Workshop Design: Know Your Rights

Introductions - introduce yourself as the facilitator(s), overview of aims of the workshop, do go round of names & what you would like out of the workshop/any particular focus Workshop Aims: To support people to feel more comfortable, confident, clear & empowered to take action together by: Feeling more informed and aware of their rights Feeling more aware and prepared of how to interact with security guards and police Feeling more prepared by running through before, during and after scenarios 1. Fears Everyone write their fears on pieces of paper and put into the hat (This is passed on to someone else to write up on to a piece of paper in a thematic way, which is presented later on in the workshop, or the facilitator can write up during section 2) 2. Know your rights: Common Laws used against Protesters - Split into groups - Each group allocated a law/section (see supporting materials) - Each group has ten minutes to then read & understand the law and find a way of creatively presenting it to the rest of the group e.g. Performance, role play, diagrams - Each group then presents to the rest. Allow 15 mins for presentations if possible. - For each scenario briefly answer any clarifying questions This is a fast, interesting & creative way of learning rather dry legal stuff! Dont worry if you dont know all the answers, bring some print outs & resources that people can refer back to for more info. 2. The Arrest Process - Split into two or more groups - Each group is given a set of shuffled cards which detail different stages in the arrest process (see supporting materials) - The group then need to put them in order - Clarify together which is the right order and answer any clarifying questions Maybe emphasise here the Great Gas Gala Arrestee Support Team e.g. They are best to be contacted, they will pick you up from the station etc. 3. No Comment Roleplay - The group is asked to split into pairs - Person A has to be a policeman/woman and interview the other person with prompt cards (see supporting materials)

- Person B HAS to answer without giving personal information away (So they can see how difficult/impossible this is). - Person A then has to ask same questions while person B says no comment. - Ask people how they found it & then re-emphasise the importance of saying nocomment during an interview & emphasise how even casually talking to the police is dangerous/they will be fishing for information and it is unlikely you wont give any away. 4. Security Culture Quiz - This is a quiz on common sense security practices and a way to re-cap on what has been covered in the workshop so far. See the questions in the supporting materials. - Read out the questions & ask people have to move to corners of the room e.g. A, B, C, D - Give short commentary on answers/ask people why they answered how they did. 5. Fear Busting Re-cap - Fears from the beginning are summarised onto a mind map - Highlight that many of our fears are shared and are very common/understandable - Depending on time, talk over these and see if the workshop has helped to reduce any of the fears (sometimes just articulating them helps). Depending on capacity, offer a space for any further questions or a one to one check-in with people if needed. Re-emphasise power of solidarity and where to find further resources.

Supporting Materials
THE ARREST PROCESS These can be written out on bits of paper or printed & separated: You are told what you are being arrested for You may be handcuffed You are taken to the back of a police car or van You are driven to a police station You are placed in a holding cell You are booked in by a Custody Sergeant You are asked and need to give your name, address and date of birth (and may be asked many other questions that you DO NOT need to answer) You are told your rights 1) To contact a solicitor 2) To have someone informed of where you are 3) To see the Codes of Practice rule book

Your property is taken from you and recorded Property which you could potentially harm yourself with is taken away e.g. Belts, cords, laces You are searched by an officer of the same sex Your fingerprints, DNA & Photograph is taken Inform the Custody Sergeant of any medication you require or if you have any dietary requirements You are taken to a cell You are called to an interview room for an interview You have a nap, rest, do some reading or meditate in your cell You return to the Custody Sergeant and your property is returned before you are released Your friend or alley meet you at the station and drive you home to a comfy bed & big cup of tea If time you may also like to look at post-arrest options: You are released with no further action taken (NFAd). You are charged with the offence and given a date when you must appear at court. You may or may not be given bail conditions, and if you are you will be asked to sign a bail sheet about them. You are released on bail, pending further investigation. This is known as Delaycharge bail (DCB). They do not have enough evidence to charge you and want more time to investigate. You will be given a date when you must reappear at the police station to find out if you are going to be charged. You are reported for a summons (they want to charge you, but know they dont have enough evidence, so they send the case to the bods at the Crown Prosecution Service to see if they can come up with anything on you. Generally speaking you do not receive a summons. If you do, you should normally plead not guilty. The chances are you really are not guilty and havent really committed an offence in which case they dont have enough evidence to convict you, and you will be found not guilty. Many cases are dropped just before the trial for lack of evidence. They offer you a caution. (This means YOU HAVE WON: DO NOT ACCEPT THE CAUTION. Cautions are offered when they want to charge you, but know they wont get anywhere with it because of lack of evidence or because your arrest is unlawful. They want you to save them embarrassment and help their crime statistics by admitting your guilt (accepting a caution involves admitting guilt). Cautions are for their benefit, not yours. Refuse to accept the caution and you will be released without charge or given a fixed penalty (which you dont pay-see below). Theoretically, if you refuse a caution you could still be charged, but this is very unlikely. They will make lots of threats about going to court if you dont accept a caution, but they are lying. They will tell you youre getting off lightly by taking a caution, and theyre being nice to you. Remember, the police are not nice; if they could charge you with something, they would.

For public order offences you can be issued with a fixed penalty notice. You are given 28 days to pay it or contest it (i.e. ask for a court hearing). Fixed penalty notices are given for similar reasons as cautions; they know they shouldnt have arrested you, but theyre hoping youll just pay. DO NOT PAY IT, ALWAYS CONTEST IT. In principle, you may receive a summons but this is unlikely for the reason just given. NO COMMENT ROLE PLAY CARDS Try to find out Where they come from/live, (e.g. Are you following the football? What team do you support? Oh right, you're from Manchester then are you?) As much as you can about the other people they are active with, e.g. names, how many, who are the main organisers, is there a group, how they travel to actions As much as you can about their activist history have they been arrested before, what other things have they been involved in Anything about this action, how it was planned, if other people were involved, anything that might have happened before the police arrive Anything about their politics, why they are here, the other issues they might get involved in, the kinds of things they might do: criminal damage? Violence?

SECURITY CULTURE QUIZ 1. In which of these situations do you not need to give your details to the police. A. You are the driver of a vehicle and have been stopped B. You have been arrested (except if you have been arrested to prevent a breach of the peace). C. If the officer reasonably believes you have committed anti social behaviour D. The police has reasonable belief you are suspected of attending a local demonstration* E. The officer has reasonable grounds to suspect you of an offence (and wants to report you for summons or issue a fixed penalty notice). 2. Which is the least likely reason police will try to talk to you at a demonstration: A. To give you an instruction or use some police power e.g. arrest you B. To gain intelligence C. To gain evidence to help the convict you D. To establish a rapport with you so that they can control you E. Because they are genuinely 'on your side' & interested in your campaign

3. Which of these situations do the police not have power to search you A. If they have reasonable groups for suspecting that you are carrying stolen or prohibited articles e.g. offensive weapons B. If they suspect you to be a terrorist. C. If they suspect you have items that could be used in connection with terrorism. D. If they suspect you are carrying materials to use on a protest.* 4. Which of this information do you need to give in when being booked in at a police station A. Name, address, date of birth B. Name, date of birth C. Name, address, DoB, Any scars or tattoos D. Name, address, DoB, Any scars or tattoos, height, weight, occupation, eye colour 5.You are being interviewed at a police station following an arrest. What are you obliged to talk about: A. You must willingly describe the events of the day to the best of your ability and memory to ensure that the records they have are confirmed accurate or inaccurate B. It is not compulsory but it is encouraged to give your version of events to support you if you have a court appearance at a later date C. You are not obliged to talk and can give a NO COMMENT answer D. You MUST answer all questions asked of you to the best of your ability and memory otherwise you are breaking the law 6. You have had a successful demonstration and action and want to tell your friends about it. Which of the following options is the most safe in terms of the police gathering evidence about you: A. Via email B. Via a comment on the website C. Via text message D. On Facebook or twitter Answer is none of them! 7. What is best to do if the police visit you at home: A. Tell them it is not appropriate for them to be there and do not let them in B. Invite them in for a cup of tea C. Invite other group members round and have a meeting with them D. Tell them to get lost as rudely as possible 8. The police are getting heavy-handed at a demonstration and are about to arrest your friend. What could you do: A. Film the incident and ensure the footage is safe, so that they can later appeal & sue for unlawful arrest B. Physically surround the person at risk

C. Text your mates for a flash mob D. Pass your friend a bust card and give them a reassuring look 9. What is the best attitude to take towards security culture A. I am not doing anything wrong so can be totally transparent B. They are watching every move I make C. The police may well be interested in me or my campaign however I practice sensible security practices & do not give them the benefit of the doubt that they will not try to repress our community's efforts D. Jason Bourne has nothing on me

KNOW YOUR RIGHTS MATERIALS I just printed these out and divided them into sections: * Public Order Act * Criminal Justice and Public Order Act 1994 Section 60 & 60 AA * Trespass - Common & Aggravated * Protection from Harassment Act 1997 (PHA) * Highways Act 1980 * Breach of the Peace * Stop & Search Powers * I have also copied the info on the Trade Union & Labour Relations Act 1992 1. 1. Main laws used against protestors Public Order Act 1986 (POA)

Sections 4A and 5 prevent you from being threatening, abusive or insulting and thereby causing alarm, harassment and distress, either by your behaviour, words or any signs you are displaying. For S5, it is only necessary for your behaviour to be likely to alarm, harass or distress someone. S4A is slightly more serious, and they have to find someone who has actually been alarmed, harassed or distressed. The police commonly try to stop demonstrations and stalls by claiming that placards depicting animal abuse are offensive or distressing and therefore constitute a S4A or S5 offence. However, the important thing to remember here is that these offences are committed only if you are threatening, abusive or insulting. It is not against the law for you to show pictures that are distressing, and case law has determined that our freedom of expression includes the right to shock, offend or disturb. If the police tell you that your placards are illegal because they are graphic, and therefore are offensive or distressing, they are talking nonsense and you should tell them this. Sections 12 and 14 can be used where there is a threat of serious public disorder, serious damage to property or serious disruption to the community, or where the intention is to intimidate people. This enables the police to impose conditions on processions (S12) and assemblies (S14 an assembly meaning a gathering of 2 or more people) that are necessary to prevent the above. The important points are

that the police must believe there is a threat of serious disorder, disruption, etc., or that you intend to intimidate, and this belief must be reasonable, i.e. it must be based on objective facts. For example, a few people with placards holding a peaceful demo does not constitute a reasonable belief of the above. Also, they can only impose conditions as to the place(s) you can stand or march to, the duration of the assembly or procession, and the maximum number of people that can take part; they cannot impose any other conditions. If you attend a march, police officers may try to give you pieces of paper with details of S12 conditions. 1. 2. Criminal Justice and Public Order Act 1994 (CJA) Section 60 & 60 AA: If an officer of or above the rank of inspector reasonably believes there is a threat of serious violence or that people are carrying offensive weapons, he/she may put a S60 authorisation in place. This means that police can search people randomly for offensive weapons, and remove and/or seize masks, scarves etc. that they believe are being worn to conceal identity. Alternatively, if an officer of or above the rank of inspector reasonably believes that people are going to commit offences, he/she may put a Section 60AA authorisation in place which just allows police to remove and/or seize masks, scarves etc. that they believe are being worn to conceal identity. Section 69: If the police believe that you have been committing, are committing, or are about to commit aggravated trespass, they can direct you to leave that land and not return within 3 months. But you have to be on land before the police can use this power, i.e. they cant give this warning on a road, and the only direction they can give is to leave the land. 1. 2. Criminal Justice and Police Act 2001 (CJPA) Section 42 gives the police the power to direct people to leave (either immediately or after a period of time) if they are demonstrating near someones house, and their presence is likely to cause alarm, harassment or distress to the resident of the house. The police may also allow people to stay near the house, subject to any conditions the police think fit, including conditions as to where people may stand and how many people may stay. It is an offence not to comply with a direction or condition. This was introduced to deal with home demos. However, it was not effective enough because you only break the law if the police turn up and you dont do what they say, so Section 42A was added later. Section 42A makes it an offence to demonstrate near someones house if you intend to cause, or you know that you are likely to cause, alarm, harassment or distress to someone in the house (i.e. you commit the offence without the police even turning up). It is a misconception that section 42A makes all home demos illegal. It only makes home demos illegal if the intention is to, or if you know you are likely to, cause alarm, harassment or distress to the resident of a dwelling. So in principle a very fluffy and peaceful home demo (one that is not likely to cause anyone alarm, harassment or distress) is not only still legal, but also cannot be made subject to conditions. Sections 42 and 42A are particularly important where people live in or next to businesses that are the target of protests, such as some farms breeding animals for vivisection. If these sections are used by police, you should argue that your peaceful demo is unlikely to cause alarm, harassment or distress to the resident of any dwelling. Be aware that these

sections are worded in such a way that in principle they apply to a demo near any house - whether or not the protest is directed at the resident of the house! These sections have for instance been used to arrest people demonstrating outside laboratories because those laboratories happened to be near houses. However, such cases have not ended up in convictions, and complaints against police for using these sections in this way have been upheld. 1. 2. Protection from Harassment Act 1997 (PHA) Section 1 makes it illegal to pursue a course of conduct (i.e. something done on at least 2 occasions) that amounts to harassment of a person. The PHA was theoretically intended to prevent stalking, but is mostly used against peaceful protestors. Section 1A was added to make it more applicable to protests by making it possible to harass a group of people (i.e. a company) even though any one person in that company may only see you or hear from you once, i.e. the police may say you are harassing a company by repeatedly protesting against it or writing to it. However, peaceful protest and polite communication cannot amount to harassment and are a guaranteed human right (see 1.10 below). Sections 3 and 3A allow companies to gain injunctions against protestors to prevent actual or anticipated harassment. These apply to named individuals on the injunction, but also to anyone who is served with it (e.g. if you are on a demo and a security guard thrusts a piece of paper in your face, you have been served with an injunction). Injunctions usually include things like exclusion zones and restrictions on when, where and how many people can protest. No one has yet been successfully prosecuted for breaching an injunction of this kind. Remember, peaceful protest (as long as its outside any exclusion zone and is not directed towards someone protected by the injunction) cannot breach an injunction and is a guaranteed right. 1. 2. Highways Act 1980 Section 137 prevents you from wilfully obstructing the free passage along a highway without lawful authority or excuse. Lawful authority means some sort of permit for the obstruction from the council. Lawful excuse means that the obstruction is making reasonable use of the highway. Reasonableness is determined by all the relevant factors including the size, location, duration and purpose of the obstruction, and whether the obstruction causes an actual rather than a potential inconvenience to users of the highway. Exercising ones human rights (for example, by holding an information stall or demonstration) is not a trump card that can be used to circumvent legislation such as this, but it is a relevant factor in determining the reasonableness of your use of the highway. Therefore, if you are holding an information stall in a sensible place where it will not get in anyones way in a wide street or pavement and it is not too big, you are almost certainly making reasonable use of the highway and you have a lawful excuse for the obstruction. You therefore do not need a permit from the council, and your chances of being convicted of obstruction of the highway for such a stall are negligible. It would be best to resist any instructions from the police or council to move or pack up; any arrest for obstruction of the highway for holding such a stall would almost certainly be unlawful. You also do not need public liability insurance for holding a street stall any more than you need insurance to walk down the street or wait for a bus.

Section 132 says you are not allowed to affix any sign to a structure on or in the highway (such as a lamppost, signpost etc). However, to our knowledge, this is never actually used. 1. Breach of the Peace

A Breach of the Peace is violence or the threat of violence. It is not, as some police would like to think, the making of noise, such as blowing a whistle or using a drum or megaphone (depending of course on what is said). However, you do not have to be violent or threatening violence yourself to be arrested under the common law of breach of the peace: if the natural consequence of your actions is to provoke others to violence, and the police reasonably apprehend an imminent Breach of the Peace, they can arrest you to prevent it. You should not be arrested to prevent a Breach of the Peace for merely making a noise or slightly annoying, offending or upsetting someone; your actions must be those to which a violent response is both likely and imminent. It is possible for someone lawfully arrested to prevent a breach of the peace to be taken to a magistrates court and bound over to be of good behaviour. This involves accepting a binding order, with which any failure to comply can result in imprisonment. However, being bound over is rare. If someone is arrested to prevent a Breach of the Peace, they are usually held until the threat of a Breach of the Peace has subsided and are then released. It is possible for the police to take action to prevent a Breach of the Peace short of arresting someone, for example making directions to leave somewhere or not to go somewhere, but the circumstances under which they can make such directions are exactly the same as for arresting someone. If you fail to comply with such a direction you may be arrested for obstructing a police officer. In taking action to prevent a Breach of the Peace, the police must arrest (or give a direction to) the person or people who are provoking it, not as they sometimes like to, arrest (or give a direction to) the smallest party involved. Because you will not be charged with an offence if you are arrested to prevent a breach of the peace, you do not have to give your details. Scottish law is different, however; breach of the peace is an offence with which you may be charged in Scotland. 1. 2. Trespass Trespass is a civil offence you cannot be arrested for trespass (NB. but see section 1.6). Landowners, or agents of the landowner, can use reasonable force to remove trespassers, and police can assist in this if asked to do so by the landowner or agent. If you resist the police when they remove you, you may be arrested for obstructing a police officer. Quite often, people are arrested to prevent a breach of the peace simply for refusing to leave land, the police saying that they are provoking the landowner to use violence against them. Section 68: Aggravated Trespass, Criminal Justice and Public Order Act 1994 (CJA). This law made it an offence to trespass and disrupt or obstruct a lawful activity, or to intimidate someone so as to deter them from engaging in that activity. This law applies indoors as well as outdoors and so criminalises office occupations. Essentially, S68 criminalises direct action style protests where the objective is to disrupt some sort of activity (e.g. road building), but it only applies if you are trespassing and what you are doing is intended to disrupt something lawful, i.e. merely trespassing is not a

criminal offence (unless it interferes with a contractual relationship involving an animal research organisation - see section 1.6), and disrupting something that is illegal (e.g. foxhunting!) is not an offence. They also have to prove it was your intent to disrupt. 1. Stop and search powers

Under normal circumstances, the police have no right to search you. The situations when they can search you are: 1. 1. If they have reasonable grounds for suspecting that you are carrying stolen or prohibited articles or articles with a sharp point or blade. Prohibited articles are offensive weapons (articles made or adapted for causing injury or carried with the intention of causing injury) and articles made or adapted for use in committing burglary, theft, fraud or criminal damage or carried with the intention of committing these offences. (S1 PACE). 2. 2. Police may search anyone they reasonably suspect to be a terrorist for evidence that he is a terrorist (Section 45 Terrorism Act 2000) 3. 3. If a Section 60 (CJA) authorisation is in effect, police can stop and search anyone in the area covered by the authorisation. This can only be used if there is a risk of serious violence, and you can only be searched for offensive weapons. 4. 4. If a Section 44 (Terrorism Act 2000) authorisation is in effect, police can stop and search anyone for items that could be used in connection with terrorism. They can search pedestrians, drivers and passengers in vehicles. However, S44 has been found to be illegal by the European Court of Human Rights and so should not be used. The main point to remember here is that unless a section 60 or section 44 authorisation is in effect, the police must have some sort of reasonable suspicion that you are carrying something you shouldnt be before they can search you. Searches of protestors are normally carried out unlawfully. Therefore challenge the police officer searching you. Ask them under what power they are searching you, and their reasons for searching you. If they are searching you under Section 1 of PACE, ask what they suspect you of carrying, and their grounds for suspicion. If you have been stopped and searched, you do not have to give your details (they will ask), but the police officer must give you a record of the search with his details and the reasons for the search. Its best not to carry wallets or other personal items that will give the police your identity if you are searched. However, it may be wise to give your details if you want to make a complaint about the search later (see section 5.1). If you know that the search is unlawful and you can prove it, it is best not to co-operate with the search; if they arrest you for obstructing a police officer because of your non-cooperation, the arrest is unlawful and you may be able to sue the police. It is important to video all arrests and the events leading up to them for this purpose (see section 2.7). You can only be searched by an officer of the same gender as you.

Trade Union and Labour Relations (Consolidation) Act 1992 241 Intimidation or annoyance by violence or otherwise.(1)A person commits an offence who, with a view to compelling another person to abstain from doing or to do any act which that person has a legal right to do or abstain from doing, wrongfully and without legal authority (a)uses violence to or intimidates that person or his [F1spouse or civil partner]F1 or children, or injures his property, (b)persistently follows that person about from place to place, (c)hides any tools, clothes or other property owned or used by that person, or deprives him of or hinders him in the use thereof, (d)watches or besets the house or other place where that person resides, works, carries on business or happens to be, or the approach to any such house or place, or (e)follows that person with two or more other persons in a disorderly manner in or through any street or road. (2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.

File names Police sheets.doc - Roleplay materials Know your rights.doc - contains the above info on main laws used against protestors (Except trade union act) GGG Bust Card.pdf - Great Gas Gala bust card Pocket Guide to Your Rights.doc - Pocket Guide to Your Rights booklet