When the police act they should be carrying out a lawful duty, so ask them what they are doing and why?\u00a0 Make a note of what was said, when, by whom, as soon afterwards as possible.<\/p>\n
Stop & Search<\/strong> BEFORE ANY search you should be told:<\/strong> On being stopped & searched<\/strong> Search powers<\/strong> Being arrested<\/strong> Bindmans solicitors: 020 7833 4433 from 9am to 6pm, then via pager on 07659 136 205<\/strong><\/p>\n Arrestee Support ________________________<\/p>\n If you saw\/experienced inappropriate police behaviour: When the police act they should be carrying out a lawful duty, so ask them what they are doing and why?\u00a0 Make a note of what was said, when, by whom, as soon afterwards as possible. Stop & Search You … Continue reading
\nYou do NOT have to give your name or address under ANY search power or if stopped for questions- SO DON\u2019T!
\nThe police only have the power to arrest you for not giving your name and address when asked, if:
\n\u2022 you are a driver of vehicle on the road (and date of birth) or if involved in accident or road traffic offence whether in a car, on a bike or as a pedestrian
\n\u2022 you are suspected of anti-social behaviour (reasonable grounds to suspect have caused, or are likely to, cause harassment, alarm or distress to one or more persons \u2013 can include police but higher threshold) under s50 of Police Reform Act 2002
\n\u2022 the police wish to summons you for an offence or issue a fixed penalty notice (arrest under s25 PACE).<\/p>\n
\n\u2022 officer\u2019s name and\/or police station
\n\u2022 entitled to a copy of the search form (police can decline to give on the spot if not practicable to do so)
\n\u2022 object of the proposed search (i.e. the legal power being used and what they are looking for)
\n\u2022 grounds to suspect you (not for s60 or s44)
\nNB. Police can fingerprint you before arrest if suspect you of an offence and can\u2019t establish your name and address or think you have given a false one (s61 PACE). Names of all officers engaged in the search go
\non the form (PACE code).
\nStops for questioning \u2013 should be receipted: ask<\/p>\n
\n\u2022 You do not have to give your name and address under ANY search power or if stopped for questions
\n\u2013 SO DON\u2019T! (there are limited exceptions – see above)
\n\u2022 You do not have to explain why you are there.
\n\u2022 The police can only give you a pat down, remove outer clothes (coat, jacket, gloves), search your bags, and have you empty pockets, or go to a private space.
\n\u2022 You are not required to be actively compliant. You can \u2018go limp\u2019 as passive resistance if you wish.
\nThe police can use reasonable force to search.
\n\u2022 If not given, consider asking the reason for the search \u2013 the legal power, what they are looking for, and what grounds they have to suspect you (not required for s60 or s44).
\n\u2022 Make a note of name, number and police force of the officers searching, what you were told before the search, the reasons given for searching you, how long you had to wait to be searched, the start\/end time of the search and (immediately after the search) more detailed notes including the scene before the search. Keep the search record.
\n\u2022 You do not have to comply with attempts to photo or record you. The police have no power to collect DNA data during a search.
\n\u2022 Seizure of property: no need to give name\/address, ask for the evidence bag to be numbered and written on search form. Items found during a search that could be taken under different search power can be seized.<\/p>\n
\nPolice need reasonable grounds to suspect you to search under:
\n\u2022 s1 PACE, search for articles for burglary\/theft, stolen goods, offensive weapons, bladed articles, items may be used for criminal damage. Items can be seized. Police not entitled to read or record personal info.
\n\u2022 s43 Terrorism Act 2000, police need reasonable grounds to suspect you are a terrorist and can search and seize anything as evidence you are a terrorist, including from computers, cameras, personal papers.
\n\u2022 If senior officer approves the following powers in a specific area for a period, police don\u2019t need grounds to suspect you \u2013 they are blanket search powers:
\n\u2022 s60 Criminal Justice Act, to search for offensive weapons and dangerous instruments. The police are
\nnot entitled to read and record personal info. If s60 order is in place (or s60AA), police can require you to remove any item reasonably believe used wholly or mainly for purpose of concealing identify or to seize any item reasonably believe you intend to wear wholly or mainly for that purpose. Can arrest you if you refuse.
\n\u2022 s44 Terrorism Act 2000, search as for s43 above (in force on railways and underground and London all the time). Can require to take shoes and hat off in public.<\/p>\n
\nIf you are arrested, you are entitled to:
\n\u2022 Be told what you have been arrested for.
\n\u2022 Not to give your name, address or DOB, but this will delay your release. However, your photo, prints and DNA can be taken without your consent.
\n\u2022 REMAIN SILENT – We strongly recommend you answer \u2018no comment\u2019 to all questions and during interviews, for your own benefit and that of others. From the moment you are stopped, everything you
\nsay is evidence – there is no such thing as a \u2018friendly chat\u2019. The police are trained to get information out of you, so stay strong. Do not sign any statements.
\n\u2022 Have one phone call made on your behalf informing someone of your arrest. We recommend that you ask the custody sergeant to contact Arrestee Support. Tell the police you authorise them to talk to Arrestee Support about you and your welfare.
\n\u2022 A translator if English is not your first language.
\n\u2022 Vegan or vegetarian food.
\n\u2022 Request a copy of PACE codes to read (then you will know all your rights in custody). Do ask.
\n\u2022 A medical examination if you feel unwell or hurt. (Inform the custody officer if you are on medication.)
\n\u2022 TO ACCESS FREE LEGAL ADVICE – If you are arrested for a non-imprisonable offence for which the police do not intend to interview you, you can either speak on the telephone to a solicitor of your choice (for which they may charge) or you will be given the opportunity to get free advice from a legal adviser at a call centre known as CDS Direct (these advisers are probably less good at advising activists). If you are arrested for or a more serious offence, or one for which you are to be
\ninterviewed, you will be able to access a solicitor of your choice for free, provided that they can be contacted within two hours. If not, you will be given a duty solicitor. It may be better to \u2018no comment\u2019 until release and then get good quality legal advice tailored to activists. The police may tell you that it will be quicker without legal advice \u2013 we strongly recommend that you always ask for legal advice and use our recommended solicitors.<\/p>\n
\n\u2022 Note the officers\u2019 numbers, find other witnesses
\n\u2022 Make a detailed note of what happened as soon as you can. Include the time and date you made it.
\n\u2022 Consider complaining about the police officer. If you have a serious injury, consult a solicitor first.
\nwww.ipcc.gov.uk
\n\u2022 Consider writing to your MP www.writetothem.com
\n\u2022 Tell everyone you know!<\/p>\n","protected":false},"excerpt":{"rendered":"