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Legal Advice for the stop and Section 60 act and some loop holes

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Uploaded by on Oct 23, 2008

At N30 and Mayday 2000 in London, riot police cordoned off the demonstration, corralling large numbers of people into an increasing confined area before taking their names, addresses and photographs, eventually releasing them one by one. This was done under the obscure Section 60 of the Criminal Justice & Public Order Act 1994 (originally designed to prevent minor football disturbances).

The S60 order is a new police tactic at major demonstrations used effectively to control, subdue and gain personal information about protesters despite having the extraordinarily limited power simply to "Stop and search in anticipation of violence".

Its effectiveness in the past was due to the fact that no-one knew just exactly what powers the police had under S60. As it turns out, they have very few powers.

In the event of an S60 order being issued on Mayday 2001, these are the important things to remember: The police have the power to search you for weapons (and dangerous instruments). They have no other powers under S60. They can only detain you "for as long as necessary to carry out a search".

They have no legal power to force you to give them your name and address. UNDER NO CIRCUMSTANCES give it to them: it will be kept on file for SEVEN years. When asked, say "NO COMMENT".

They have no legal power to force you to have your photograph taken. Do not allow them to do this. This too will be kept on file for SEVEN years. Keep your head turned away, or put your hand in front of your face.

They have no legal power to ask you to remove any item of clothing in public view, OTHER THAN that which is concealing your identity. Any facial masking can be confiscated.

If you are asked to remove coats/jumpers etc, REFUSE OUTRIGHT. They have no legal power to search wallets, purses, inside small pockets etc. This is an S60 search, for weapons only. If they ask to search wallets, purses, inside small pockets etc, REFUSE OUTRIGHT.
If you have a bag they will search that, but again for weapons only. Any other items, documents, potentially incriminating articles are OFF LIMITS.

Do not allow them to examine any of your personal possessions (cash cards, student cards, diaries, organisers etc). This is not part of S60. Under Article 8 of the UK Human Rights Act 1998 your privacy is assured. Make sure they know this. They can only confiscate weapons and facial masking.

They have the power to use "reasonable force" but ONLY if you do not submit to a search. No other force can be used for any other purpose.

They must tell you their name, number, station they're based at the reason for the search. Ask them for this. Not only will it piss them, off but if they don't provide this information the search will be illegal. Remember: in an S60 situation, you are accused of nothing and you have done nothing wrong. DO NOT ANSWER ANY QUESTIONS, however insignificant or polite. SAY "NO COMMENT" to everything.

Most of all, DON'T BE SCARED BY THEM! They know the law, and now so do you. USE IT!

http://www.urban75.org/mayday01/s60.html

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  • @robin22391 no such thing as a consensual or voluntary search - if a police office has reasonable suspicion, whether you give your consent or not does not matter you will still be searched. and you can be searched by force - s17 PACE

  • @ococircusboy

    only if you consent are they allowed to search you, unless you have committed a crime or they have reasonable suspicion.

  • @chooky85

    in a car? walking on the street you dont have to even acknowledge the police exist, until you commit a crime. australia?

    unless you vote in the nazis or stalin you dont even have to carry i.d unless you agree to.

  • @robin22391 ok in AUS thats what you have to do i looked it up in thye law as thats what a cop was telling me so i checked it out

  • @mattsaoz whatever mate. This guy has done the public a great service. I smell beacon.......it's you right.

  • Criminals are stop searched to protect drips like you who can't fight sleep. Do you think the police would bother stop searching you? Do you honestly think the police just want to target anybody with stop search as opposed to criminals behaving suspiciously? You are more likely to be sectioned. If robbers are cowardly hyenas then you sir are a gazelle! Oh, and you talking out of your rear end.

  • @chooky85

    you do not have to show id. if they give you a fine you can say you will not be accepting any paperwork.

  • 99% of the stuff you just said is wrong. Why do you even need to know this your never gunna be stopped by the cops. Stop Dreaming

  • will maybe you mite not have to give them your name but by law you have to show them your ID if they ask for it if you dont its a fine to you just like you can ask the police for there warrant card thats what they call it so ether way you lose

  • do you mean section 60? section 16 of CJA refers to execution of warrants.

    Just FYI also - police can by LAW remove a jacket, outer coat and gloves. so you are also wrong there. You also can search wallets, bags etc if you suspect anything inside.If anything else is found during a search that is 'potentially incriminating' regardless of what the search is you will still be arrested (mr smith searched under s.60 CJA and find 1kg of cocaine..they will be arrested)

    Are you a lawyer? No !

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