http://www.gypsy-traveller.org/no-mad-laws/):> Hidden within the details of the Legal Aid Bill are provisions that will ensure that the vast majority of Gypsies and Travellers who live in caravans and who need advice on eviction and planning matters will be denied Legal Aid… The continual failure by central and local government to address the provision of sites for Gypsies and Travellers has resulted in a situation where some 25% of the population are homeless. Now, the chances of homeless Gypsies and Travellers establishing a lawful site for themselves are being further undermined by this Bill, which will deny them Legal Aid in planning cases and in eviction cases (see Schedule 1 Part 1 paragraph 27(9) and Schedule 1 Part 2 paragraph 5 of the Bill). Significantly, although these provisions will have a disproportionate impact upon Gypsies and Travellers, the Bill’s Equality Impact Assessment does not mention Gypsies and Travellers at all.
The Future
We have an opportunity here to develop better connections and understanding between our different communities. Whatever communities we represent, we have a chance here to break down barriers and find ways to better understand and respect each other. Building trust takes time. The Travellers at Dale Farm have made the first move by calling for our support, and in letting us come here, into their space, to stand with them. That is a huge act of faith on their part. By coming here you are taking the next step, what happens next is up to all of us.
Legal info and bust card
It‟s really important to know your rights and to look after yourself and those around you. It‟s important to read the following information carefully. During a protest, with police on site, you may be at risk of arrest. It‟s important that you are fully prepared and that you do not unduly incriminate yourself. We need to support each other: even if you do not think you will be at risk of being arrested, you might be able to support others around you if arrests are taking place, so please read the following carefully and note down the important numbers, so that you have them when and where you need them.
This info is taken from GREEN AND BLACK CROSS and is available here:
https://london.indymedia.org/articles/6413
and see: http://greenandblackcross.org for more information.
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BUST CARD INFO: If you are arrested, you are entitled to:
REMAIN SILENT. We strongly recommend you answer „no comment‟ to all questions and during interviews, for your own benefit and that of others. From the moment you are stopped, everything you say is evidence - there is no such thing as a „friendly chat‟. The police are trained to get information out of you, so stay strong.
- Do not sign any statements. - Make sure you are told what you have been arrested for. - You do not have to give your name, address or DOB, but this will delay your release. - However, your photo, prints and DNA can be taken without your consent. - You can have one phone call made on your behalf informing someone of your arrest. We recommend that you ask the custody sergeant to contact GBC Arrestee Support. Tell the police you authorise them to talk to Arrestee Support about you and your welfare, so we can monitor your welfare and hopefully arrange someone to meet you upon release. - Make sure you ask for a translator if English is not your first language. - You can ask for and should be given Vegan or vegetarian food. - Ask for a copy of PACE codes to read (then you will know all your rights in custody). Do ask. - Ask for a medical examination if you feel unwell or hurt. (Inform the custody officer if you are on medication.)
If you are under 17: - You will be required to have an appropriate adult to be present if you are arrested during an interview - The police will ideally want your a parent/ legal guardian for this, but if they are unavailable you can either have a social worker (which we do not recommend), or another responsible adult. This can be any adult, but the police might not agree to someone with a criminal record or on the action.
TO ACCESS FREE LEGAL ADVICE: - If you are arrested for a non-imprisonable offence for which the police do not intend to interview you, you can either speak on the telephone to a solicitor of your choice (for which they may charge – our recommended solicitors have agreed not to) or you will be given the opportunity to get free advice from a legal adviser at a call centre known as CDS Direct (these advisers are probably less good at advising activists) - If you are arrested for or a more serious offence, or one for which you are to be interviewed, you will be able to access a solicitor of your choice for free (our recommendation is below), provided that they can be contacted within two hours. If not, you will be given a duty solicitor. It may be better to „no comment‟ until release and then get good quality legal advice tailored to activists. The police may tell you that it will be quicker without legal advice – we strongly recommend that you always ask for legal advice and use our recommended solicitors:
Hodge, Jones & Allen solicitors: 07659 111 192
- When the police act they should be carrying out a lawful duty, so ask them what they are doing and why - Make a note of what was said, when, by whom, as soon afterwards as possible.
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What to do If you are arrested: - Let Arrestee Support and later let gbclegal@riseup.net know what happens afterwards so we can track outcomes. If you saw/experienced inappropriate police behavior: - Note the officers‟ numbers, find other witnesses - Make a detailed note of what happened as soon as you can. Include the time and date you made it - Complete a witness form asap especially if you saw an incident that led to an arrest, or injury - Consider complaining about the police officer. If you have a serious injury, consult a solicitor first.www.ipcc.gov.uk - Consider writing to your MP www.writetothem.com - Tell everyone you know!
Arrestee Support Dale Farm legal phone on: 07928 669 515
Hodge, Jones & Allen solicitors: 07659 111 192
Birds Solicitors: 07966 234 994
Please note: Legal Observers are not acting as solicitors, their name is not intended to imply they are legally qualified or recognised to act as a solicitor.
On being stopped & searched: You do not have to give your name and address under ANY search power or if stopped for questions - SO DON‟T! (there are limited exceptions - see below) BEFORE ANY search you should be told: - officer‟s name and/or police station - entitled to get a copy of the search form (police can decline to give on the spot if not practicable to do so) - object of the proposed search ie. the legal power being used and what they are looking for - grounds to suspect you (not for s60 or s44) • You do not have to explain why you are there. • The police can only give you a pat down, remove outer clothes (coat, jacket, gloves), search your bags, and have you empty pockets unless go to private area. • You are not required to be actively compliant. You can 'go limp' as passive resistance if you wish. The police can use reasonable force to search. • If not given, consider asking the reason for the search – the legal power, what they are looking for, and what grounds they have to suspect you (not required for Section 60 or Section 44). • Make a note of name, number and police force of the officers searching, what you were told before the search, the reasons given for searching you, how long you had to wait to be searched, the start/end time of the search and (immediately after the search) more detailed notes including the scene before the search. Keep the search record. • You do not have to comply with attempts to photo or record you. The police have no power to collect DNA data during a search. • Seizure of property: no need to give name/address, ask for the evidence bag to be numbered and written on search form. Items found during a search that could be taken under different search power can be seized.
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NB. Police can fingerprint you before arrest if suspect you of an offence and can‟t establish your name and address or think you have given a false one (s61 PACE). Stops for questioning – should be receipted: ask for a record of the search. Police need reasonable grounds to suspect you to search under: • Section 1 PACE, search for articles for burglary/theft, stolen goods, offensive weapons, bladed articles, items may be used for criminal damage. Items can be seized. Police not entitled to read or record personal info. • Section 43 Terrorism Act 2000 If senior officer approves the following powers in a specific area for a period, police don‟t need grounds to suspect you – they are blanket search powers: • Section 60 Criminal Justice Act, to search for offensive weapons and dangerous instruments • Section 44 Terrorism Act 2000. The police only have the power to arrest you for not giving your name and address when asked, if: - you are suspected of anti-social behaviour. This requires reasonable grounds to suspect you have caused, or are likely to, cause harassment, alarm or distress to one or more persons – which can include police - under s50 of Police Reform Act 2002 - you are a driver of vehicle on the road (and date of birth) or if involved in accident or road traffic offence whether in a car, on a bike or as a pedestrian - the police wish to summons you for an offence or issue a fixed penalty notice (arrest under s25 PACE). Occupations The laws on occupying buildings depend on who owns it, whether it is private or public, and your status in that space. Trespass is a civil offence and, for this reason, a police officer should not threaten an arrest for civil trespass. If they do so, ask under what power your arrest is being threatened. Aggravated trespass is a criminal offence. - Section 68 of the Criminal Justice and Public Order Act 1994 describes aggravated trespass as when a person trespasses on land and, in relation to the lawful activities of others, intimidates them so as to deter them from engaging in that activity or obstructs or disrupts that activity in any way. Section 69 gives a senior police officer the powers to order any person believed to be involved in aggravated trespass to leave the land. If such a person refuses to leave after being ordered to by a senior officer or if they return to the land in question within a period of three months, this is counted as an offence. - Everyone can be liable for assault, including police officers, security guards and bailiffs, so make note of all physical coercion that may be used, and contact the GBC legal team:
Dale Farm legal phone on: 07928 669 515
Hodge, Jones & Allen solicitors: 07659 111 192
Birds Solicitors: 07966 234 994
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Avoiding arrest Knowing your rights is essential but avoiding having to spend any time with the police is also a good idea...
To some degree, not getting arrested obviously means avoiding committing potential offences in the presence of police officers, witnesses or CCTV. For criminals, evading arrest generally means not still being spotted at or near the scene of the crime when the cops turn up. However, for protesters, it's not as simple as that. You can't guarantee you won't be arrested just because you think you haven't committed a crime.
Things to consider to reduce the risk of arrest: - Don't take drugs or any kind of bladed object (even a little penknife or craft knife)with you on protest. Check your pockets/bag etc before you leave the house. Leave behind EVERYTHING you'll not need on the protest. - Before arriving at the protest, buddy up with somebody you trust so you can watch each others backs. - Don't drink alcohol during or before protests. - Stay aware and alert. Keep an eye on police movements and and keep track of possible escape routes should the police start to form lines or charge into the crowd. - Avoid engaging in dialogue with the cops during the protest - best ignore them if possible and move on. Heated debates with cops often precede arrest. - Definitely don't swear in the presence of a cop as that might get your nicked under Section 5 of the public order act. (It is an offence under this section „if a person (i) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour or (ii) displays any writing, sign or other visible repre- sentation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress‟.) - If asked to move and threatened with arrest for causing an obstruction then don't argue, just say ok and start moving somewhere else, even if only a few feet away. you can always go back when the cop moves on to harass somebody else. (The obstruction has to be „wilful‟, so you will often be asked to move and if you do not then this will be used as evidence of your „wilful‟ obstruction in court.) - The end of a protest is usually the most risky period. People are tired, some may be drunk, everyone is less alert, the media is gone and it may be getting dark. The cops on the other hand, they may now be out for revenge, or still have a media story to spin, budgets to justify and loads of meat wagons and cells sitting empty. - It's good to leave together on mass if possible, certainly avoid leaving alone. Police may pick people off. If you've been wearing something similar to loads of other people then avoid getting picked off on the basis of mistaken identity by changing into something different.
A shorter one-page bust card is repeated at the back of this pack. Read it. Know it. Use it. Write the numbers on your arm for when you might need them, so you have them ready for your own use, or to pass on to someone else. Dale Farm legal phone on: 07928 669 515 Hodge, Jones & Allen solicitors: 07659 111 192
Birds Solicitors: 07966 234 994
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The unexpected can happen - buddy up and write these on your arm:
GBC Legal to be confirmed on site* Hodge, Jones & Allen solicitors 07659 111 192
Camp Constant legal coordination 07521 834 884
If you see someone arrested and taken into custody, find out their name from people nearby if you can, and contact us.
TAKEN INTO CUSTODY?
STAY CALM * STAY QUIET * YOU’LL BE OUT SOON
You have the right to have a person told of your arrest – this could be a friend or family member, but if you have told them in
advance, we recommend using GBC Arrestee Support. Tell the custody officer you authorise them to speak to us about your
situation and welfare. Then your friends and family can ask us for updates. You have a right to free legal advice – we recommend
Bindmans. Do not use the duty solicitor. When you get out contact let us know!
REMAIN SILENT ‘no comment’ to ALL questions before and after arrest and during interviews. From the moment you are stopped,
everything you say is evidence - there is no such thing as a friendly chat. It is easier to say nothing at all than selectively answering
questions. Say nothing and sign no statements without legal advice.
• You have a right to be told why you are under arrest. • Your photo, prints and DNA can be taken, you will be searched and your
possessions taken. • Give your name and address (and maybe your DOB but nothing else) to the custody officer AT the police
station. • You have a right to see a doctor if sick or hurt. • Do exercise your right to read the PACE code about how you should be
treated in custody. • If you are under 17 you will have to have an appropriate adult if you are interviewed (parent/legal guardian or
another responsible adult, don’t agree to a social worker, GBClegal may be able to help.)
You do NOT have to give your name or address under ANY search power or if stopped
SO DON’T!
The police only have the power to arrest you for not giving your name and address when asked, if:
1. you are a driver of a vehicle on the road (and date of birth) or if involved in accident or road traffic offence whether in a
car, on a bike or as a pedestrian
2. you are suspected of anti-social behaviour (reasonable grounds to suspect have caused, or are likely to, cause harassment,
alarm or distress to one or more persons – can include police but higher threshold) under s50 of Police Reform Act 2002. May be
trying it on, so can say will give it when get to custody desk.
3. the police wish to summons you for an offence or issue a fixed penalty notice (arrest under s25 PACE)
On being stopped & searched
• You do not have to explain why you are there. • You do not have to co-operate with attempts to photo or record you.
• The police can only give you a pat down, remove outer clothes, search your bags, and have you empty pockets, unless they take
you to a private space. • You are not required to be actively compliant. You can 'go limp' as passive resistance if you wish. The
police can use reasonable force to search.
Before being searched you should be told: 1) officer’s name and/or police station 2) that entitled to copy of the search form (police
can decline to give on the spot if not practicable to do so) – ask for and keep the search record 3) legal power being used and what
they are looking for 4) grounds to suspect you (not for blanket search powers)
For these powers the police need reasonable grounds to suspect YOU:
• s1 PACE, to search for articles for use for burglary/theft, stolen goods, offensive weapons, bladed articles, items that may be
used for criminal damage. Nature of search should relate to what they are looking for and why they suspect you. So always
check what they are searching for and why and challenge them (eg. read from your phone when they said they were looking for
offensive weapons).
For these powers, police don’t need to suspect you – these are blanket search powers:
• s60 Criminal Justice Act, to search for offensive weapons and dangerous instruments. (Masks - If s60 order is in place police
can require you to remove any item reasonably believe used wholly or mainly for purpose of concealing identify or to seize any
item reasonably believe you intend to wear wholly or mainly for that purpose. Can arrest you if you refuse. )
Inappropriate police behavior?
When the police act they should be carrying out a lawful duty, so ask them what they are doing and why. Record all the details of
what happened. Find other witnesses, especially people videoing, call or email gbclegal@riseup.net, especially if you saw an
The unexpected can happen – buddy up and write these on your arm:
Dale Farm Legal Observer phone: 07928 669515
Birds Solicitors: 07966 234 994 / Hodge, Jones & Allen solicitors 07659 111 192
