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DEALINGS WITH THE POLICE and ARRESTS AT DEMONSTRATIONS
A. Overview
A summary of points discussed at a meeting with freelance journalists / N.U.J. members at Marlborough on Saturday, 21/04/01
The police are increasingly ignoring press cards and arresting journalists as demonstrators knowing they will miss their deadlines. Don’t be afraid, GO TO THE DEMO PREPARED. And you could set a good legal precedent! Your first hour in custody after a wrongful arrest is worth £500.00 in compensation!
The following is intended to be a general overview of points relevant to freelance journalists attending demonstrations : it principally covers preparations you can make , how to respond if challenged by an officer, and what to do at the police station.
B. Your rights at demonstrations
1. Same as for an ordinary citizen – no special law protecting you re civil / criminal liability
2. However, before an officer can arrest a person he needs “reasonable suspicion” an offence is being or has been committed. If a case goes to court the officer would have to justify how he formed that reasonable suspicion. Because as a reporter you are there to report on events rather than there as an ordinary demonstrator it ought to be harder for the officer to justify to a court that he thought you were offending / had offended, and therefore a Not Guilty verdict and a successful civil claim for wrongful arrest are more likely.
3. It follows that it is most important you identify yourself as separate from the demonstrators themselves – there will be less chance of an officer being mistaken about your role.
C. What can you do to ensure you cannot be confused with the demonstrators?
1. Simply arguing it was clear you were a photographer is not enough – some demonstrators may have them for example.
2. Accreditation cards may help if shown to the police at the time, but are not always enough, eg, some officers have ignored them arguing they could be forged. If arrested though ,you ought to show the card to an officer of as high a rank as possible.
3. Distinctive clothing – may be worth considering a distinctive colour, agreeing a standard form with other journalists, clearly marking your clothing “Accredited Photographer”, using “bibs”, jackets, hats.
4. If you can bring yourself to do it, wear a suit in addition to the distinctive garment you decide upon to aid that aura of respectability.
D. How to respond if police try to arrest you
1. Challenge their right to arrest you , search you ,take your equipment – in other words ask them “why?”. If possible, make a note of what the officer says in response, or have someone witness it. This may help avoid arrest at the time, or aid your subsequent civil claim for compensation.
2. Do all you can to point out that you are press.
3. Only challenge the police within the law! Do not make matters worse by committing a separate offence, eg, assaulting the officer or resisting arrest.
4. Again only acting within the law, object to the handing over of equipment. The officer may still remove your gear, but you may be able at a later date to argue any search was unlawful
E. How to respond at the police station
1. Ensure you are represented by a solicitor. Ideally, ask for a solicitor to attend the station. You can call a solicitor of your choice or ask the Duty solicitor to attend. At the very least you should obtain advice from a solicitor over the telephone – the Custody Sargent will arrange it and within reason you can spend as long as you need speaking to the lawyer about what you should do.
2. Do not fall for the police tactic of telling you not to bother with a lawyer because you may be waiting for a long time until he arrives.
3. For the type of offence you may commonly have been arrested for a police interview may be unnecessary anyway and the time you should be detained ought therefore to be limited.
4. Have your say. The arresting officer takes you before the Custody Officer when you arrive at the station and tells him the basis for your arrest. Ensure that description is entered in the Custody Record (A log kept during your stay at the station – you can obtain a copy of this document at a later date and it is very often helpful for evidence purposes, thereby boosting your chances of a successful compensation claim) . Any complaints you have regarding your treatment should be added to this document.
5. Be as polite as you can be – you are likely to be treated accordingly, eg, released quicker.
6. Do not be tempted by the police argument that if you admit the allegation you will receive a “Caution” rather than a criminal conviction. If cautioned, your details will remain on the police computer for up to 20 years, plus a caution will have a damaging effect upon any subsequent civil claim , false imprisonment.
7. Argue your Human Rights are being ignored. The Human Rights Act 1998 is now law – be prepared to argue – reasonably – that the police action is contrary to Freedom of Expression, and to Freedom of Assembly and Association.
Alan Wilson, Thompsons – 0161 819 3500 – http://www.thompsons.law.co.uk/
Have been maintaining a Photo-Journalist “Hassle list”, check this lot out ……..
http://tash.gn.apc.org/journo_hassle.htm
