LEGAL INFORMATION

Identification: 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. Any picture or video image can be used in evidence against you. Even right-on photographers can have their films seized & the cops regularly get court orders after protests. Be aware of all cameras (CCTV, police, plainclothes, media and even other protestors). Wearing masks is not illegal. However a senior cop may order that masks he removed (this may be communicated by a junior cop). Refusal to do so becomes an offence.

'Human Rights': Everyone has the right to freedom of expression -- Article 10 This means that there is freedom of speech (e.g. banners, leaflets, slogans etc.), Everyone has the right to freedom of assembly-- Article 11: This creates the right to protest, picket, hold a sit-in, demonstrate and march, in both public and private areas (in Steel and Others v UK the European Court ruled that it was a breach of Article 11 to remove 3 protestors from outside an arms fair in London). The purpose of the assembly is irrelevant; the only limitation is that there must be peaceful intent (even if disorder results). Article 11 also confers the right to hold meetings, marches and demonstrations on the public highway. This was confirmed in Anderson and Others v UK, which distinguished protesting from hanging out just for social purposes.

Searches: The police must have reasonable suspicion that you are carrying drugs, weapons, stolen items etc. before they search you, so ask why you are being searched and ask for a written record afterwards. 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. You have the right to be searched by a cop of the same gender.

Section 60 Orders: These were used at Euston on N30 and again on Mayday. In short it can be defined as the power of the police to stop and search in anticipation of violence (our emphasis). The first thing to note is that actual violence is not required. If a superintendent (or an inspector if a superintendent is not available) believes that incidents involving violence are likely to occur and it is expedient to do so to prevent their occurrence, he may give authorisation to stop and search people and vehicles within a specified area for up to 24 hours. Therefore the cops can stop people and vehicles and search them for weapons or dangerous instruments. No suspicion that the person or vehicle has weapons is required. Any weapons or dangerous instruments may be seized. The cops can also require that any item be removed which the cop thinks is wholly or mainly for concealing identity (e.g. masks and hats). Any person failing to stop may be arrested. In reality s60 has been used to keep people confined (even tourists in Trafalgar Square) and gather evidence. The legality of this is being challenged. What s60 does not do is give the cops the power to take your name and address or your photograph, conduct intimate searches, or search things like wallets and purse., which are too small to contain a weapon.

Dealing with the cops: This is largely a matter of common sense and depends on the exact circumstances. However, here are a few tips: Be calm and assertive.. Ask to speak to a senior cop (PC's know nothing anyway). Try not to lose it or
swear (this may also be used as an excuse to arrest you). Lay off the drink (this may be used as an excuse to arrest you). Keep a watchful eye out for other cops and other protestors. Look after each other.


Laws often used against us: Don't be scared by the list of offences, most of them are minor matters. Knowledge of them is useful.

Breach of the Peace (a common law power): Breach of the peace has a specific meaning. It applies where harm is done, or threatened to be done or likely to be done to a person or in his presence to his property. The cops don't usually know
this. It does not mean just making noise etc. If the cops say there is a breach of the peace, try to find out who they think is being harmed, threatened, likely to be etc.

Obstruction:
1) Obstruction of a public highway (section 137 highways Act 1980) Public highways are roads, pavements and dedicated rights of way. This does not include private property. Remember land in front of buildings is often private, even if sometimes it looks like the pavement.
2) Obstruction of a police officer in the course of his duty (section 89(2) Police Act 1996). The crucial thing here is that the cop must be acting in the course of his duty. This does not mean everything a cop does. For example if you are told to move and you refuse, you cannot then he obstructing a police officer in the course of his duty if there was no law requiring you to move in the first place.

Public order offences (Criminal Justice and Public Order Act I994): These are a range of offences from 'causing harassment, alarm or distress' (section 5), 'using threatening words and behaviour' (s4), affray (s3), violent disorder (s2) to riot (s1). The distinctions between these definitions are minor and it is largely arbitrary what you are charged with. Apart from s5, they are all considered to be serious, and if you are accused of any you will be arrested, so there is little point in trying to debate the finer points. If the cops claim that you are causing harassment, alarm or distress, try to find out who you are supposed to be causing it too.

Criminal damage (section 1 Criminal Damage Act 1971): Without lawful excuse destroying or damaging property belonging to another. This can even mean grass (but not wild plants!) and chalking the pavement!


[This pamphlet was handed out at the Labour Party Conferece Protest on Sunday 30th September, 2001. There were two telephone numbers for legal advice written at the bottom which have been removed. If you wish to contact a lawyer or have the number of a lawyer handy for a march, please contact Schnews, who should be able to help you.]

Please note SchNEWS is not a legal advice line, so please don't all contact us with your problems (although we will help if asked).

Also the difference between the various bits of the Public Order Act are major: Riot (max 10 years in jail) and Harassment Alarm and Distress is max 6 months or a fine.
There's a difference between civil insurection and shouting at someone!