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Birmingham Anonymous > Operation: Party Hard (Locked) > Legalities


Title: Legalities
Description: Legal Info & Police correspondence.


anon1812 - February 29, 2008 06:36 PM (GMT)
Hey Anons... I thought I'd start this thread so people could inform themselves of their legal rights etc. The following information is provided thanks to Ash, and copied from Enturb.

QUOTE (Ash)
Ok, I've been trawling through the legal stuff and there are some things that I think we should all be aware of.  This is going to be a LOOOOONG post but I urge you all to read it - we need to know our rights.

Ok, first off there's the 'The Governance of Britain' presented to Parliament by the Secretary of State (Jacqui Smith) in October 2007.  This was intended to particularly address concerns about protests around Parliament, but it contains many interesting bits of information that are very relevant to any protest in the UK.  It's good to note that in her introduction Jacqui Smith says:


"The right to peaceful protest has long been an important component of our liberties and an essential component of a health democracy.  As the Government we need constantly to uphold and reinforce these liberties... We are clear that there should be no unnecessary restrictions on people's right to protest."


The paper goes on to say "The right to peaceful protest is also part of the European Convention on Human Rights (ECHR)
... There are a number of laws that give the police powers to manage demonstrations.  These laws reflect the need to weigh different rights against each other and guage competing interests.  For example, the right to peaceful demonstration needs to be balanced with other rights such as those to respect private and family life, or the interests of public safety
... Demonstrators were - and still are - able to challenge decisions on normal judicial review principles e.g. that the police have exceeded their statutory powers or exercised them in an irrational or unreasonable way.


The report then gives the following details:

1.3  Sections 11 to 14 of the Public Order Act 1986 cover public marches and public assemblies.  For the purpose of this consultation, a 'march' involves people moving along a route.  An 'assembly' is a static demonstration.

1.4  A public assembly is defined as two or more persons in a public place in the open air.  The law does not provide a minimum number to constitute a march.

1.5  Under section 11 of the Public Order Act, organisers of marches must give advance notice to the police.
...
1.8  A senior police officer can impose conditions on a march if he reasonably believes that the procession may result in:
  - serious public disorder
  - serious damage to property
  - serious disruption to the life of the community
  - or, that the purpose of the march is too coerce by intimidation.

1.9  Failure to comply with these provisions knowingly and within one's control is a criminal offence.

1.10  The chief officer of police may under section 13 of the Public Order Act apply to the local authority for an order banning the march if he reasonably believes that imposing conditions will not prevent the march resulting in serious public disorder - the Home Secretary's consent is required for such an order.
...
1.11  Participating in a march that is known to be banned is a criminal offence.

1.12  Unlike marches, there is no requirement under the Public Order Act to give prior notice to the police of an assembly.  In practice, the organisers of large demonstrations usually consult the police in advance to help to ensure a safely managed event.

1.13  Section 14 of the Public Order Act does allow a senior police officer to impose conditions on a public assembly if he reasonably believes that the assembly may result in:
  - serious public disorder
  - serious damage to property
  - serious disruption to the life of the community
  - or that the purpose of the assembly is to coerce by intimidation.

1.14  There is no power to ban a public assembly.

1.15  Failure to comply with these provisions knowingly and within one's control is a criminal offence.

1.16  The Public Order Act, through the requirement for prior notification in the case of marches and the power to impose conditions on both marches and assemblies, recognises that large gatherings of people, whether moving or static, can change from peaceful gatherings into ones involving violence and disorder.  It must be possible for police to plan for and manage any disorder in line with their wider duty to keep the peace.

1.17  At all times proportionality is the key.  The police response must be measured and proportionate in order to comply with Human Rights considerations.  Anything that is not measured and/or proportionate would be challengeable.
...
1.22  We now have the Human Rights Act 1998.  This would prevent the imposition of excessively strict conditions on an assembly as they would be open to challenge under Article 11 of ECHR (right to freedom of assembly and association).


Secondly, there's stuff relating to the S60.  One article I found summed it up:

The S60 order is a new police tactic at major demonstrations 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.
...
The police have the power to search you for weapons (and dangerous instruments).  The have no other powers under S60.  They can only detain you "for as long as necessary to carry out a search".
They have no legal power to force you to give them your name and address.  UNDER NO CIRCUMSTANCES give it to themL it will be kept on file for SEVEN years.  When asked, say "NO COMMENT". 
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.
... They have no legal power to ask yo uto 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.
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.  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 of 1998 your privacy is assured.  Make sure they know this.  They can only confiscate weapons and facial masking.
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 purposes.


Sounds a little anti-police, but sound advice.  If you find yourself in a situation where you have to refuse a request from a police officer (or anyone else, really) PLEASE always be polite and courteous. 

There's also some info on stop and search rules:

Under sec1 of PACE the police can search for:
  - Stolen goods,
  - Articles for use in certain Theft Act offences,
  - Offensive weapons, including bladed or sharply-pointed articles (except folding knives with a bladed cutting edge not exceeding 3 inches),
  - Articles made, adapted or intended for use in destroying property... e.g. paint sprays, etching tools and tools used to cause graffiti,
  - Fireworks.

Other stop and search powers allow the police to search for other items, these include:
  - Drugs,
  - Contraband (Customs and Excise Management Act 1979),
  - Alcohol at sporting events (Sporting Events (Control of Alcohol etc.) Act 1985),
  - Firearms and crossbows (Firearms Act, Crossbows Act).


A brief aside.  Crossbows?  WTF?!  I'm glad that rule's in place - the thought of someone pulling out a medieval weapon is terrifying!
Rules about the police's duties when conducting a stop and search:


Before searching a person or vehicle or detaining a person or vehicle or person for the purposes of a search, the officer must take reasonable steps to bring to the person's attention:
i) his name;
ii) the name of the police station to which he is attached;
iii) the object of the search; and
iv) his grounds for making the search.


The person must also be informed that he is entitled to a record of the search and to which police station he should apply to obtain the record (CODE A para 2.6).


A warrant card must also be produced if the officer is in plain clothesAn officer must have 'reasonable suspicion' in order to request a search:

Reasonable suspicion can never be supported on the basis of personal factors alone without reliable supporting intelligence or information or some specific behaviour by the person concerned.  For example, a person's race, age, appearance, or the fact that the person is known to have a previous conviction, cannot be used alone or in combination with each other as the reason for searching that person.  Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminal activity.
2.3  Reasonable suspicion can sometimes exist without specific information or intelligence and on the basis of some level of generalisation stemming from the behaviour of the person.  For example, if an officer encounters someone on the street at night who is obviously trying to hide something, the officer may (depending on the other surrounding circumstances) base such suspicion on the fact that this kind of behaviour is often linked to stolen or prohibited articles being carried.  Similarly, for the purposes of section 43 of the Terrorism Act 2000m suspicion that a person is a terrorist may arise from the person's behaviour at or near a location which has been identified as a potential target for terrorists.  No reasonable suspicion needed for a search for articles of a kind which could be used in connection with terrorism.


It's important to note that these rules are also in place if an S60 is issued.
Some info about the removal of clothing or disguises:


A police officer cannot order the removal of a head or face covering except where there is reason to believe that the item is being worn by the individual wholly or mainly for the purpose of disguising identity, not simply because it disguises identity.

Where it is considered necessary to conduct a more thorough search (e.g. by requiring a person to take off a T-shirt), this must be done out of public view, for example, in a police van, or police station if there is one nearby.  Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item conceling identity, may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it.

Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of public view (but not a police vehicle).  When strip searches are conducted a police officer carrying out a strip search must be the same sex as the detainee, and in private.  Whenever a strip search involves exposure of intimate body parts, there must be at least two people present other than the detainee".

anon1812 - February 29, 2008 06:40 PM (GMT)
And whilst we're here: The Rules.

QUOTE
Rule #0: Rules 1 and 2 of the internet still apply. Your memes are not, at this juncture, something that the real world can appreciate. Although meme speak between fellow Anonymous is acceptable, focus on the target and keep it to a minimum.

Rule #1: Stay cool. Rule #2: Stay cool, especially when harassed. You are an ambassador of Anonymous. Although individuals trying to disrupt your demonstration will get on your nerves, you must not lose your temper. Doing so will harm the protest and tarnish the reputation of Anonymous.

Rule #3: Comply with the orders of law enforcement officers above all else. Doing otherwise is harmful the demonstration as a whole and may compromise your performance as a human being. Do not request badge numbers unless you are being treated in a very abusive manner, as doing so will anger officers.

Rule #4: Notify city officials. Most jurisdictions either have rules about public protests, or would prefer to be notified that they are taking place. Know the rules for your jurisdiction and abide by them.

Rule #5: Always be across the street from the object being protested. Rule #6: In the absence of a road, find another natural barrier between yourself and the target of protest. Doing so will make it more difficult for individuals hostile to your cause to come and harass you.

Rule #7: Stay on public property. You may be charged for trespassing if you do not.

Rule #8: No violence. Rule #9: No weapons. The demonstration is a peaceful event. Your weapons. You will not need them.

Rule #10: No alcohol or pre-drinking. Violating this rule may easily precipitate a violation of rules 1 and 2.

Rule #11: NO graffiti, destruction, or vandalism. Rule #12: If you want to do something stupid, pick another day. These should be self explanatory. Violation of these rules during a demonstration will tarnish the reputation of Anonymous, harm the demonstration itself and leave you vulnerable to attention from law enforcement.

Rule #13: Anonymous is legion. Never be alone. Isolation during a protest marks you as a target for handlers who wish to provoke an angry reaction from you and other hostiles. In keeping with this principle... Rule #14: Organize in squads of 10 to 15 people.

Rule #15: One or two megaphones per squad. A megaphone is helpful for maintaining the overall cohesion of a demonstration and spreading your message. However, too many will confuse the public and render you hearing impaired.

Rule #16: Know the dress code. Forming a loose yet reasonable dress code for protest members will help to maintain cohesion and get the public to take you seriously.

Rule #17: Cover your face. This will prevent your identification from videos taken by hostiles, other protesters or security. Use scarves, hats and sunglasses. Masks are not necessary, and donning them in the context of a public demonstration is forbidden in some jurisdictions.

Rule #18: DO NOT take ID or credit cards. This will prevent your definitive identification in case you do something unseemly and get noticed by law enforcement.

Rule #19: Bring water. Rule #20: Wear good shoes. Following these rules will assure your comfort during the demonstration. Keep in mind that demonstrations may often be quite lengthy.

Rule #21: Signs, flyers, and phrases. Have yours ready. Make sure that signs are large enough to read. Also ensure that the text on your signs and your phrases are pertinent to the target of the protest. Finally, prepare legible, uncomplicated and accurate flyers to hand out to those who wish to know more regarding the motivations behind your actions.

Rule #22: Document the demonstration. Videos and pictures of the event may be used to corroborate your side of the story if law enforcement get involved. Furthermore, posting images and videos of your heroic actions all over the internet is bound to generate win, exhorting other Anonymous to follow your glorious example.

III - March 1, 2008 03:02 PM (GMT)
QUOTE (feb 10th thread on enturb)
this may be a bit late for some anon going to the protest, but I shall print a few copies of this to take tomorrow as well:

   
QUOTE (section 60 of the criminal justice and public order act 1994)

60 Powers to stop and search in anticipation of violence

    (1) Where a police officer of or above the rank of superintendent reasonably believes that—

    (a) incidents involving serious violence may take place in any locality in his area, and

    (b ) it is expedient to do so to prevent their occurrence,

    he may give an authorisation that the powers to stop and search persons and vehicles conferred by this section shall be exercisable at any place within that locality for a period not exceeding twenty four hours.

    (2) The power conferred by subsection (1) above may be exercised by a chief inspector or an inspector if he reasonably believes that incidents involving serious violence are imminent and no superintendent is available.

    (3) If it appears to the officer who gave the authorisation or to a superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any incident falling within the authorisation, he may direct that the authorisation shall continue in being for a further six hours.

    (4) This section confers on any constable in uniform power—

    (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;

    (b ) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.

    (5) A constable may, in the exercise of those powers, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.

    (6) If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

    (7) This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

    (8 ) A person who fails to stop or (as the case may be) to stop the vehicle when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

    (9) Any authorisation under this section shall be in writing signed by the officer giving it and shall specify the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

    (10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped and similarly as respects a pedestrian who is stopped and searched under this section.

    (11) In this section—

    *

    “dangerous instruments” means instruments which have a blade or are sharply pointed;
    *

    “offensive weapon” has the meaning given by section 1(9) of the [1984 c. 60.] Police and Criminal Evidence Act 1984; and
    *

    “vehicle” includes a caravan as defined in section 29(1) of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960.

    (12) The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.


both the letters from the police quoted here earlier have said that they can't force us to remove masks unless section 60 is in effect. and if it's in effect, a notice needs to be given in writing.

of course, we should be cooperating with the police as far as possible, but if you feel that they're being unreasonable with the order, and really feel uneasy about removing your mask at that point or place, then ask to know if such a notice has been given.
if a notice hasn't been given, then they can't force you to do anything (unless you're actually breaking the law)


I shall be taking printouts of it again, just in case.
it's useful to have the exact wording and hardcopy if anything comes up.

Falco - March 2, 2008 12:03 PM (GMT)
Just a quick point here, it's doubtful that there will actually be a s.60 in effect. Always helps to have the backup there just in case though.



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