The Legal Implications of Taking Direct Action

By Francesca Doggart

At the end of last term a representative from the Activists’ Legal Project collective came to Warwick to lead a workshop on the legal implications of taking direct action. These are some of the key points we discussed. Much of the information below is taken from their website.

Can the police take my name and address?
It is not an offence to refuse to give the police your name and address unless you are the driver of a vehicle. However, if you are suspected of committing an offence or engaging in ‘antisocial behaviour’, then your failure to give these details may lead to your arrest.

Can the police stop and search me?
General search powers allow the police to stop and search if they have a ‘reasonable suspicion’ that you are carrying drugs, weapons or stolen items. In addition, the police can get authorisation to do blanket searches without having grounds to suspect your individual behaviour¹. Blanket searches are often conducted at demonstrations to slow down and intimidate protestors. Check your pockets before you leave the house and don’t bring any weapon-like items with you.

What rights do I have on arrest?
- You have the right to consult a solicitor.
- You have the right to remain silent. It is advisable to answer ‘no comment’ to any police questions until you have taken legal advice.
- You have the right to notify someone of your arrest.
- You have the right to see a doctor if you are injured.

What’s the impact of a conviction on future employment?
If you get a criminal record for an act of protest but take the time to explain the charge to your prospective employer, it will probably not affect their decision to hire you. A protest conviction will only prevent your chances of employment if the charge relates to the sort of work you would be doing. For example, having blockaded the Trident submarine base at Faslane you are very unlikely to be invited to work there.

These are the charges most regularly brought against activists:

• The penalties listed below indicate the ‘worst case scenario’ and in reality are unlikely to reflect the sentences given to activists. Fines rarely exceed the low hundreds and can be paid off in installments as determined by income level. First time offenders are often given a more lenient sentence or released without charge.

1. Obstruction of the Highway²

Activists who sit or stand in the way of a public thoroughfare – for example to blockade or set up a stall without permission – are likely to be arrested for Obstruction of the Highway. It is not necessary to block the whole highway or even for the police to prove that anyone has actually been obstructed. There is no risk of imprisonment for this charge and the maximum penalty is £1,000.

2. Aggravated Trespass³

Entering private property without permission with the purpose of disrupting or obstructing someone going about their lawful activity, is cause for arrest for Aggravated Trespass. In the past, protestors have made a successful defence in court on the basis that the activities carried out by the company they are protesting against are unlawful. The maximum penalty is 3 months imprisonment and/or a fine of £2,500.

3. Breach of the Peace⁴

Activists may be arrested for Breach of the Peace if they are believed to be causing, have just caused or are about to cause trouble. Any sign of violent behaviour occurring in the immediate past, present or future against persons or property may be construed as a threat to the peace. This is not a criminal offence though and therefore the only possible penalty is a bind-over order in which you guarantee your impeccable behaviour for a period of time or face a fine.

• This is the definition of Breach of the Peace under British law. People who have been arrested at Faslane for this offence would be more likely to face an Obstruction charge in Britain.

4. Obstructing a Police Officer⁵

This is a fairly self-explanatory charge. It is most regularly used at demonstrations against activists who make it difficult for the police to do their job. Obstruction can include ignoring instructions, giving out a false name or address and being deliberately misleading. The maximum penalty is 1 month imprisonment and/or a fine of £1,000.

5. Organisation of and Participation in Marches

It is an offence to organise a political march or procession without giving the police 7 days notice in writing. You only need two people and a banner to make a ‘march’. The maximum charge for failing to notify the police in advance is £1,000.

Conditions can be imposed in advance or on the day of the march if the police believe it will lead to serious public disorder⁶. The conditions can restrict the route, the types of banner, the duration and the number of protestors. Failure to comply has a maximum charge of £1,000 for participants and a £2,500 fine and 3 months imprisonment for organisers.

6. Disorderly Conduct⁷

This offence criminalises certain behaviour that falls short of violence but could be construed as threatening, abusive, insulting or disorderly. This can include the use of swear words on a banner, an offensive chant or a symbol on a T-shirt. The conduct does not need to be directed at someone but there does need to be a victim who could have suffered from distress caused by the actions of the perpetrator. The maximum charge for this offence is £1,000.

7. Criminal Damage⁸

If you destroy or damage property or threaten to do so during an action, either recklessly or intentionally, you are likely to be charged with Criminal Damage. The damage does not have to be permanent; it can wash away with the rain and still amount to an offence. If the cost of the damage is below £5,000, the maximum sentence is 3 months imprisonment, a fine of up to £2,500 and a compensation order equivalent to the amount of damage.

8. Harassment⁹

This charge has been used against Animal Rights activists who engage 2 or more people in conversation with the aim of persuading them to do something that they are under no obligation to do or persuading them to stop doing something that they are entitled or required to do. The maximum penalty is 6 months imprisonment and/or a fine of £5,000.

[1] Criminal Justice and Public Order Act of 1994, Section 60 & Terrorism Act, Section 44.
[2] Public Order Act of 1986.
[3] Criminal Justice and Public Order Act of 1994, section 68.
[4] Public Order Act of 1986.
[5] The Police Act of 1996, Section 89 (2).
[6] Public Order Act of 1986, Sections 12 & 13.
[7] Public Order Act of 1986, Section 5.
[8] Criminal Damage Act of 1971, Section 1 (1).
[9] Serious Organised Crime and Police Act of 2005.

Christopher Rossdale : 16 May 2008 01:25 |  Comments (0) |  Report a problem