Section 60 serches or just ID checks?

Does anybody have any hard facts about Section 60?

If you offer no ID or don't "give" a name/address/DOB etc. What will happen? You have done nothing wrong, so will it be a night in the cells and released within 24hrs?

If enough people refuse the cells will soon fill up.

A tricky one but more legal info required - Anybody have any?

Under section 60 they can search you for weapons ONLY.You do NOT have to give your name and address. They can only search bags and outer garments. They might ask to see inside your wallet (e.g. for razor blades) but you do NOT have to show them your I.D. They have no right to read anything you may be carrying. If they ask for your identity, refuse. You can tell them you have a right to privacy under Article 8, UK Human Rights Act 1998.

The police cannot look inside your wallet as it is not a bag etc... It is an item - so they can only note down that you have a wallet.

Also, YOU DO NOT HAVE TO GIVE DETAILS AND CANNOT BE ARRESTED/DETAINED IF YOU DON'T.

If they threaten you with arrest, ensure you have the details of the officer - as you can sue the police using the same methods as wrongful arrest.

If they do arrest you - it will not be under section 60. Most likely under section 5 or breach of the peace. They only have the right to hold you for 6 hours - unless given special permission to hold you for longer - in which case you can sue them for a lot more (over 6 hours).

Also, try and have a dictaphone on you. Record what they say - it will be useful.

If they 'confiscate' anything other than weapons (or even weapons), demand a receipt. If they do not give you one then again, sue them (and/or place a complaint of theft against them).

You have the right to be given a receipt announcing that you were searched by the police - if they don't give you one then they are breaking the law.

Good sites for info:

 http://www.freebeagles.org
 http://www.g8legalsupport.info

Re: the article on Section 60 searches: a comment in the article mentions that PC JI 857 can't spell.

The article is headed with 'serches', it refers to a 'UD card' bill and 'Scotish', the 'centre' is spelled 'center' (I thought this was Indymedia UK!!) and when I came to post this comment I was invited to add a 'coment'.

I'm no proof reader and I'm not picking holes for the sake of it, but if we are to pick others up on things, we must get them right ourselves.

I realise that to many this will seem fussy. However, it is a very easy thing to attack a political opponent with allegations of ignorance or inconsequence through an inability to express themselves "formally". Beware spelling mistakes - they are, as the article rightly points out in respect of the police officer involved, clumsy, unnecessary and potentially damaging. From small seeds................................................

if you haven't got a dictaphone then use the mobile phone record button. Keep the mobile handy once the Police stop you it's going to be diffcult to which it on.

I've been section 60 searched on a protest on Park Lane. Even though they did not take anything from me they still gave me a reciept. So it would seem you are entitled to one regardless of whether the confiscate anything. The reciept stated what I had been serached for, where, when and who by.

M

I got section 60 searched and they made me give my name, and took my cannabis and threw it on the train tracks, they searched down the back of my boxer shorts waistband in front of everyone in the train station.