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OPERATION CABINET 3
Police Gold Strategy
Dale Farm
19th September 2011
Strategic Statement
This strategic statement has been written having taken account of the overarching GOLD Strategy produced by Executive Director D. SMITH Basildon Borough Council (BBC).
It has been set (is conceived) with regard to our overarching duty of care to those living, working and visiting the county. It relates to the communities living on and around the Dale Farm site and the communities of the rest of Essex.
Whilst maintaining the Queen’s peace and ensuring public safety, we also have a duty to prevent disorder and crime. Where any crime is reported to Essex Police we will carry out a proportionate investigation.
Strategic Objectives
Essex Police will seek:
To maintain the Queen’s peace;
To work with BBC and partner agencies to maximise the safety of the communities, employees/agents and police, by ensuring positive action is taken to prevent crime and minimise disorder;
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To minimise disruption to people living, working or visiting the county, and to the local communities on and near to the site by engagement with support groups and community leaders, identifying their needs and expectations;
To keep the community and partners informed (within the confines of security);
To comply with our positive obligation under the Human Rights Act 1998 to proportionately police peaceful assembly, freedom of expression and protect the rights of all involved in legitimate activity;
To minimise disruption to the strategic road network;
To proportionately respond to unauthorised encampments.
Supporting Rationale for the Strategic Intentions
To maintain the Queen’s peace and:
Together with BBC and partner agencies we will maximise the safety of the communities, employees/agents and police, by ensuring positive action is taken to prevent crime and minimise disorder.
These are core responsibilities for the police. It is our duty to minimise disruption from unlawful actions.
If offences are committed or it is reasonably considered that they are about to be committed, our response will be proportionate. Arrests will be made at the time if the general arrest condition is met, the arrest is necessary and the offence is so serious that disposal by summons action, FPN or warning is not appropriate. We will also consider the timing of any such arrest or disposal, which may be more appropriate at some suitable later date.
The tactics will include provision for adequate resources for lawful evidence gathering and retrieval.
Essex Police is committed to minimising criminal activity and anti-social behaviour and will work with any organisers/participants, residents and other agencies to respond to and prevent the opportunities for this type of behaviour.
The presence of large numbers of people on the site, together with their property, will increase opportunities for crime. We will work together with the residents, protest organisers and the communities to minimise criminal opportunities.
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We will maintain an appropriate level of policing in the rest of Essex by using mutual aid in support of this operation as is appropriate to the situation.
We will consult and engage with the lead authority (BBC), emergency services, communities, government bodies/organisations and other relevant legitimate groups or individuals.
We will be clear of our responsibilities and ensure that our partners and communities are aware of our role.
We will reassure the public by implementing appropriate tactics to prevent disorder, minimise opportunities for crime and provide an appropriate response to spontaneous incidents, dealing with disorder at the earliest opportunity.
To minimise disruption to the local communities on and near to the site by engagement with support groups and community leaders, identifying their needs and expectations and:
To keep the community and partners informed (within the confines of security).
We will establish and maintain effective communication with protestors, residents, businesses and community groups whilst developing and implementing a police response.
We will engage with the media and brief appropriately. Local, national and international media will show sustained interest in Operation Cabinet. The reputation of the force and British policing will come under intense scrutiny.
We will inform local MPs, local authority chief executives, county and district councillors and Essex Police Authority members of key decisions.
We will ensure SIAG and local IAGs are engaged. We will seek to engage broadly with diverse groups.
We accept that peaceful protest and assembly may at times cause a level of obstruction and disruption to normal everyday activity.
Any force used will be proportionate and only to the minimum necessary. The use of force, or decisions regarding the use of force, will be documented, together with a record of the directions given to protestors.
The site is adjacent to a major road and the presence of large numbers of people assembling in a given place is, by its very nature, dangerous and likely to cause disruption to vehicular and pedestrian traffic. The right of individuals and groups to express themselves may lead to some disruption in the form of highway obstruction and the need to divert traffic. We will aim to keep any
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disruption to a minimum, considering the rights of those who protest or gather to express themselves.
The impact of a peaceful protest on a major road may be considerable. Consideration of the risk to life, economic impact and the effect such a protest would have on the broader community must be weighed against the right to protest. If Silver decides to remove a peaceful protest from the highway he/she will audit the rationale.
To comply with our positive obligation under the Human Rights Act 1998 to proportionately police peaceful assembly, freedom of expression and protect the rights of all involved in legitimate activity.
Freedoms of assembly and expression are key elements to any protest or gathering and are fundamental elements to our democracy. We must be careful that our actions do not dissuade people from feeling they can assemble or express their views. These rights must however be balanced against foreseeable risks that may cause loss of life or serious injury. These risks include: machinery working on the site; vehicular traffic; crushing from bodily pressure; impact from missiles; fire and injuries sustained within incidents of serious disorder.
The use of police powers (both from legislation and from common law) will be considered in accordance with the Human Rights Act 1998, in particular Article 2, the right to life; Article 3, prohibition on torture and inhuman treatment; Article 5, the right to liberty; Article 8, the right to respect for private and family life; and Articles 9, 10 and 11, freedom of religion, expression and peaceful assembly. We will also consider the recommendations made in the HMIC report Adapting to Protest and Nurturing the British Model of Policing (2011).
Where there is a breach of the peace or the risk of an imminent breach of the peace, we will take proportionate action or apply conditions to individuals or groups as necessary in order to minimise that breach or risk of breach of the peace. The rationale, detailing why the action was taken or conditions applied were considered necessary in the specific circumstances, will be documented and include the legal power used.
Police have powers to impose conditions in certain circumstances and if the relevant threshold is likely to be met, we will consider the appropriate use of section 12 and 14 of the Public Order Act 1986.
Operational Gold Commander Chief Supt STOKES
Silver Commander Supt LOGAN
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Guidance for Implementing the Strategy
The Operation Cabinet (Police) Silver Commander will decide upon the tactical policing response, including policies in relation to arrests and the use of specific legal powers in any given situation. This decision will be made in the light of the strategic objectives but based upon the prevailing circumstances at that given point in time. We will deploy appropriately trained and briefed resource. An audit will be made of all operational command decisions.
Signed……………………………ACC Chief Officer lead