in light of recent events in the uk, thought i’d share this handy guide i put together following a protest rights training session recently.
KNOW YOUR RIGHTS
The role of the police is to minimise destruction and uphold the status quo. Activism and protest is inherently antagonistic to this. The police are therefore given a lot of leeway to prevent action.
FIVE KEY MESSAGES
1. NO COMMENT – police will ask questions in an attempt to gain incriminating evidence. The best way to prevent this is to reply “no comment” to any questions. Ensure that you are consistent in this, as otherwise you will be treated with suspicion. Police will try to pressure or deceive you into giving information – you are not required to by law. Exceptions to this are:
Ø If you are given a Fixed Penalty Notice
Ø If you breach covid regulations
Ø You may wish to give your D.O.B., address and name when arrested at the Custody Desk in order to speed up your release. If you do not give this information, police are allowed to detain you for up to 72 hours.
2. NO PERSONAL DETAILS – police all over the country are trying to create a database of protestors. Do not give away any personal information which could be useful for this. Exceptions to this are:
Ø As above
Ø If you are a foreign national, you are required to disclose this if asked
3. UNDER WHAT POWER – if an officer ask you to do something, ask whether you are legally obliged to do so. If they say yes, ask “under what power?”
4. NO DUTY SOLICITOR – a duty solicitor is the solicitor based in a police station. The police will offer to put you in contact with them. However, they usually have little experience in protest law – instead, you should call a solicitor from your bus card. This call is free, no matter what the police may tell you.
5. NO CAUTION – a caution is an admission of guilt, which will stay on your legal record. Officers will offer you a caution as it an easy win for them; they don’t need further evidence than your acceptance. Only accept a caution if advised to do so by your solicitor.
POLICE TACTICS
Police will act differently across the country and in different situations. Even if an action is peaceful, police may not respond peacefully – especially if those protesting are from marginalised groups. Furthermore, police will not necessarily act lawfully. However, the below tactics are commonly used in protests and political actions.
Ø Police liaison officers – these are normal police officers with different training, who can be identified by their blue bibs. They tend to act in a friendly way and try to chat with protestors, in order to gather information via jigsaw surveillance (taking comments from multiple people in order to build a case/information). If you are approached and spoken to by one, reply “no comment” to any questions asked, no matter how innocent it sounds.
Ø Sections 12 and 14 – if a public order is given by police officers, turn away. Do not accept leaflets from officers. You can be prosecuted if it is indicated that you are aware of a public order being given, but by turning away from an officer and starting a chant, or refusing to take any leaflets, you can prove that you were unaware.
Ø Breaking up protestors – police will do this physically, or, more dangerously, through labelling some protestors “good” and others “bad”. This is intended to encourage protestors to self-police and snitch, and breed division. Don’t trust an officer – show solidarity with your fellow protestors and don’t engage with police. Remember – NO COMMENT.
Ø Kettling – kettling is when police officers will trap a crowd in a space in order to prevent them from moving. There is no time limit, and no requirement for police to provide food, drink or sanitation. They will often ask permission to film you or to take your details in order to release you from the kettle. Do not do this. Return to the kettle and wait it out. If enough people refuse to comply, the police will eventually end the kettle.
Ø Quoting Section 50 – police will quote this in order to ask for information. Remember to ask if you’re legally obliged to provide information, and under what power. If you are arrested, call the Green and Black Cross Helpline.
Ø Filming and photos – police will carry out surveillance and may ask to film you. You do not have to accept. Similarly, you are generally not obliged to show them what you have filmed – always ask under what power. However, it is impossible to completely avoid being filmed or photographed. Therefore it is a good idea to wear some form of face covering (masks, glasses, hats) and no easily identifiable clothing.
Ø Stop and Search – S&S powers are only supposed to be used to prevent crime or provide evidence that a crime is about to be committed. Most S&S that takes place in the UK is illegal, and generally used to harass or humiliate people. If a police officer tells you they are conducting a S&S, tell them “I would advise you to go wisely, officer”, in order to communicate that you are aware of your rights. There are two acronyms to remember when being searched.
1. SEARCH – stay calm – eye contact – ask questions – receipt and record (get a bystander to film, or film it yourself – however, if you pull a filming device out of your pocket, do so slowly and tell the officer what you are doing) – confidence – hold to account (ring Green and Black Cross)
2. WWWW – ask an officer who they are (make sure to get their ID and police number), why they have stopped you, what they are looking for, and where they are from (as in which police station)
You are not obliged to give personal details during a S&S
KEEPING OURSELVES SAFE
There are several ways to keep yourself safe during action:
Ø Use secure methods of communication to discuss action, especially during Covid as protests are unlawful. Discuss action online as a hypothetical. Make sure to use encrypted methods of communication, such as Signal.
Ø Never claim to be an organiser, or admit a role in the protest. Similarly, never call someone else an organiser.
Ø Don’t use the terms arrestable or unarrestable.
Ø Carry a bus card at all times.
Ø Be careful of what you carry, and don’t bring anything that isn’t completely necessary. Don’t bring anything with ID, and ideally don’t bring a mobile phone (if you have to, bring either a burner phone, or disable face/touch unlock/ID and notifications). If you have to bring medicine, put it in pharmacy packaging.
Ø Make sure someone is aware that you’ve gone. Establish a time you plan to check in with them/return, so they know what to do if you don’t.
WHAT COULD YOU BE CHARGED WITH?
Ø Criminal damage – criminal damage does not need to be permanent (eg. chalking pavements/buildings can be counted as C.D.), and disruption to business (such as setting off fire alarms) also counts. There is a big range in fines issued, usually proportionate to the damage done. A C.D. charge will stay on your legal record.
Ø Trespass – trespass is only criminal when aggravated (when you have been asked to leave and refuse to do so). This is normally fined.
Ø Obstruction of public highway – a public highway is not just a road, but includes pavements, paths and grass verges. It is normally fined.
Ø Threats/causing offense – this can be charged on vague evidence. For example, banners or placards which could be construed as offensive or threatening could be counted as evidence.
Ø Obstruction/mishandling of workers’ tools – for example chaining oneself to tractors etc. This is normally fined.
Ø Conspiracy – evidence that you plan to do some action can be charged even if the action doesn’t take place. To avoid this, make sure you plan action securely – never discuss anything on social media/texts that you wouldn’t want a judge to read in court.
Ø Covid legislation – you can be fined for breaking covid rules. Fines for organisers are £10k, and £200 for individuals (this is reduced to £100 if you pay within 14 days). If you receive a Fixed Penalty Notice, speak to a solicitor before paying. Courts have recently been sympathetic to protestors, considering the right to protest in cases.
Ø Fixed Penalty Notice – before issuing a F.P.N., a police officer must follow the four Es: Engage, Explain, Encourage (you to leave the area/stop) and Enforce.
Ø Disruption against public – to avoid being charged with this, gather bystanders to support you – this can be used as evidence in your favour.
ARREST
Being arrested can be an incredibly scary or emotional experience. Psychologically prepare yourself for it, and ensure that you have a support network for the aftermath.
Arrests generally process as follows:
1. You are detained by an officer. This ends one of three ways – either you will be held and released after giving information, offered a caution, or taken to the police station. The following points refer to the third possibility.
2. You are taken to the station. You will be handcuffed and transported in a police vehicle, often with other protestors. During the journey, don’t talk to other protestors, and remember no comment.
3. At the station, you will be subjected to a pat-down search. You can request an officer of the same sex to do this, and the police must do what they can to accommodate this. Police can ask you to remove items of clothing. When in a public space, this is limited to outer articles (not including shoes). If they ask you to remove anything else, they must provide a private space in which to do it.
4. You will then be booked in. The police will take away your personal belongings and take you to the custody desk to give your details. You may wish to give your date of birth, name, and address, in order to speed up your release. Police will also ask you to provide DNA, photos and fingerprints. They can only use “proportional force” to do so – however, what this actually entails is incredibly vague. Do whatever is best for your personal safety.
5. You will be able to make calls for free at the station, as you have the right to inform someone of your arrest. Make your first call to the Protest Support Line (07946 541 511) – they will be able to inform your family or anyone else necessary of your situation.
6. The police will offer to put you in contact with a duty solicitor. Decline, and use your bus card to contact a solicitor experienced in protest law.
7. The police will then try to interview you. Always answer questions with “no comment”, even at a so-called “informal interview”. Make sure that the interview is conducted with your solicitor, and ask them to tell you to say “no comment”. They may prepare you a short statement, but otherwise give nothing away. Officers will try to manipulate you into sharing information or proceeding with the interview without a solicitor. Don’t be fooled – respond with “no comment”.
8. Entitlements – while detained, you are entitled to food (in line with religious/dietary requirements), hot drinks, and warmth. If you are ill, you should tell an officer. They have a duty of care while you are detained. Ask an officer for the Pace Code of Practice leaflet, to show that you are aware of your legal rights – this will discourage them from trying anything.
The card you need on you is a bust card, not bus card
black and green cross provide bust cards to print for throughout uk ex scotland and general advice to protest and law inc under covid
SCALP is a guide to scottish law inc protest under covid, bust card
