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Criminal Justice Act 1994
Personal Searches
What to do if you are Arrested
CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994
Aimed at criminalising hunt sabotage, it hasn't worked very well at all and has not stopped us sabbing. Two sections of the Act affect sabs:
Section 68 - Aggravated Tresspass
A person commits the offence of aggravated trespass if they trespass on land and in relation to any lawful activity which people are engaged in or about to engage in on that or adjoining land in the open air. This includes intimidating these people so as to deter them from engaging in their activity, obstructing that activity or disrupting that activity. If found guilty of this offence, you could receive up to 3 months in prison or a fine up to £2,500 - in reality though the penalty is usually a small fine.
Section 69 - Powers to Remove a Person Commiting Aggravated Trespass
A senior police officer present where people are suspected of participating, about to participate or having participated in an aggravated trespass, may direct those people to leave the land. This also applies where 2 or more people are trespassing on land with the intention of intimidating others so as to deter them from engaging in their lawful activity, or disrupting or obstructing said lawful activity. You commit an offence if you fail to leave the land as soon as practicable, or having left, you re-enter the land as a trespasser within 3 months of the day the direction to leave was given.
The CJA 1994 has also affected the Right to Silence, where a suspect, when questioned by police, could remain silent or simply reply 'No comment' to questions asked. Now, though, if a suspect embarks on this course of action, certain assumptions can be made from it (such as you're guilty), even though a person can't be committed for trial, have a case to answer or be convicted solely on the ground of failure to answer questions. However, past history has shown it to be in your own interest to remain silent or reply 'No comment' to questions asked of you. Refusing to speak can't be used by itself to convict you. The best place to talk is with your solicitor afterwards and not under pressure by the police. If your refusal to speak comes up in court, get your solicitor to agree your position and you can then say you acted on legal advice.
Personal Searches Under the Criminal Justice Act
A police officer can stop and search you when they have reasonable grounds for suspecting that you are carrying on your person or in a vehicle stolen or prohibited articles. These are:
- Offensive weapons
- Stolen property or tools to help steal property etc
- Illegal substances, such as drugs
- Items prohibited by law, such as explosives, flick knives etc.
The police use this power to hold people up, mainly if they see a whip in your pocket, with the excuse that they think it's an offensive weapon. A whip isn't made or adapted to cause injury, nor is it intended to cause injury - just a loud bang! The police officer doesn't have to be certain that you're carrying one or more of the above listed things but there must be some concrete basis for his suspicion. The fact that you're dressed in a particular way is not sufficient grounds for a search. If the above articles are found on you they can be seized - needless to say, you shouldn't be carrying any of the above anyway because they're of no use whatsoever in saving the life of a hunted animal.
Before a search, the police officer must tell you:
- Why you are being searched
- His/her name and station
- If not in uniform, the officer must prove his identity
- That you're entitled to a copy of the search record within 12 months if you ask for one at the police station.
You can be stopped and searched in any public place. It's unwise to physically resist a search. However, you're under no obligation to assist them. The officer can use reasonable force to detain and search you but force is only allowed if you have been given a chance to co-operate and have refused. If excessive force is used you may be able to claim compensation for assault later. If you think the search was unlawful, use the police complaints' procedure or, better still, speak to a solicitor.
During the search the officer can ask you to remove any of your clothes in public except for an outer coat, jacket or gloves, even if the street is empty. If he wants to search you more thoroughly, you may be detained for a few minutes in order to carry out the search. You can't be detained in order to find grounds to justify the search. A more thorough search, eg, removal of a T-shirt, must take place out of public view and by an officer of the same sex as yourself. It may also not take place in the presence of any other person who is of the opposite sex to yourself.
- You are entitled to a record of the search, which must include:
- Your name, or, if you withheld it, a description of you
- Where a vehicle is searched - a description of it
- The object of the search
- The date and time it was made
- Its result
- A note of any injury or damage to property resulting from it
- The identity of the officer making it.
With regard to sab vehicles, an officer may search anything in or on it as well as the vehicle itself, if they have reasonable grounds to do so. If your vehicle has been searched while left unattended the officer must leave a note on it telling you:
- What has happened
- What police station the officer is from
- That you may claim compensation for any damage done during the search
- That you're entitled to a copy of the search record within 12 months if you ask for one at the station.
If a section 60 search order is in place it must be ordered by the Chief Inspector or above if he believes serious violence is imminent. The conduct of the search is the same as above.
WHAT TO DO IF YOU ARE ARRESTED
You have to give your name, address and date of birth. The police also have the right to take fingerprints, photos and non-intimate body samples. Remember, KEEP SILENT.
What happens when I get arrested?
You'll be taken to a police station, asked for your details and your personal belongings will be taken from you. These will be listed on your custody record and you'll be asked to sign that it's correct - sign immediately below the last item so nothing incriminating can be added. Also refuse to sign for something which isn't yours or could be incriminating. Don't sign on the custody record that you said something as this could be used later against you. Never sign a policeman's notebook. You will then be placed in a cell.
When can I contact a solicitor?
Usually as soon as you've been arrested. You need to do it as soon as you're at the station so that people know where you are and to show the police you're not a soft target, so they may back off a bit. However, in practice, the police may actually contact your solicitor who'll be allowed to talk to you on the phone or will come to the station to talk to you in person.
It's advisable to avoid using the duty solicitor as they're often either crap or hand-in-glove with the police. It's worth finding out the number of a good solicitor in your area who specalises in animal rights protestors, hunt sabs, aggravated trespass etc. Avoid telling your solicitor until later exactly what happened- for the time being just tell them you're refusing to speak. Refuse to be interviewed until your solicitor is present.
The interview
This will usually take place in a room in the police station with a view to questioning you about the offences they want to charge you with. It's only benefit is for the police so remember, 'No comment'. You can't be legally forced to speak. It's also worth remembering that if the police think they have enough evidence against you they won't need to interview you. For example, in most public order arrests they rely on witnesses so you won't even be interviewed. If they do want to interview you then you could be in a good position because they may not have enough evidence and hope that you'll implicate yourself and others. So - no comment!
What if the evidence looks like they have something on me? Wouldn't it be best to explain myself so they'lkl let me go?
The only evidence that matters is that presented in court - and this is the only place to explain things. If they've decided to keep you in, no amount of explaining will get you out. If the police have any evidence, anything you say will only add to this evidence against you.
When you're being interviewed, the police do all they can to confuse and intimidate. the questions may not be related to the crime. Their aim is to soften you up and get you chatting. Don't answer a few small talk questions and then clam up when asked about the crime - it'll look worse in court. To prosecute you, the police have to present their evidence to the Crown Prosecution Service. A copy of this will be sent to your solicitor. If they don't have enough evidence the case could be thrown out of court or not even get there. This is why they want you to speak - for evidence. One word could cause you a lot of trouble. No comment!
The police try to get people to talk in many devious ways, such as the following:
'Come on, we know it's you, your mate's in the next cell and he's told us the whole story' - if they've got the whole story, why do they need your confession?!
'We know it's not you, but we know you know who's done it. Come on, Jane, don't be silly, tell us who's done it' - the police'll use your first name to seem to be friendly.
'As soon as we find out what happened you can go' - fat chance!
'Look, you little bastard, don't f*** us about. we've dealt with some characters, a little runt like you is nothing to us. We know you did it, you little shit, and you're going to tell us.'
'What's a nice kid like you doing messed up in a thing like this?' - they're trying to get at you.
'We'll keep you in 'til you tell us' - unless they charge you with a 'serious offence', they have to release you within 24 hours. Even if you are suspected of a 'serious charge' you have the right to a solicitor after 36 hours, and only a magistrate can order you to be held without charge for longer.
'You'll be charged with something far more serious if you don't answer our questions, sonny. You're for the high jump. You're not going to see the light of day for a long time. Start answering our questiojns 'cos we're getting sick of you' - mental intimidation. They're unlikely to charge you with something serious that won't stick in court.
Mr Nice:'Hiya, what's it all about then? Sgt Smith says you're in a bit of trouble. He's a bit wound up with you. You tell me what happened and Smith won't bother you. he's not the bets of our oficers, he loses his rag every now and again. So, what happened?' - Mr Nice is as devious as Mr Nasty. No comment.
'We've been here for half an hour now and you've not said a f***ing word . . . Look, you little c***, some of the CID boys will be down in a minute. They'll have you talking in no time. Talk or I'll bring them down' - keep at it, they're getting desperate. They're about to give up and you've got a lot to lose by talking.
'You're a f***ing loony, you. Who'd want you for a mother, you daft bitch? Confess or your kids are going into care.'
'Look, we've tried to contact your solicitor but we can't get hold of them. It's going to drag on for ages this way. Why don't you use one of our duty solicitors and we'll soon get this situation cleared up so you can go home' - never accept an interview without your solicitor present and don't make a statement even if your solicitor advises you too - a good one won't.
'They've abolished this right to silence - you have to tell us everything now - it's the law' - you can still say nothing. there's no obligation to tell them anything apart from your name, address and date of birth.
In a nutshell:
- Keep calm and cool when arrested
- Get a solicitor
- Never make a statement
- Don't get drawn into conversations with the police
If they rough you up, see a doctor immediately after being released. Get a written report of all bruising and marking. Remember the officers' names and numebrs, which will be useful if you bring a civil case or complaint against them.
Having said nothing in the police station, you can then look at the evidence and work out your alibi, your defence and your side of the story.
THIS IS HOW YOU WILL GET OFF.
The Anarchist Black Cross aims at practical support for working class prisoners. They support people framed by the police, people defending themselves against racist attack, and women jailed for fighting back against violent partners. They actively support prisoners with letters, publicity for their cases and material support.