A legal briefing leaflet has been produced, ahead of tomorrow's Mass Act of Defiance demonstration in Parliament Square, starting at noon.
For more info contact the Mass Act of Defiance Group:
e-mail: massactofdefiance@fastmail.fm
Download the Legal Briefing (.pdf)
Text of the Legal Briefing leaflet:
PROTEST IN DEFIANCE OF THE SERIOUS ORGANISED CRIME AND POLICE ACTread this leaflet now
LEGAL BRIEFING AND USEFUL
INFORMATION IF YOU ARE ARRESTEDUnder section 132 of the Serious Organised Crime and Police Act it is an offence to organise or take part in a demonstration in a public place within the "designated area" (up to 1 km around parliament) if authorisation has not been given by the Metropolitan Police Commissioner, to whom an application has to be made at least six days in advance, or if not "reasonably practicable", 24 hours in advance. The commissioner may impose conditions on the demonstration; including where and when the protest may take place, how long it can last and how many people can attend, how much noise can be made and the number and size of banners or placards used. Additional conditions may be imposed during the demonstration by the senior police officer present. The new law also prohibits the use of loudspeakers.
Organisers of unauthorised demonstrations may be subject to imprisonment for up to 51 weeks, a fine (level 4: up to £2500), or both; participants may be subject to a fine (level 3 :up to £1000). You may be arrested under laws other than the Serious Organised Crime and Police Act.
There is a risk of arrest since this is an unauthorised protest against a law which makes such protests illegal.
Please read this leaflet before taking part.
This is a peaceful protest: participants should not harm or
dehumanise any human being at this event.If You Are Arrested
- Try and shout out your name so that someone else knows you’ve been arrested.
- You have the right to know why you have been arrested and under what law - so ask.
- Note the numbers of the police officers.
At the Police Station
- You do not have to give any information but if you want to be released you need to a verifiable name and address. Giving your date of birth may speed up being released, but it is not legally required.
- You may be subject to a pat-down search on arrival.
- If you are injured or need medication tell the police that you want to see a doctor.
- Fingerprints, saliva/hair samples for DNA and your photograph, can be taken without your consent for a recordable offence - most offences but not breach of the peace or obstruction of the highway. They can use force if necessary.
- You may be asked personal questions - you don’t have to answer.
- You have the right to have a person informed of your arrest.
- You also have a right to speak to a solicitor free of charge at any point - the duty solicitor or your own – see contact numbers below for a solicitor who is ready to help.
- You have the right to a pencil and paper but may not get it.
- You have a right to inspect the police codes of practice (PACE).
- You have the right to remain silent, there is NO requirement to talk to the police.
We strongly advise you to answer 'NO COMMENT' to all police questions and not sign any statement written by the police or sign any police notebook, until you have taken legal advice. If you do wish to make a statement do not mention anyone else but yourself.
- If you are charged with an offence you may wish to make a short statement that will be written down and read out in court. If you are not charged you may recieve a caution but you do not have to accept it. A caution means that you will not go to court or recieve a penalty but it is an admittance to the offence and will go on your record.
If you witness an arrest
- Write down the name, where they were arrested and any other relevant information and leave the details and how we can contact you on the post-action support line - see below.
Important numbers
(it is useful to write these on your arm in case you lose this leaflet)If you need to see a friendly solicitor: Bindmans solicitors on 020 7833 4433
If you are arrested, please contact the post-action support number (07952 354 722.) when you are released and leave your name and contact details."
You might also wish to seriously consider what mobile phones, personal digital assistants, diaries or filofax type organisers which you may have got into the habit of carrying about your person almost everywhere, and which you should really leave at home.
We know of people who have been stopped and searched or who have been arressted, and who have been released without charge, but who have had their personal phone contacts, names and addresses copied by the police, on rather dubious legal grounds.
Similarly bunches of keys, including vehicle and house keys have been used to allow the police to conduct searches of your home or vehicle, once you have handed them over when you are under arrest. Again, this is not directly under the Serious Organised Crime and Police Act powers (except for the Section 110 which makes every offence into an "arrestable one", according to the judgement of the arresting officer), but under the rest of the massive legal powers already available to the police, should they choose to exercise them.
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