inserted by s8 Knives Act 1997).
1. Once police have released you from the cordoned area, they can _then_ only detain you "for as long as necessary to carry out a search". While in the cordoned area they can detain you as long as they have reasonable (i.e. objectively justifiable) grounds that this is necessary to prevent a breach of the peace.
4. While performing a search they _can_ ask you to remove outer clothing, such as coats and jumpers in public. In addition, s60(4A) - inserted by s25 CDA 1998 - allows the police to force you to remove anything they reasonably suspect you are wearing wholly or mainly to conceal your identity. There is nothing to stop you putting something else on after you have taken off a mask or had it confiscated.
5. The s60 search is for "offensive weapons or dangerous instruments". This is not limited to large things such as samurai swords and stun guns (taking examples from certain Sunday papers) but can include razor blades. They _can_ search inside wallets, purses, small pockets for these.
6. They _can_ search personal possessions for dangerous instruments that might be hidded inside and they can also seize prohibited articles such as drugs *. While it is true that Article 8 of the European Convention on Human Rights (ECHR) contains a qualified right of respect for your private life, and that under s6 of the Human Rights Act 1998 public authorities such as the police will be acting unlawfully if they breach any right in the ECHR, it is wrong to see this as doing something as absolute as assuring your privacy.
Before police start searching through personal possessions, e.g. address books, cards in wallet, warn them politely that if they do start trying to read what's in your address book or on the cards in your wallet rather than performing a cursory search, i.e. seeing if razor blades fall out onto the ground from your address book, they will be acting outside their powers and you will stop them.
8. Before conducting the search, an officer must take reasonable steps to communicate their name, number, station, etc. They also have to provide you with a written record of the search, which you should ask for. If they can't provide one straight away they must tell you which police station you can get it from. Police dislike form filling and paperwork particularly when it leaves less time to bash anti-capitalists and then fit them up.
9. Under the Data Protection Act, anyone holding personal data relating to other people (this includes video and photographic footage) has to provide copies to those people for £10, as demonstrated by Mark Thomas on C4. If substantial numbers of people on the Mayday demonstration exercise this right, the police will have to spend their resources on finding footage with those individuals on, in order to collate it and send it to them, rather than gathering intelligence and preparing for arrests.
* Anyone arrested for possession of cannabis should be aware that there is a test case going through the courts on the compatability of cannabis proibition with the Human Rights Act - you should seek advice from Liberty before accepting a caution or pleading guilty.
LEGAL BRIEFING FROM LDMG
Identification
While there is no obligation to carry identification failure to do so may delay your release if arrested. If you do not plan to withhold your details from the police you might as well carry things such as your bank cards.
'Human Rights'
Only a few rights are absolute, such as the right not to be tortured. British courts have been quite stingy in interpreting rights, and the European Court tends to have a hands off approach where there are issues of public disorder.
It's dangerous to start saying human rights give you the rights to do this and that as the rights have to be interpreted in their context. In particular UK courts and even the European Court have been very hands-off and deferential to the police when judging the legality of supposed breaches of the peace.
Section 60 Orders
