What To Do If You Are Arrested
Wednesday, June 29th, 2005
This Page Contains The Following Briefings:
‘Bust Card’. This contains advice on your rights, what to do if you are arrested and emergency numbers to call. Everyone should carry a Bust Card, whatever their plans. [Download as PDF] [text below]
‘Post-arrest Procedure in Scotland’ briefing. [Download as PDF]
If you have been arrested:
‘Post Arrest’ advice after you have been released. [Download as PDF] [text below]
‘Action Against The Police’ . Advice on how you might be able to take legal action against the police. [Download as PDF]
BUSTCARDS
[Download this Bust card as a PDF]
A Bust Card contains advice on what to do if you are arrested. It also has an emergency phone number, staffed by legal group volunteers, which you can call for advice if you are arrested, as well as phone numbers for solicitors. Take it with you on a demonstration.
NOTE: The phone numbers on the bust cards will not be active until July 1st, 2005.
This bust card is available in a number of languages:
English Version
[Download this Bust card as a PDF]
Legal Information
This info is provided by the G8 Legal Support Group. There are Legal Observers on the G8 protests, wearing orange bibs. The role of Legal Observers is to observe the police and gather witnesses to arrests. We are not stewards or organisers. Please co-operate with us. Detailed legal info is at www.g8legalsupport.info. You do not have to tell the police your name/address unless they reasonably suspect you of committing or witnessing an offence. They must tell you the general nature of the offence and whether you are a suspect or a witness. You do not have to give any information other than your name and address
Stop & Search
There is no general right for the police to search you, so ask them to identify the power they are using and remember what is said.
Where a Section 60 Order is in force it allows uniformed police to search you (and vehicles) without suspicion for weapons. The police can also require that any item be removed which the police think is wholly or mainly for concealing identity (e.g. masks).
Section 44 Terrorism Act also allows uniformed police to search you without suspicion.
The police can only carry out a “pat down” search and you are only required to remove outer clothing in public.
You can only be searched by an officer of the same gender.
We advise you to say “No Comment” to any questions.
If You Are Detained
Shout out a name to a Legal Observer or persons nearby so you can be located later.
You have the right to know why - so ask.
Note the numbers of the police officers.
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 may speed up release.
We advise you to say “No Comment” to any questions.
You have the right to have a person informed of your place of detention and to have a solicitor informed of your detention.
After six hours you must be either released or arrested.
If You Are Arrested
Shout out a name to a Legal Observer or persons nearby so you can be located later.
You have the right to know why - so ask.
Note the numbers of the police officers.
You do not have to give any information apart from your name and address. Giving your date of birth may speed up being released, but it is not legally required.
You have the right to have a person informed of your arrest.
You also have a right to speak to a solicitor free of charge. And remember that only a solicitor may visit you or speak to you whilst you are in custody.
We advise you to contact a solicitor and to say “No Comment” to any questions until you have spoken to your solicitor. Don’t write or sign a statement or a police notebook.
If You Witness An Arrest
Note down the person’s name (or a description).
Make a note of the exact time and place.
Pass the details to a Legal Observer, to our Legal Info points, or via our website or email.
WRITE THESE NUMBERS ON YOUR HAND OR ARM:
G8 Legal Support Group: Contact us if you are detained, arrested or witness an arrest (and to let us know when you are released).
Tel: 0845 223 5258 OR 07704 265 843
Email: g8legalsupport@riseup.net Web: www.g8legalsupport.info
Solicitors On Call 24 Hours A Day:
Beltrami Berlow: 0131 554 0999 / 0141 554 0999
Clare Ryan: 0141 558 0234 / 07977 000 312
POST ARREST BRIEFING
Welcome Out!
This leaflet is intended for people who were arrested during the G8 protests in Scotland and have just been released. It contains some advice on things you can do now which could help you in the longer term and an explanation of the various directions your case may go in.
Things to do Now
- The first thing is to look after yourself. Were you injured at all? Some of our minibuses are accompanied by medics. If there are no medics around and you are seriously injured then go straight to hospital.
- Make a note of what you are wearing and when/where you were arrested.
- There are a number of people available to talk to at the convergence centres who have experience of dealing with traumatic situations.
- If you were injured at any point it is a good idea to get it documented. We (or the medics) can help with this.
- Make sure legal support know you are out (talk to whoever gave you this or to the legal info point at a convergence centre)
Things to do Soon
- Write an account for yourself of what happened.
- Get anyone else you know who saw what happened to you to do the same and to fill in a witness form.
- It is a good idea to get a second set of photographs of injuries a few days after the incident as not everything shows up at first.
- Make sure you have contact information for your solicitor and for the legal support team.
- Keep all the above in a safe place which you’ll remember!
Things that may get done to you
If you have been released from a police station without signing an undertaking (see below) then you may hear nothing further, you may be sent a Fixed Penalty Notice (a bit like a speeding fine) or you may be sent a Citation, which means you’re being prosecuted. If you were released from the police station on an undertaking (which means you signed a form to say you’d come back to court on a certain date) or were released following a court hearing then you’re being prosecuted. If you were released from court you may well have been put on bail ― in which case you should have some paperwork explaining what your bail conditions are. If you were released on an undertaking then the only condition is that you come back to court on the date specified ― the police cannot impose bail conditions in Scotland.
If you are prosecuted then don’t panic ― you’re not convicted yet! Contact the legal support team, there may have been witnesses who told us what they saw that you don’t know. Tell your friends/affinity group ― try and make sure someone comes with you to each court date.
If you get a citation in the post then you can plead (Guilty or Not Guilty) by post. If you are on an undertaking then you have to come to court to plead in person. If you plead Not Guilty you’ll always have to come to court for the trial. Think about whether you want a solicitor and if so contact one straight away.
There will be defendants meetings on: DATES TO BE ANNOUNCED
G8 Legal Support Team
www.g8legalsupport.info
g8legalsupport@riseup.net