Protests and Police Powers in the UK
Over the last few month, the right to protest and the police powers during protests have been the centre of conversation in the UK.
On 13th March 2021, hundreds had gathered in Clapham Common to remember Sarah Everard, a 33-year-old who was kidnapped while walking home and then raped and killed by a policeman, despite the police ruling the event illegal under covid-19 restrictions. The event had been called off by the official organisers after they were declined permission, but people showed up anyway to mourn Sarah.
In the evening, the police used force to disperse the crowd. Disturbing images of women being pushed around and some women getting handcuffed on the ground were captured. Patsy Stevenson, a 28-year-old from Southend, was one of the women to be arrested at the vigil - with images of her being handcuffed and held down by two male officers circulated widely on the internet. She has confirmed that she intends to start legal proceedings if the police does not withdraw her fixed penalty notice.
The police defended their actions on 13th March on the grounds of covid-19 restrictions on large gathering.
The police’s actions were heavily criticised, especially since the women had gathered to mourn a woman killed by a policeman and much larger gatherings of football fans were not treated the same way by the police.
A report by All Party Parliamentary Group (APPG) on Democracy and the Constitution (constituted of MPs) has found that the police breached ‘fundamental rights’ at the vigil for Sarah Everard. The report says that both the Metropolitan Police and Avon and Somerset Police wrongly applied "ambiguous" lockdown laws and "failed to conduct a proper assessment of the proportionality of their actions". Further the report says that, the Met “increased the risk to both officers and civilians” by failing to work with the proposed organisers of the vigil, to facilitate a planned and safe event – which “created the conditions for their later enforcement intervention”. Avon and Somerset officers “faced real violence but failed to distinguish between those protesting peacefully and those engaged in acts of violence” and used “excessive force against peaceful protestors”.
It must be noted that this report has no concrete implications. This is because APPGs have no official status and are informal, cross-party groups of MPs and Lords who share a common interest in a particular subject or policy area.
After the events on 13th March, the Police, Crime, Sentencing and Courts Bill 2021 (which has now been passed) became the centre of debate on police powers in the UK, provoking widespread protests. The Bill, which is over 300 pages, is set to reform laws surrounding protests, sentencing, police powers and more. The Bill includes very contentious clauses on protests and gives unnecessary, wide and vague powers to curb demonstrations on the home secretary and police, which the critics have deemed un-democratic and a violation of fundamental rights.
Under the new laws, the police can, among other things, –
Impose specific measures on the routes of marches
Impose a start and finish time on protests
Put more conditions on static protests
Set noise limits
If someone refuses to follow police directions over how they should conduct their protest, they could be fined up to £2,500. The Bill makes it a crime to not follow restrictions, protestors ‘ought’ to have known about, even without a direct order from an officer. Before, the police needed to prove that the protesters knew they had been told to move on, only then they can be said to have broken the law.
The most contentious of these powers are rules on noise. Conditions could be imposed on marches and static protests where the noise generated may ‘result in the intimidation or harassment’ or cause ‘serious unease, alarm or distress’ to bystanders. These terms, including ‘serious disruption to an organisation’ or the ‘life of the community’ can be defined by the Home Secretary herself by the virtue of ss.14(11)-(14) of the Public Order Act 1986.
The bill includes an offence of ‘intentionally or recklessly causing public nuisance’. Critics say this offense is designed to stop people occupying public spaces, hanging off bridges, gluing themselves to windows, or employing other protest tactics to make themselves both seen and heard.
Clauses 57 and 58 widen the “controlled area” around Parliament, within which protests may not take place, to such an extent that many MPs pointed out those in power would be able to go about their day without hearing or seeing public opposition to their actions.
This Bill grants the government and the police enormous amount of control on how protests are conducted. The proposed definition of ‘serious harm’ by protests in the Bill includes harm where a person suffers ‘serious annoyance, serious inconvenience or serious loss of amenity’. The prospect of criminal offences being committed on the basis of causing (or merely putting someone at risk of) ‘serious annoyance’ is absurd. Being loud is one of the ways, most often used by the public to get the attention of the government. The clauses in the bill are designed to make protests more difficult to organise and keep them out of sight of those in power. Right to protest is fundamental, more fundamental than being ‘protected from annoyance’.
Another clause states that damage to memorials could lead to up to 10 years in prison. This follows the toppling of a statue of slave trader Edward Colston in Bristol last year. This sentence is much longer than that given for violent crimes against actual living people. It is twice the length of the maximum sentence for assault causing actual bodily harm (five years).
In addition to new rules on protests, the bill brings blanket changes to early release and increased tariffs. This will increase the amount of time those detained must spend in prison before being released on license to serve the rest of their sentence in the community for certain offences. These changes would disproportionally impact Black, Asian, and Minority Ethnic people, as they are more likely to be arrested and be given longer sentences.
With this Bill, the Home Secretary has the power to determine which prisoners can and cannot be automatically released. This can potentially put pressure on the capacity of the Parole Board and risk breaching a prisoner’s right to liberty, right to fair trial and right against retrospective punishment.
Right to protest is a fundamental part of freedom of speech and expression. This right is protected by the ECHR and the Human Rights Act. If you are planning on going to a protest, here are some safety tips –
Bring – a bag pack to hold essential items such as water, face mask, snacks, sanitiser, good walking shoes, a change of clothes, power bank, ibuprofen, copy of emergency numbers and goggles to protect you from tear gas.
Do not go to a protest alone, bring your family and friends with you and make sure you all stick together.
Write down the number of non-duty solicitors who have volunteered to help with the protest or a solicitor who deals with protest laws on your arms. On duty Solicitors in a police station may not give you the right advice.
To protect your privacy and prevent surveillance, the best thing you can do is leave your phone at home. Consider using a secondary or burner phone instead. If you want to bring your phone, avoid using traditional phone calls and texts if at all possible. If you do need to carry your primary phone, keep it turned off until you absolutely need to use it. Signal is a secure, end-to-end encrypted messaging app that offers the option to delete messages after they're sent. You should also disable biometric unlocking, like FaceID or fingerprint features, and use a six-digit passcode instead.
Avoid using your card, bring cash and separate the bills. Stash some in your bag, pant pocket, etc.
Keep an eye keep an eye out for essential people (street medics, legal observers, in case of help, be aware of undercover cops, eye out for anyone in distress)
Avoid taking pictures if you want to protect your identity or protect from online abuse,
If tear gas is used, stay calm and don’t panic. Follow airplane rules – help yourself before helping others. If a tear gas canister is deployed, move away from the cloud, quickly and calmly. Try to keep your breathing slow and even. If you're able, try to help those around you move away from the cloud. Tear gas is heavier than air and eventually falls, so move to higher ground if you're able. Use water to flush your eyes, seek a street medic and don’t use other liquids such as milk. Change your clothes as soon as you can.
If you are pepper sprayed, do not touch your eyes. Water will help with symptoms, but it won't remove the irritating oils. LAW solution, baking soda solution, or diluted "no tears" shampoo are more effective.
In case of violent police tactics or police confrontation, say as little as possible, stay calm, keep your hands where officers can see them, and consider filming the interaction as unobtrusively as possible as a safeguard. You may be able to make a plan with the members of your group where those not involved in a police encounter can film it as a bystander. Try to write down or remember the officer's badge number and any defining characteristics (like height, eye colour, or tattoos) if the badge number isn't visible.
‘Kettling’ is a technique used by police to quell protests by surrounding a group or groups of people and keeping them physically stuck in one place, sometimes for hours on end. Try to stay calm and keep your spirits up – make eye contact with the person next to you, maybe start a sing along. Such tactics are used to put people off protesting, but remember you have a right to be there.
Before you take pictures of the protests, make sure you ask your fellow protestors for permission as some people may not want their pictures to end up on the internet. The police can stop you taking a picture if they have reason to suspect you might be involved in terrorism.
If protesting in a public area, the police may stop you and ask you what you are doing there. You are not required to give your name or addresses, but the chances are that the officer may be unhappy if you do not co-operate. If they suspect you’re carrying a weapon or engaging in terrorist activity, the police can search you, called a ‘stop and search’. They’re legally allowed to use force if you refuse to be searched.
If you feel at any point a protest is about to get violent, you can hang back and avoid side streets and stay in in the open.
Watch out for sudden arrival of huge amounts of police, especially on horseback. This is a signal to try and exit the protest the area if you do not want to engage further.
If you or your mates are arrested, track down a legal observer (volunteers who try to ensure arrested protesters are treated correctly).
If you want to avoid being tracked, identified or singled out during a protest, avoid making fashion statement and cover your tattoos and scars.
If you are white, use your privilege to protect people of colour around you. Black people are 53%, and Asian people 55% more likely to be sent to prison than White people.
If you are asked to do something by a police officer, ask them what power (i.e., which law) they are using and why they are using it. Make a note of what was said, by whom as soon as possible.
by Swarnim Agrahari