[g8-sheffield] demo - bad news

[adriana]

Hello!

The Scottish guide to law and Legal Recommendations have been published
at the wiki:
www.wiki.sheffieldsocialforum.org/G8/


MOre legal recommendations to come (or update). However, the Public
Order Act seems to cover UK as a whole.
Remember also anti-terrorist laws may be applied.
Here is a brief transcription of an excerpt:
(published by www.dissent.co.uk/)

> Restrictions on Movement: Assemblies and Parades Where a public
> procession is planned, the local council should be given at least
> seven days advance notice. The council may prohibit a procession, or
> may impose conditions, for example the date, time and duration. It
> may prohibit the procession from entering specified public places.
> [Civic Government (Scotland) Act 1982, ss. 62-62] The most senior
> police office present at the procession can also impose various
> conditions on that procession if he believes the procession may cause
> serious public disorder, damage or disruption to the life of the
> community, or if it is intended to intimidate. They can impose
> conditions on an assembly that relate to its place, maximum number
> and duration. It is an offence to breach these conditions unless you
> can prove that matters were beyond your control. [Public Order Act
> 1986, ss. 12 and 14] Assemblies must consist of at least twenty
> persons and be at least partly in the open air. Processions must
> occur in a public place. [s. 16.] Where the chief constable (chief of
> the local police) reasonably believes that an assembly is intended to
> be held on private land or land to which the public’s access is
> limited, in the open air, without permission of the occupier of the
> land, the chief constable may apply for an order from the local
> council which, if approved, has the effect of banning all assemblies
> in the area designated by the order. The order must not apply to an
> area larger than a 5-mile radius or for longer than 4 days. Within
> the designated area an uniformed constable may direct persons whom he
> reasonably believes to be on their way to a banned area to go in a
> different direction than towards the assembly. [Public Order Act 1964
> ss. 14A, 14B, 14C] Restrictions on Movement: ASBOs Anti-Social
> Behaviour Orders (ASBOs) do operate in Scotland but they are
> different from those in England and Wales. They are unlikely to be
> used here (if they are they would have to be imposed in advance in
> court). 6 - Detention and Arrest The police have two separate powers:
> detention and arrest. Detention You may be detained if you are
> reasonably suspected of having committed an offence that is subject
> to imprisonment (an example would be breach of the peace). [Criminal
> Procedure (Scotland) Act 1995, s. 14] You need to be told that: (a)
> you are being detained and (b) what you are being detained for. You
> cannot be held in the legal state of “detention” for more than six
> hours, after which time you must either be released or arrested. If
> you are detained this may be because there is not sufficient evidence
> yet to have you arrested, and that they wish to question you. You do
> not have to give any information apart from your name and address.
> You do not have to give details about your occupation, your plans for
> the day, nor do you have to explain any items of clothing you are
> wearing or any bits of paper that you are carrying. We advise you to
> say no comment to any questions. You may want to give your date of
> birth as this can speed up release, but this is not legally
> necessary. Whilst you are detained you have the right to have a
> person informed of your place of detention. In some circumstances
> this right may be delayed for the investigation or the prevention of
> crime or the arrest of offenders. [s. 15, 1995 Act] You may want to
> use this right to contact the G8 Legal Support Group. You have a
> similar right to also have a solicitor informed of your detention,
> though you have no right at this point to speak to a solicitor. 
> Arrest The general power of the police to arrest is defined at
> common-law so there are no certain criteria. As a working rule if
> they reasonably believe you have committed an offence you may be
> arrested. This is the practice where you are caught in the act.
> Otherwise it is usual to detain you. You will usually be arrested by
> two officers. You should be cautioned and anything you say after that
> point to any police officer can be used as evidence. You do not have
> to give any information apart from your name and address. You may
> want to give your date of birth as this can speed up release, but
> this is not legally necessary. You may, depending on the
> circumstances, be processed at the scene. In this case you will be
> taken to a police van, formally charged, asked a number of questions
> (we advise you to say “no comment” until you have consulted a
> solicitor) and photographed (the photograph at this point will be a
> “Polaroid” of you standing between your arresting officers). You will
> be asked if you understand the charge and if you want to say anything
> in response (we advise you not to reply). You will then be put into
> the van and taken to the police station while your arresting officers
> return to the action. If you are not processed at the scene then your
> arresting officers will accompany you to the police station. At the
> station the procedure will be essentially the same whether you were
> processed at the scene or not (i.e. you may be asked all the same
> questions again). Once at the police station, you may be kept in the
> van for a while or put in a holding cell if the station is busy.
> Eventually you will be brought up in front of the custody officer.
> Here you will be asked a whole range of questions. You only have to
> give your name and address - we advise you not to answer any other
> questions. You may want to give your date of birth as this can speed
> up release. You will be searched and all your possessions put in a
> bag in the custody office. (You will be asked if there is anything
> sharp in your pockets first and warned that it’s an extra offence not
> to tell them if there is). You will be asked if you want anyone
> informed that you are there. You have the right to have a person
> informed of your place of detention. You may wish to use this to
> contact the G8 Legal Support Group. You also have a right to have a
> solicitor informed of your arrest. We advise you to contact a
> solicitor and to say no comment to any questions until you have
> spoken to your solicitor. A list of solicitors will be available from
> us nearer the time If you have any dietary requirements make sure you
> tell the custody officer (he may not ask). If you have been hurt in
> any way you should demand to be seen by a doctor. If you are on any
> medication or have a medical condition which could require it, then
> make sure you tell the custody officer at this point. After this you
> will be put in a cell. Try to relax (sleep if possible - you may be
> held for a long time). You should be given three meals a day although
> if you’re arrested in the evening you may not get fed until morning.
> At some point you will be taken out of your cell to be fingerprinted,
> to be photographed (properly this time) and they may also take a DNA
> sample (using a mouth swab). They have a right to use reasonable
> force to do all these. Remember that you are still under caution so
> do not chat with the officer who is fingerprinting or photographing
> you. You may also be questioned and again we advise you to say “no
> comment”. You may be formally charged when you are being booked in or
> you may be taken back out of your cell later for this. You will be
> asked if you understand the charge then if you wish to make a reply
> (we advise you not to reply). You may be transferred to another
> police station at some point. You will be either released, asked to
> sign an undertaking (see section 7 below) or held until the next
> working day for court. If you are released please contact the G8
> Legal Support Group and let us know you’re out. Arrest can be a very
> intimidating experience. It can also be a very boring and slow-moving
> one. Stay calm, relax when you can, remember your rights and you’ll
> soon be out.

Raves & Unlicensed Music Events – Page 1 of 6
Avon and Somerset Constabulary Policy
Title: Rave & Unlicensed Music Events
Unique Ref. No:
52QP-1022-03
Policy Manager: Chief Superintendent, Operational Planning
Last review completed on: March 2005
Next review due: March 2006
Effective commencement date: 6th September 2001
Replaces policy document(s): Rave Events
1. Policy
1.1 About this Policy
This policy explains how Avon and Somerset Constabulary will respond to
raves
and other unlicensed music events.
1.2 General Principle
Avon and Somerset Constabulary is committed to building a safer community by
protecting public safety, and promoting the rights and freedoms of
others. In
pursuit of these commitments the force ensures that appropriate action
is taken to
prevent anti-social behaviour and criminality.
1.3 Legitimate Aim
The reason for this policy is to prevent crime and disorder, protect
public safety
and to protect the rights and freedoms of others in accordance with articles
8,9,10,11 and article 1 of the first protocol of the European Convention
on Human
Rights as provided by the Human Rights Act 1998.
1.4 Legality
The legal basis for this policy comes from;
· Breach of the Peace and Public Nuisance under Common Law
· S19, S24 and S25 of the Police and Criminal Evidence Act 1984
· S24 and S163 of the Road Traffic Offenders Act 1988
· S35 of the Road Traffic Act 1988
· S1(1), S6 and S10 of the Criminal Law Act 1977
· S137 of the Highways Act 1980
· S72 and S78 of the Highways Act 1835
· S193(4) of the Law of Property Act 1925
Page 2
If printed, copied or otherwise transferred from its originating
electronic file this document must be considered to be an
uncontrolled copy. When documents are updated notification will be
circulated throughout the organisation. Policy amendments
may occur at any time and you should consult the principle electronic
file if in doubt.
Raves & Unlicensed Music Events – Page 2 of 6
· S99 of the Road Traffic Regulations Act 1984
· S1 of the Local Government (Miscellaneous Provisions) Act 1982
· S87 of the Environmental Protection Act 1990
· S1-5, S12 and S14 of the Public Order Act 1986
· S61, S63, S64 and S68 of the Criminal Justice and Public Order Act 1994
· Section 117 of the Police and Criminal Evidence Act 1984
· Section 3 of the Criminal Law Act 1967
· Regulation 6 of the Police (Retention and Disposal of Vehicles)
Regulations
1995
· S160 and S187 of the Licensing Act 1964
1.5 Policing Objectives
1.5.1 It is our aim to police raves and other unlicensed music events in
a manner which
minimises the disruption caused to the public and preserves the safety
of the
public.
1.5.2 Our policy is based on the belief that raves and other unlicensed
events have
generally not made adequate provision in terms of fire precautions, road
safety
and that there has been a lack of consultation with the local community
who are
likely to be severely affected by these events.
1.5.3 In relation to unlicensed music events and raves, the Avon and
Somerset
Constabulary takes the following general stance:
· where possible we will prevent these events from occurring,
· where possible we will close down events which are already taking place,
· we will minimise the impact on the local community, and
· we will identify and target the organisers of such events to obtain
evidence and
prosecute for offences where appropriate.
1.5.4 The overriding consideration by the senior officer dealing with
the event is whether
the action proposed by the police to stop the rave or unlicensed music
event is
proportionate to the disruption that the event itself is causing.
1.5.5 Consideration must also be given to the individual circumstances
surrounding
each event, including:
· the time, location and expected duration of the event,
· danger or potential danger to attendees or members of the public,
· observations of the event at the time,
· the resources available to police the event,
· the number of complaints made about the event,
· the health and safety implications for those attending the event and
officers
assigned to police the event.
· prior intelligence about the event, and
· whether the landowner has consented to the event.
1.5.6 Police officers and the public are not to be exposed to excessive
danger and the
potential for public disorder of any event will be continually assessed and
reassessed where necessary.

1.5.7 All decisions taken with regard to the policing of a rave or other
unlicensed music
event will be fully documented and justified.
1.6 How to Complain
1.6.1 If a member of the public disagrees with the course of action
taken by the police in
relation to a rave, or wishes to complain about this policy, they can
make an
organisational complaint (this policy is not yet available).
1.6.2 If a member of the public wishes to make a complaint against an
individual officer
they can make use of the Police Misconduct and Complaints against Members of
staff policy.
2
Administrative Procedure
2.1
This section gives some practical guidance in the administration of this
policy in
relation to ‘raves’ as defined in Section 63 of the Criminal Justice and
Public
Order Act 1994. The police response would normally be divided into three
phases:
Phase 1
-
Pre-event
Phase 2
-
During the event
Phase 3
-
Post event
2.2 Pre-Event – ‘raves’
2.2.1 If information is known in advance about the possibility of a
rave, the primary
objective for the police will be to prevent it from happening where
possible and to
identify and prosecute the event organisers.
2.2.2 On receipt of prior information regarding a rave contact will be
made with the local
District Commander (or, out of hours, the on-call District Commander).
They will
give consideration to the individual circumstances of the anticipated
event and
decide, where the requirements of the legislation are met, whether to
intervene
and stop the proposed event using the police powers conferred by Section
63 of
the Criminal Justice and Public Order Act 1994.
2.2.3 Where circumstances are such that the rave is permitted to
proceed, conditions to
set a maximum duration or maximum number of attendees could be considered.
Section 14 of the Public Order Act 1986 allows the police to impose
conditions on
a public assembly under certain circumstances, where it is believed that
serious
public disorder, serious damage to property or serious disruption to the
life of the
community may result.
2.2.4 Consideration should be given at an early stage to consultation
with local partners,
including the Local Authority, Environmental Health Services and the
Fire Service
to facilitate early intervention to ensure the safety and comfort of the
public and to
gather evidence where appropriate.
Page 4
If printed, copied or otherwise transferred from its originating
electronic file this document must be considered to be an
uncontrolled copy. When documents are updated notification will be
circulated throughout the organisation. Policy amendments
may occur at any time and you should consult the principle electronic
file if in doubt.
Raves & Unlicensed Music Events – Page 4 of 6









atw wrote:

>> I am trying to find out exactly what laws are being invoked.
> 
> 
> Similar to Derby I would guess...
> 
> http://indymedia.org.uk/en/regions/sheffield/2005/03/306796.html
> 
> 
> 
> 
>