Post by ironman on Jun 13, 2006 21:39:30 GMT 1
Read Up Lad's Section 60 Orders - Your Rights
The S60 order is a new police tactic at major demonstrations and Football matches used effectively to control, subdue and gain personal information about protesters despite having the extraordinarily limited power simply to "Stop and search in anticipation of violence". Its effectiveness in the past was due to the fact that no-one knew just exactly what powers the police had under S60. As it turns out, they have very few powers. In the event of an S60 order being issued, these are the important things to remember -
1. The police have the power to search you for weapons (and dangerous instruments). They have no other powers under S60. They can only detain you "for as long as necessary to carry out a search".
2. They have no legal power to force you to give them your name and address. UNDER NO CIRCUMSTANCES give it to them - it will be kept on file for SEVEN years. When asked, say "NO COMMENT".
3. They have no legal power to force you to have your photograph taken. Do not allow them to do this. This too will be kept on file for SEVEN years. Keep your head turned away, or put your hand in front of your face.
4. They have no legal power to ask you to remove any item of clothing in public view, OTHER THAN that which is concealing your identity. Any facial masking can be confiscated. If you are asked to remove coats/jumpers etc, REFUSE OUTRIGHT.
5. They have no legal power to search wallets, purses, inside small pockets etc. This is an S60 search, for weapons only. If they ask to search wallets, purses, inside small pockets etc, REFUSE OUTRIGHT.
6. If you have a bag they will search that, but again for weapons only. Any other items, documents, potentially incriminating articles are OFF LIMITS. Do not allow them to examine any of your personal possessions (cash cards, student cards, diaries, organisers etc). This is not part of S60.
Under Article 8 of the UK Human Rights Act 1998 your privacy is assured. Make sure they know this. They can only confiscate weapons and facial masking.
7. They have the power to use "reasonable force" but ONLY if you do not submit to a search. No other force can be used for any other purpose.
8. They must tell you their name, number, station they're based at the reason for the search. Ask them for this. Not only will it piss them off but if they don't provide this information the search will be illegal.
Nicked?
Introduction.
This is a rough guide to your basic rights on arrest. It is supposed to be humerous as well as informative.
Many of you will know that as football fans you basic rights fly right out the window as soon as you get up on a saturday morning and the police suddenly discover unlimited powers. If you are arrested be prepared to be treated like shite but mainly keep calm and do not panic. Remember that you have the right to be treated fairly and with respect by the police. Well supposedly anyway. The seriousness of how you take the advice is up to you, but bear in mind that a football related offence be it threatening words or incitement to riot will encounter the full wrath of the law, especially if you are involved in a high profile incident. Just ask the 3 Cardiff lads jailed for 6 months for throwing stones at Millwank fans.
The basics:
When you are arrested you do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.
See our suggested response in the caution section There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible.
remember:
(depending on the crime) It is wise not to discuss the case with the police until you have consulted privately with a solicitor.
If the police are about to arrest you or have already arrested you, there is no such thing as a 'friendly chat' to sort things out. Anything you say can later be used against you. Think before you talk.
Never let the OB know you are short on time, bus is leaving, last train etc, it plays into their court. Pretend that you have all the time in the world and that them holding you is of no consequence (particularly in the case of minor public order). Often they will hold you till your transport leaves just to piss you off. Let them know that even if they hold you till Doomsday the other 40 or so on the ruck bus will wait until then as they get slowly tanked up in the pub round the corner, and that "they had always wanted an overnighter in Derby."
On the streets.
If you are stopped by the police: (if they are not in uniform then ask to see their warrant card.)
Ask why you have been stopped and at the end ask for a record of the search.
You can be stopped and searched if the police have a reasonable suspicion that you are in possession of:
controlled drugs
offensive weapon or firearms
carrying a sharp article
carrying stolen goods
if you are in a coach or train, going to, or you have arrived at, a sports stadium
There are other situations where you can be stopped and searched, for example: If police fear there might be serious violence in a particular area they can stop and search anyone in that area for up to 24 hours. In these circumstances the police do not need to have a reasonable suspicion that you are carrying a weapon or committing a crime. This very wide power is often used against hooli's.
remember:
you run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law.
In the Nick.
You always have the right:
to be treated humanely and with respect.(HA HA) to see the written codes governing your rights and how you are treated.
to speak to the custody officer (the officer who must look after your welfare).
to know why you have been arrested
You also have the right (but they can in rare situations be delayed):
to have someone notified of your arrest, (not to make a phone call yourself). ideally the guy organising your travel so he can hold eveyone back. Just to piss the OB off who want to get rid of your firm ASAP.
to consult with a solicitor privately. remember:
Do not panic. You cannot be locked up indefinitely. The police sometimes keep you isolated and waiting in the cell to 'soften you up'. Above all else, try to keep calm. The police can only keep you for a certain period of time - normally a maximum of 24 hours (36 hours for a serious arrestable offence).
Make sure the correct time for your arrest is on the custody record.
Make sure you know why you have been arrested. Often in public order situations the OB will arrest you and then make something up later.
Again depending on the offence,
Insist on seeing a solicitor (you might have to wait, but it's always free). Ask them to be present when you are interviewed. Do not be put off seeing a solicitor by the police. It is your right and it's free.
If you ask for anything and it is refused make sure this is written down on the custody record.
We strongly recommend that you:
make "no comment" to all questions
don't write a statement
don't sign a statement written by the police
don't sign any police book
...until you have seen a solicitor
At the game.
Police can often get the wrong person in the heat of the moment where there are big crowds present, so it is important that you get witnesses to your arrest.
If you are arrested in a crowd, keep calm, once they've got you they won't let you go. In the van don't wind them up, they'll beat you. A friend of mine was arrested a couple of years back outside Ninian park, in the back of the van he constantly wound up the coppers in ther with remarks about taffies (even though he was Cardiff). They stopped the van and filled hime in.
If you witness an arrest, try to make a note of the number of the arresting officer(s). It is not unknown for them to change if they are going of shift at 5.30.
If you are thrown out of a football ground unfairly without arrest, insist on talking to a senior officer to state your case, or go to the home end to get in. (always works). If you didn't get the arresting officers number, ask to be escorted back into the ground to identify him. It's not uncommon for the police to quietly let you back in if they know you are serious about making a complaint.
A common trick police employ is to badger you into accepting a caution so that you can catch your last train home. Do not accept this under any circumstances if you have done nothing wrong.
A caution is an admission of guilt and can catch up with you in the future. Buying tickets for internationals for example.
Searching your gaff.
The police can search premises with the consent of the occupier. A warrant can be obtained from magistrates by the police to search premises for evidence of certain crimes. The police can enter premises WITHOUT a search warrant in many situations, including: following an arrest, the police are allowed to search premises the detained person occupies or has control over. to capture an escaped prisoner to arrest someone for an arrestable offence or certain public order offences. to protect life or to stop serious damage to property. other laws give police specific powers to enter premises. remember:
You are entitled to see a copy of any search warrant.
Police can use reasonable force to gain entry
Police should give you information about their powers to search premises.
A record of the search must be kept by the police.
You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.
When police seize items from you or your house be sure to insist on a written list of all seized items then and there.
You have the right to remain silent but....
"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." suggested reply
"I have been advised that I should answer no questions. It is not right that I should have to give a complete case for my self until charges have been made and properly explained and until there are other people around to check that questions put to me are fair and legal. I will say nothing until I am advised to do so by a fully qualified legal advisor". Not word for word mbut you get the jist. Alot of this depends on what you've done. But as they are clamping down on our sorts due to the rise in activity and the World cup bid, it might be handy to bear this in mind.
IMPORTANT: This information was forwarded by a police officer, who naturally wants to remain anonymous:
"In reality, any response made following arrest or charge is worth very little PROVIDED IT IS NOT SIGNED BY THE PERSON MAKING IT. The CPS do not make any sort of a deal about responses unless they are on tape. I would simply advise people to make no reply to any caution until it is in the interview room with a solicitor present. This would apply doubly is special warnings are used in interview.
People are very frightened to ask for the tape to be stopped before consulting the solicitor. At the end of the day, he is your only friend in the station, so use him to the full, and tell him everything. If he is any good, he will advise you when to co-operate and when to keep schtum. I find a good response is then "On the advice of my solicitor I have no comment to make at this time."
If this is then questioned in court, the solicitor can take the blame for offering dodgy advice, and no adverse views will be drawn from the no comment response. I don't know about other forces, but in mine we keep the tape running throughout the completion of antecedents and signing of forms to protect officers against allegations. It tends to negate a whole lot of trouble.
It wasn't me guv'.
If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event. It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.
The S60 order is a new police tactic at major demonstrations and Football matches used effectively to control, subdue and gain personal information about protesters despite having the extraordinarily limited power simply to "Stop and search in anticipation of violence". Its effectiveness in the past was due to the fact that no-one knew just exactly what powers the police had under S60. As it turns out, they have very few powers. In the event of an S60 order being issued, these are the important things to remember -
1. The police have the power to search you for weapons (and dangerous instruments). They have no other powers under S60. They can only detain you "for as long as necessary to carry out a search".
2. They have no legal power to force you to give them your name and address. UNDER NO CIRCUMSTANCES give it to them - it will be kept on file for SEVEN years. When asked, say "NO COMMENT".
3. They have no legal power to force you to have your photograph taken. Do not allow them to do this. This too will be kept on file for SEVEN years. Keep your head turned away, or put your hand in front of your face.
4. They have no legal power to ask you to remove any item of clothing in public view, OTHER THAN that which is concealing your identity. Any facial masking can be confiscated. If you are asked to remove coats/jumpers etc, REFUSE OUTRIGHT.
5. They have no legal power to search wallets, purses, inside small pockets etc. This is an S60 search, for weapons only. If they ask to search wallets, purses, inside small pockets etc, REFUSE OUTRIGHT.
6. If you have a bag they will search that, but again for weapons only. Any other items, documents, potentially incriminating articles are OFF LIMITS. Do not allow them to examine any of your personal possessions (cash cards, student cards, diaries, organisers etc). This is not part of S60.
Under Article 8 of the UK Human Rights Act 1998 your privacy is assured. Make sure they know this. They can only confiscate weapons and facial masking.
7. They have the power to use "reasonable force" but ONLY if you do not submit to a search. No other force can be used for any other purpose.
8. They must tell you their name, number, station they're based at the reason for the search. Ask them for this. Not only will it piss them off but if they don't provide this information the search will be illegal.
Nicked?
Introduction.
This is a rough guide to your basic rights on arrest. It is supposed to be humerous as well as informative.
Many of you will know that as football fans you basic rights fly right out the window as soon as you get up on a saturday morning and the police suddenly discover unlimited powers. If you are arrested be prepared to be treated like shite but mainly keep calm and do not panic. Remember that you have the right to be treated fairly and with respect by the police. Well supposedly anyway. The seriousness of how you take the advice is up to you, but bear in mind that a football related offence be it threatening words or incitement to riot will encounter the full wrath of the law, especially if you are involved in a high profile incident. Just ask the 3 Cardiff lads jailed for 6 months for throwing stones at Millwank fans.
The basics:
When you are arrested you do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.
See our suggested response in the caution section There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible.
remember:
(depending on the crime) It is wise not to discuss the case with the police until you have consulted privately with a solicitor.
If the police are about to arrest you or have already arrested you, there is no such thing as a 'friendly chat' to sort things out. Anything you say can later be used against you. Think before you talk.
Never let the OB know you are short on time, bus is leaving, last train etc, it plays into their court. Pretend that you have all the time in the world and that them holding you is of no consequence (particularly in the case of minor public order). Often they will hold you till your transport leaves just to piss you off. Let them know that even if they hold you till Doomsday the other 40 or so on the ruck bus will wait until then as they get slowly tanked up in the pub round the corner, and that "they had always wanted an overnighter in Derby."
On the streets.
If you are stopped by the police: (if they are not in uniform then ask to see their warrant card.)
Ask why you have been stopped and at the end ask for a record of the search.
You can be stopped and searched if the police have a reasonable suspicion that you are in possession of:
controlled drugs
offensive weapon or firearms
carrying a sharp article
carrying stolen goods
if you are in a coach or train, going to, or you have arrived at, a sports stadium
There are other situations where you can be stopped and searched, for example: If police fear there might be serious violence in a particular area they can stop and search anyone in that area for up to 24 hours. In these circumstances the police do not need to have a reasonable suspicion that you are carrying a weapon or committing a crime. This very wide power is often used against hooli's.
remember:
you run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law.
In the Nick.
You always have the right:
to be treated humanely and with respect.(HA HA) to see the written codes governing your rights and how you are treated.
to speak to the custody officer (the officer who must look after your welfare).
to know why you have been arrested
You also have the right (but they can in rare situations be delayed):
to have someone notified of your arrest, (not to make a phone call yourself). ideally the guy organising your travel so he can hold eveyone back. Just to piss the OB off who want to get rid of your firm ASAP.
to consult with a solicitor privately. remember:
Do not panic. You cannot be locked up indefinitely. The police sometimes keep you isolated and waiting in the cell to 'soften you up'. Above all else, try to keep calm. The police can only keep you for a certain period of time - normally a maximum of 24 hours (36 hours for a serious arrestable offence).
Make sure the correct time for your arrest is on the custody record.
Make sure you know why you have been arrested. Often in public order situations the OB will arrest you and then make something up later.
Again depending on the offence,
Insist on seeing a solicitor (you might have to wait, but it's always free). Ask them to be present when you are interviewed. Do not be put off seeing a solicitor by the police. It is your right and it's free.
If you ask for anything and it is refused make sure this is written down on the custody record.
We strongly recommend that you:
make "no comment" to all questions
don't write a statement
don't sign a statement written by the police
don't sign any police book
...until you have seen a solicitor
At the game.
Police can often get the wrong person in the heat of the moment where there are big crowds present, so it is important that you get witnesses to your arrest.
If you are arrested in a crowd, keep calm, once they've got you they won't let you go. In the van don't wind them up, they'll beat you. A friend of mine was arrested a couple of years back outside Ninian park, in the back of the van he constantly wound up the coppers in ther with remarks about taffies (even though he was Cardiff). They stopped the van and filled hime in.
If you witness an arrest, try to make a note of the number of the arresting officer(s). It is not unknown for them to change if they are going of shift at 5.30.
If you are thrown out of a football ground unfairly without arrest, insist on talking to a senior officer to state your case, or go to the home end to get in. (always works). If you didn't get the arresting officers number, ask to be escorted back into the ground to identify him. It's not uncommon for the police to quietly let you back in if they know you are serious about making a complaint.
A common trick police employ is to badger you into accepting a caution so that you can catch your last train home. Do not accept this under any circumstances if you have done nothing wrong.
A caution is an admission of guilt and can catch up with you in the future. Buying tickets for internationals for example.
Searching your gaff.
The police can search premises with the consent of the occupier. A warrant can be obtained from magistrates by the police to search premises for evidence of certain crimes. The police can enter premises WITHOUT a search warrant in many situations, including: following an arrest, the police are allowed to search premises the detained person occupies or has control over. to capture an escaped prisoner to arrest someone for an arrestable offence or certain public order offences. to protect life or to stop serious damage to property. other laws give police specific powers to enter premises. remember:
You are entitled to see a copy of any search warrant.
Police can use reasonable force to gain entry
Police should give you information about their powers to search premises.
A record of the search must be kept by the police.
You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.
When police seize items from you or your house be sure to insist on a written list of all seized items then and there.
You have the right to remain silent but....
"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." suggested reply
"I have been advised that I should answer no questions. It is not right that I should have to give a complete case for my self until charges have been made and properly explained and until there are other people around to check that questions put to me are fair and legal. I will say nothing until I am advised to do so by a fully qualified legal advisor". Not word for word mbut you get the jist. Alot of this depends on what you've done. But as they are clamping down on our sorts due to the rise in activity and the World cup bid, it might be handy to bear this in mind.
IMPORTANT: This information was forwarded by a police officer, who naturally wants to remain anonymous:
"In reality, any response made following arrest or charge is worth very little PROVIDED IT IS NOT SIGNED BY THE PERSON MAKING IT. The CPS do not make any sort of a deal about responses unless they are on tape. I would simply advise people to make no reply to any caution until it is in the interview room with a solicitor present. This would apply doubly is special warnings are used in interview.
People are very frightened to ask for the tape to be stopped before consulting the solicitor. At the end of the day, he is your only friend in the station, so use him to the full, and tell him everything. If he is any good, he will advise you when to co-operate and when to keep schtum. I find a good response is then "On the advice of my solicitor I have no comment to make at this time."
If this is then questioned in court, the solicitor can take the blame for offering dodgy advice, and no adverse views will be drawn from the no comment response. I don't know about other forces, but in mine we keep the tape running throughout the completion of antecedents and signing of forms to protect officers against allegations. It tends to negate a whole lot of trouble.
It wasn't me guv'.
If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event. It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.
