UK Newswire Archive
The puppet show in Libya has been set - here are the actors..
23-03-2011 22:27
Obama’s War in Libya
23-03-2011 21:30
Chiapas/Zapatista News March 2011
23-03-2011 20:26
Further escalation of violence and repression against the organized communities of ChiapasEqinox Sabotage at Broken Cross Open Cast Coal Mine
23-03-2011 18:35
On Equinox night last Sunday two huge graders at Broken Cross Open Cast Coal Site in South Lanarkshire were trashed. One of them was as big as a three story building and used to load coal on to lorries, headed for railheads and power stations. Hydraulics, electrics and steel cables were cut, and anything breakable was broken. They won't be used for a while.The Revolution in Britain Will Overthrow the Capitalist System For the Children
23-03-2011 18:03
March 26th: Police and personal details
23-03-2011 17:22
A brief outline on the legal situation in terms of providing police with personal details that may be useful during March 26th demo. Here’s the position as we see it (in England and Wales anyhow).
You do not have to give your name and address unless under a specific legal obligation (Rice v Connolly 1966). Refusal to give your name and address cannot amount to obstructing the police in the course of their duty under s89(2) Police Act 1996 but giving a false name and address can (Ledger v DPP 1991). Note this is pre-Human Rights Act and the case has been criticised by legal academics and not surprisingly as the defendant said his name was “Freddie and the Dreamers”. In general you can use any name you like unless it is for an illegal purpose. There are however a number of laws which make refusal or giving a false name and address to a constable a crime (see below). All have a maximum penalty of a fine.
Kettles
You DO NOT have to give your name and address as a requirement of being allowed to leave the kettle. The cops often ask people for their name and address as a condition of leaving a kettle. Frequently in conjunction with a search for weapons under section 60 Criminal Justice and Public Order Act 1994 and a demand to remove masks under s60AA of the same act. As they have to fill out a stop and search form it makes it look more official and tricks many people into giving details they don’t have to. Kettlings legal basis is totally separate from stop and search being the common law duty to prevent a breach of the peace (Austin v Met Police 2009) and also gives no power to take people’s name and address.
The cops presumably will claim that being willing to give your name and address makes you less likely to breach the peace and thus can be safely released but this has not been tested in court. It seems feeble reasoning but the courts give the cops great discretion in carrying out their duties however dimwittedly they do so. For example in the very first kettle at Euston 30th November 1999 the cops asked people if they had come to protest peacefully or violently
Stop and Search
You DO NOT have to give your name and address, whatever type of search is carried out. This includes s43 & s44 Terrorism Act 2000, Section 60, Conservation of Seals Act, Protection of Badgers Act, the lot.
Arrest
If you are reasonably suspected of a crime a cop may arrest you if, and only if, it is necessary for a reason listed in s24 Police and Criminal Evidence Act 1984. One of these is if they cannot ascertain your name or address. In theory for a section 50 you could be arrested on this ground, then give your details released by the police and then summonsed for not giving your name and address! You are under no legal obligation to give your name an address at any stage in the police station.
Some situations where you are obliged to provide details:
1. Anti Social Behaviour (s50 Police Reform Act 2002)
- If you are reasonably believed to be committing anti-social behaviour. Anti social behaviour is defined as behaviour likely to cause Harassment Alarm or Distress the same as the offence under s5 Public Order Act 1986. Given that, any prosecution should be tied to a s5 (or more serious) offence. A stand alone case seems to invalidate the “reasonable belief” as if the constable had reasonable belief (a higher standard than the reasonable suspicion he would require to arrest for s5) why isn’t it being prosecuted? Presumably because the Crown Prosecution Service don’t think his belief credible enough to give at least a 50% chance of conviction.
We know of no test case on section 50. If and when one arises we imagine the following arguments to be used on appeal against conviction disregarding disputes as to the facts.
- Necessity. You didn’t want to give your address to the police as you feared it would be used by them to harass you or they would give it to the press or far right groups making you vulnerable to attack.
- European Convention on Human Rights (ECHR) Article 6 – Fair Trial. The argument is you should not have to incriminate yourself by remaining silent. This failed in Strasbourg for a motoring case but this may be different.
- ECHR Article 8 – Privacy and Family Life. Intrusions have to be not only lawful but “proportionate” and “necessary in a democratic society“.
- ECHR Article 10 & 11. Freedom of Expression and Freedom of Assembly. Being forced to give your details on a demonstration would have a “chilling effect” on legitimate protest.
2. Driving (Road Traffic Act 1988 s163-168)
- If you are the driver of any vehicle including pedal cycles you can be required to give your name, address and date of birth.
3. Obscure
- Pedestrians reasonably suspected of failing to obey directions of a constable directing traffic (s37 Road Traffic Act 1988) who fail to give details commit a crime under s169 Road Traffic Act 1988
- If you are a reasonably suspected of poaching in daytime ( s31-31A Game Act 1831)
- disrupting a public meeting (Public Meeting Act 1908) or
- disrupting an electoral meeting (S97 Representation of the People Act 1983)
- Pedlars must give their name and address on demand to a constable (S17 Pedlars Act 1871)
Police Community Support Officers
- There are different rules for PCSOs bizarrely giving them wider powers than the police to demand your name and address if they reasonably suspect you of certain offences or anti-social behaviour (schedule 4 Police Reform Act 2002)
http://www.freedompress.org.uk/news/2011/03/23/march-26th-do-i-have-to-give-the-cops-my-name-and-address/
Palestine Today 03 23 2011
23-03-2011 16:56
Israeli Propaganda Week - Thursday March 24th
23-03-2011 16:42
This week, the Israeli government is sending 25 Israeli students to Birmingham University campus to spread pro-Israel propaganda. This initiative, called " Israel Awareness Week" is being deliberately timed during "Israeli Apartheid Week"*, to argue the case for Israel.Between Tuesday and Thursday this week there will be a marquee on campus outside the main library promoting Israeli culture and portraying Israel as a peace-loving country.
The Israeli delegation will arrive on campus on Thursday and will be leafleting outside the library.
Flyering (& singing) for M26 Demo
23-03-2011 15:58
There is a Sound meeting at room 305, 272 High Holborn on Thurs Mar24th at 2pm. The Sound group urgently need people to join in the singing etc and help hand out flyers alerting people to other events on the day at the start of the March the Embankment at 11am.What is the alternative?
23-03-2011 14:31
Can someone fron the TUC or unions please explain what alternative is proposed...Syrian protest movement , At least four dead in fresh Syria violence
23-03-2011 13:37
Residents say the victims were shot dead in an attack on the city’s Omari mosque in the early hours of the morning, where protesters had gathered.
Sleep-in at Trafalgar Sq against proposed ban on rough sleeping
23-03-2011 13:26
Westminster have proposed a new byelaw to ban rough sleeping and the provision of free food in public spaces in the borough. A mass sleep-in is being organised to protest the ban, which is due to take place at 7pm at Trafalgar Square this Saturday, 26th March.Notts SOS Newsletter #4 March/April 2011
23-03-2011 13:25
Issue No. 4 highlights NHS, Academies and Save Sherwood Forest local campaigns. Previous newsletters are here: No. 3 - Feb 2011 No. 2 - Dec 2010 & No. 1 - Nov 2010
The Black Fish need a boat. Will you help us?
23-03-2011 13:15
End the US-led Armed Intervention in Libya
23-03-2011 12:34
Full article | 1 addition | 3 comments
Breaking news ... 20 women locking on at Downing Street!!!
23-03-2011 12:22
This just in ...Green Investment Banksy decorates the entrance of the Treasury
23-03-2011 12:18
BBC to be funded by US State Department.
23-03-2011 12:02
The BBC World Service division, responsible for foreign language broadcasting of "news" into other nations around the world, has approached the US State Department for funding.
