Tomorrow sees the Reclaim Brixton event taking place in central Brixton (see here for full details of the day).
The organisers have repeatedly stated that they intend the day to be a fun, family friendly and totally peaceful event.
However, we have been asked to post up the following legal advice in case anyone does find themselves in trouble with the police.
Key Advice when Going on a Protest
If you’re heading out on a protest, take a read of our key messages and download a copy of our latest bustcard.
We suggest that you take a note of our arrestee support number and of a criminal solicitor with protest experience. Write them down on something the police will struggle to take from you, such as an arm or a leg.
Arrestee Support: 07946 541 511
Solicitor with protest experience
Key Messages
No Comment
You do not need to answer police questions, so don’t.
This is for your own protection and for the protection of others.
The police will try to pressure and deceive you into incriminating yourself. Instead of trying to decide when it seems ‘safe’ to answer, just say “No comment” to all questions – during ‘informal chats’, in the police van and especially in interview.
If your friend in the next cell knows you aren’t going to talk, they will feel better able not to talk themselves. Remember, interviews only help the police – they will not interview you if they already have enough evidence to charge you.
A good solicitor will sometimes suggest that you make a prepared statement in interview. In that case, you or your solicitor will read the statement and you should answer “No comment” to any more questions.
For a longer discussion, the booklet “NO COMMENT” produced by the Legal Defence and Monitoring Group is excellent.
No Personal Details
You do not have to give personal details under ANY stop and search power, so don’t.
On protests, the police often use searches as a way of finding out who is present, both for intelligence purposes and to intimidate you.
Police also use arrest as a means of gathering information, particularly when they arrest a large number of people together (“mass arrest”).
You do NOT have to give your personal details to the police at any point during the arrest process. In fact, you are not legally required to give any personal information until you appear in court.
We recommend not giving personal details to the police for as long as possible – for more information on why, see the page “Do I have to give my details?”.
No Duty Solicitor
Use a recommended solicitor with protest experience
The “duty solicitor” is the solicitor who is present at the police station. They may come from any firm of solicitors, which means they almost certainly know nothing about protest.
Duty solicitors often give bad advice to protesters; we recommend you always use a good solicitor who knows about protest.
No Caution
Cautions are an admission of guilt
Offering you a caution is a way the police may ask you to admit guilt for an offence without having to charge you. It is an easy win for the police, as they don’t have to provide any evidence or convince a court of your guilt.
At the very least, you should never accept a caution without taking advice from a good solicitor.
What Power?
Ask “What power?” to challenge the police to act lawfully
Some police officers rely on you not knowing the law. If you are asked to do something by a police officer, ask them what power (i.e. what law) they are using and why they are using it. Make a note of what was said, by whom (numbers) as soon as possible afterwards.
Don’t let them turn this into a situation where they ask you questions though – just walk away once you have your answer, and remember No Comment!
*This content has been reproduced from the Green & Black Cross website: