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The Rule of (Their) Law: Repression of Political Protest Beyond SOCPA

Campaign for Free Assembly | 22.05.2008 13:46 | SOCPA | Repression

This is a summary of other legislations being now used to repress free assembly and political protest in the UK, apart from the one contained under the Serious Organised Crime and Police Act 2005 (Sections 128-138 and 145-149)

• Sections 11, 12 and 13 of the Public Order Act 1986 force organisers to give the police written advance notice of a procession, give the police power to impose conditions on processions, including conditions as to the route of the procession or prohibiting it from entering any public place, preventing leafleting and censoring banners or placards. Section 13 also gives the Police the power to ban a procession. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine. A ‘procession’ is any two or more people moving in the same direction.

• Section 14 of the Public Order Act 1986, as amended by the Anti-Social Behaviour Act 2003, contains a similar power for public assemblies, allowing conditions to be put on the number of people who may take part, the location of the assembly, and its maximum duration. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine. An ‘assembly’ is any two or more people with the same idea, standing still.

• Section 68 of the Criminal Justice and Public Order Act 1994, as amended by the Anti-Social Behaviour Act 2003, prevents any demonstration on private land, including semi-public spaces like shopping centres or the whole of Canary Wharf. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine.

• Section 44 of the Terrorism Act 2000 allows police officers to search anyone in a public place for placards, leaflets or other protest materials, without needing any grounds for the search. Maximum penalty for refusal to comply: six months imprisonment and/or £5000 fine. Any details for e.g. bank cards, Oyster, driving license will be recorded.

• Section 60 of the Criminal Justice and Public Order Act 1994, as amended by the Anti-terrorism, Crime and Security Act 2001, contains a power which can authorise police officers within a given area to stop and search for offensive opinions. Maximum penalty for refusal to comply: one month imprisonment and/or £2500 fine.

• Section 50 of the Police Reform Act 2002 allows police to demand the name and address of anyone suspected of demonstrating. Maximum penalty for refusal to comply: £1000 fine.







Campaign for Free Assembly
- e-mail: freeassembly@riseup.net
- Homepage: http://freedomofassembly.blogspot.com/

Comments

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section 50

22.05.2008 21:24

although police like to think they can do this, section 50 does not give a blanket power to demand name and address.

Section 50 - Section 1 of the Crime and Disorder Act 1998 permits certain 'relevant authorities' (as to which see sections 61 and 62 below) to apply for anti-social behaviour orders, which deal with persons acting in an anti-social manner. Acting in an anti-social manner is defined as a manner that causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household. This section provides uniformed police officers with a power to combat such anti-social behaviour.

Power to require name and address
Subsection (1) of this section provides a uniformed constable with the power to require a name and address from a person he believes has been acting, or is acting, in an anti-social manner. Subsection (2) makes it an offence for a person to fail to give his name and address when so required, or to give a false or inaccurate name. The offence is punishable, on summary conviction, by a fine not exceeding level 3 on the standard scale (currently £1000).

see  http://www.youtube.com/watch?v=nyLmvrTwZ34 for an amusing verification of this

unfortunately, everything else listed is pretty much true!

rikki
mail e-mail: rikkiindymedia[AT]gmail(d0t)com
- Homepage: http://www.socpa-movie.blogspot.com


Yes but ...

23.05.2008 07:05

Further to the section 50 clarification made by rikki, you should make sure you know the law (like the guy in the youtube clip) and challenge any attempts to repress freedom of speech. So for example, both the section 12 and section 14 orders, although overused and under-understood by police, are provided in the Public Order Act 1986 "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community". If you're just standing with a placard then there is no chance of you causing any disruption to anything so it's well worth a challenge.

Challenge, complain, sue, but most important, keep on demonstrating!

No Pushover