Arrestee Support 07946 541511

You may not be planning on doing anything naughty, or on getting arrested, but it's always helpful to know your rights.

Let's start with some basics. You can download and print out this A4 bust card. This tells you what to do if the police want to stop and search you or arrest you.

The normal printed bust cards will be available (left over from Blackheath Camp for Climate Action) but distribution may be problematic so don’t rely on receiving them.

We also advise that you read our legal briefing on searches.

The unexpected can happen - buddy up and write these numbers on your arm:

Arrestee Support 07946 541511
Solicitor Bindmans 07659 136205

YOU DO NOT HAVE TO GIVE YOUR NAME AND ADDRESS UNDER ANY SEARCH POWER.

During a search, it is standard procedure for an officer to ask you for your name and address, but you are NOT required to give it. It undermines others if you do give these details - so please don’t!

There are only very limited circumstances whereby the police have a power to arrest you for failing to disclose your name and address - none of the search powers contain this right!

Section 1 or Section 60 are the most likely search powers that will be used. You get bonus points for a Terrorism Act search (s43/44).

You do not have to comply with attempts to photograph or film you.

Do not bring knives (bladed or sharp items) or drugs. If you have to bring medicine bring them in their original packaging.

Think carefully about whether you need to carry anything with your personal details on. Guidelines to police officers state that they should not retrieve personal details from items such as bank cards, but in our experience they'll do it anyway.

Remember to write the contact details for Bindmans (solicitors) and Arrestee Support on your arm or leg. We recommend you use the Arrestee Support line as your one phone call at a police station and tell the custody office that they can talk to Arrestee Support about your situation.

Call us when you get out (we may have messages for you) and please keep in contact with legal[at]climatecamp.org.uk afterwards so we can monitor the outcomes over time. If you don’t tell us – we don’t know.

You can leave messages for anyone arrested with Arrestee Support and we will pass it on.

What can I get arrested for?

• Aggravated Trespass – trespassing on private land or buildings, without consent of owner, with intention of intimidating, disrupting or obstructing someone (eg. workers) going about their lawful activity.
• Obstruction of the highway - wilful obstructing the free passage of the public highway.
• Criminal damage – if you cause permanent or temporary damage (eg chalk) to property without lawful excuse.
• Breach of s14 condition imposed on public assembly. You'll know there's a s14 condition in place, because the police will tell you.
• Disorderly conduct s5 POA – using threatening, abusive or insulting words or behaviour or disorderly behaviour or displaying any writing, sign or other visible representation which is threatening, abusive or insulting within the hearing or sight of a person likely to be caused harassment, alarm or distress.
• Breach of peace – the police must reasonably believe that you are using violence, or about to use violence against people or, in their presence, against their property, or that others may be violent in response to your actions if they don’t arrest you.
• Assaulting or wilfully obstructing a police officer carrying out a lawful duty.

Further reading:

A guide to possible offences
http://www.activistslegalproject.org.uk/Offences5.pdf

General guide – A Climate Activist’s guide to the law
http://www.activistslegalproject.org.uk/cclawguide2008.pdf

Arrest process and your rights – excellent advice on the right to remain silent http://www.activistslegalproject.org.uk/Arrest%20Process%20and%20Your%20...

The impact of arrest and criminal convictions: http://www.activistslegalproject.org.uk/Impact%20of%20Arrest%20and%20Con...

Finally, a plug for Fit Watch…turning the tables on the police surveillance… details of how to fit watch at http://www.fitwatch.blogspot.com/ with their latest police spotter card for printing.

If you witness an arrest, and a legal observer is not present and calling in the arrest, then here is the ABC and D/E of what you need to do:

A – Alias –ask what name are they giving

B – Base & Basis –find out to what police station they being taken to and what they are being arrested for

C – Call Arrestee Support

D – Describe – You may be a key witness in their defence so make a detailed note asap of what happened leading up to the arrest. Use a witness statement form from a legal observer or make a written note (mark on it the date and time you made it). Email a copy to legal[at]climatecamp.org.uk. Contemporaneous notes are more credible evidence and can be referred to in the witness box so it is worth taking the time to do this. Do take a notebook and pencil – good timely record keeping of who, when, where, what etc makes a difference afterwards for legal defences and for campaigning.

E- Evidence – Think about what more evidence might be useful. A plan of the location? A sketch of the scene? Some photos? Find other witnesses and get their details and asking them to write an account? Get a business card from journalists who may have relevant footage? Potential witnesses can be told to email legal[at]climatecamp.org.uk with accounts.