During the anti-G8 demonstrations on Monday 4th July, there were many instances of people being held within police cordons, and only being allowed to leave if they gave their name and address. Therefore a clarification is necessary for all people planning to attend demonstrations for the rest of this week:

• A Section 60 does not permit police to demand your name and address – it only allows them to search you without reasonable suspicion, provided a Section 60 order is in force.
• There is no right to detain you without reason under section 60.

Although a Section 60 order was in force, it has now become clear that the police are using this in conjunction with a Section 13 Criminal Procedure (Scotland) Act 1995. Section 13 allows the police to demand your name and address but only if:

a) they reasonably suspect you have committed an offence; or b) you have potentially witnessed an offence.

For more information please Section 2 of our Activist’s Guide to Scots Law.

HOWEVER, in practice on the 4th July the police detained/arrested some people for not giving their name and address without having first explained which offence they were suspected of having committed or witnessed. It is obviously still your decision whether you choose to give your name and address in these circumstances.

IF THE POLICE DEMAND YOUR NAME AND ADDRESS OUR ADVICE IS:

• Ask what law they rely upon to obtain your name and address.
• If they say s60 – they have no right to do so under this section.
• If they say s13 – ask what offence they suspect you have committed or what offence you are alleged to have witnessed. If they cannot state what offence you are linked to – they have no right to demand your name and address.
• Keep checking for further updates from our site: www.g8legalsupport.info

BACKGROUND ON CONTAINMENT: STREET INTERNMENT?

Police used ‘containment’ tactics on 4th July, surrounding groups and holding them virtually prisoner for many hours.

The precursor to this ‘street internment’ was to be found in a media statement by the police referring to an increasing ‘risk’ to public safety. This is precisely the justification used by police to contain the Oxford Street Mayday protestors, upheld as a valid reason by the courts, although the case is currently being appealed. But until and unless the appeal is successful, the police can – in theory – justify what amounts to mass false imprisonment on the grounds that the protestors own safety is at risk if they leave the cordon. This means that any attempt to leave the cordon without police permission may well result in your arrest. Ordinarily, of course, you would have the right to resist false imprisonment, but the Mayday legal precedent means the police may well be able to justify their actions in law. Nevertheless, note down all details if you are ‘contained’ especially as regards what happened when you left the cordon. It may be that the police will be shown to have falsely imprisoned you on the facts – or the precedent may be overturned on appeal, allowing you to sue for false imprisonment.