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Police action on Mayday was ilegal!

Realist | 10.05.2003 14:17 | London

The penning in of protesters and holding of them for several hours was ilegal as under section 60 this may only be done if it is believed by the officer in charge that serious disorder will break or if any acts of violence have been committed. On Mayday a crowd of people gathered peacefully to picket Lockheed Martin. Not one incident of violence occurred before or after the protesters were penned in.

Another breakaway group was also penned in briefly in The Strand outside the Shell UK HQ despite being entirely peaceful and not having broken any laws.

The main penned in group were also held for several hours in the Strand near Trafalgar Square without being allowed to leave despite anouncements by the police on a loud hailer that they must disperse by 7:05pm.

The action of the police was entirely politically motivated to deny the right of peaceful protesters to excercise their legitimate right to protest and hold peaceful pickets. In no way could the police action be upheld in law.

Realist

Comments

Hide the following 7 comments

Section 60 never allows penning in of crowds.

10.05.2003 17:24

If a s60 order is given, it allows cops to stop and search any person or vechcle in the locality for weapons and dangerous instruments. It allows allows the cops to tell you to remove a mask, and refusing is a criminal offence, as is not stopping to be searched.

It says nothing about penning in crowds.

Cops have sometimes argued that they have to pen in crowds in order to search under s60, but this is very dodgy legaly.

Cops also claim that they are allowed under common law (conventions dating from before much legislation about what's legal, not formally codified) to detain individuals or groups to prevent a breach of the peace. The legal question would be whether there was a genuine threat of a breach (i.e. violence towards a person or the property of soemone present), and whether preventing it was the genuine motivation of the cops.

I didn't here of s60 being declared on mayday at all. Anyone know if it was?

eric


section 14

10.05.2003 19:05

Wasn't it section 14, under which, if police believe
serious disruption/violence could occur, they can impose
conditions on public assemblies.

ie they imposed the conditions that the assembly had to end
by 7:05, and could not change its location (ie move off as
a group).

not sure if this legalises the penning in, maybe as part
of imposing the condition on the location of the assembly,
certainly they shouldn't be stopping people leaving in small
groups.

Under section14 an assembly must be at least 40 ppl, so
surely we would have the legal right to leave at will in
groups of 39?

Not that this would work in reality of course, try
suggesting it to the Met!

confused


blah

10.05.2003 19:47

"Under section14 an assembly must be at least 40 ppl, so
surely we would have the legal right to leave at will in
groups of 39?"

no, an assembly is at least 20 people.

pez


Police State

10.05.2003 20:03

The pigs are a law unto themselves.

Martial


breach of the peace

10.05.2003 22:22

penning people in is done under the common law of breach of the peace - where the officer in charge fears that an outbreak of serious violence may occur - & holding people until the threat has subsided. Long held tactic in crowd control. Nothing new, nothing to get your liberal knickers in a twist about. Next time A) DON'T GET PENNED IN! or B) FORCE YOUR WAY OUT!

Learn from your mistakes

tuff


Pointless unless you press it!

12.05.2003 12:08

It's no good just saying that police act illegaly. People have to stand up and refuse to accept illegal police behavior. If penned in then try to leave, if they stop threaten you with arrest BE ARRESTED! As long as you comply with being searched they can not legally hold you but if you give in to their threats then law or not, it makes no difference. People must challange illegal use of police power. Getting arrested is no big deal and if you know you are right and they are wrong (in legal not moral terms) then don't let them bully you. With witnesses you will stand a very very good chance that you will be released without charge and can go on to sue them for thousands of pounds. If you do get charged and they make stuff up to try to get a conviction, you may be able to add malicious prosecution and get even more money as well as showing the police up for being liars.

As long as people go along with police lies, tricks and abuse, they will continue. GET ARRESTED - BEAT THE BILL

righT


penning in

12.05.2003 14:42

penning in is not done under Section 60 - it's been a bit questionable legally over the last few years, sometimes the police saying it was to prevent a breach of the peace.

over recent months, across the UK, they've started using Section 14 or Section 12 (don't remember) of the Public Order Act to impose conditions on assemblies.

for tactics to stop getting penned in in the first place, have a look at the webpage below - download the guide to public order situations - if you have comments from the last or next demo/action you're on, let them know and they'll probably get included in the next version...

 http://www.earthfirst.org.uk

bob
- Homepage: http://www.earthfirst.org.uk


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