Spending a decade in prison just for
wearing a mask seems like a joke, but it’s a frightening reality for
Canadian protesters. This past summer, Canada passed new legislation
stipulating that dissenters who don a mask could face up to ten years in jail, an unreasonable consequence for such a non-offense.
Chalk it up to Canada’s ongoing draconian laws to discourage
protesting. Though Canada guarantees the right to assemble and dissent,
the government learned what that actually means when put into practice
beyond a symbolic display. A massive student movement protesting tuition hikes did not fizzle out like most protests,
so the government responded by instituting curfews, heightening fines
and inventing arbitrary laws like this mask rule in order to discourage
protesting without officially forbidding it.
To receive a sentence of up to ten years, masked protesters must also
be participating in an “illegal protest.” Unfortunately, by definition,
almost all protests, including peaceful ones, are deemed illegal by
Canadian law. To be considered “legal,” protesters must first submit a
protest itinerary to and receive approval from law enforcement. Seeking
permission from authorities to protest seems to not only defeat the
purpose, but also undermines the idea that protesting is a
constitutional right.
In recent years, masks, particularly Guy Fawkes masks (popularized in the film V for Vendetta)
have become staples at protests internationally. From Tunisia to
Thailand to Brazil to Japan, these masks make their way to all corners
of the earth to stand as a symbol of opposing tyranny.
However, just like the Canadian government, other countries’
authorities are similarly cracking down on masked protesters. Canada’s
laws may carry the steepest consequences, but Germany also makes it illegal for striking workers to wear masks. Additionally, the United Arab Emirates has banned Guy Fawkes masks altogether.
Presumably frightened by the mask’s symbolism in other nations’
respective Arab Spring actions, UAE has deemed the mask both insulting
to its country and a symbol that may incite riots. “We urge citizens to
celebrate using other symbols such as national flags,” said a police
spokesperson.
The United States criminalizes masks, as well. In 2011, when police
were looking for “legal” excuses to arrest protesters for their
participating in Occupy Wall Street, they reached all the way back to an archaic 1845 law
forbidding masks. During demonstrations, police plucked multiple
mask-wearing people from the crowd, many of whom were understandably
unaware that this infraction could be considered a crime in the first
place.
Given that exceptions to such petty laws are generally granted in
cases of political speech, it seemed like these mask arrests would go
away. However, when OWS protestors celebrated the movement’s second
anniversary last week, the problem resurfaced. Though the event was both
peaceful and smaller than past protests, police officers still used the
standby to arrest three mask-wearers, likely just to exert their authority.
While many assume the attacks on masked demonstrators are an
arbitrary way for the government to legally target protesters, others
see the crackdown as more nefarious. Given the current surveillance
state and the police’s omnipresence at all political protests, the
government may feel it important to keep tabs on which citizens oppose
its policies. Since masks would obscure a protester’s identity, they’ve
sneakily made it illegal to wear them.
If the government is as corrupt as protesters allege, that’s all the
more reason protesters should be able to disguise their identity to
protect from authoritative repercussions. “Free speech” is hardly free
when the powers that be can intimidate citizens from expressing their
viewpoints.
This is not a comprehensive list of laws which you may come
across, but they are the ones which come to mind as the ones that could
be used.
For further information about laws used against protesters, police powers, the arrest procedure and your rights, check out the freebeagles website. It
is worth reading up on the following laws as knowledge is power (!)
however it should be noted that the police don’t always stick to the
law.
Despite this, you should not be put off getting out there and
campaigning – hunt saboteurs are out in the fields sometimes several
days a week, effectively stopping the killing and with only a handful of
arrests made each year.
General information
- Ensure that you have the name/number of a trusted solicitor with
you (local groups may be able to suggest some or will be handing out
“Bust Cards” with legal information on them)
- If you are meeting up with a local group, find out if they have a
legal support or arrestee-support team at hand and get the contact phone
number for them
- Ensure that you have a name and address that can be verified by someone (just in case!)
- The police have as much right as any member of the public to take
photographs/film you. Unless you are under arrest, you do not have to
comply with such activity. You may also film and take photographs of the
police. Putting a hand or map up in front of your face is not illegal,
though putting it up in front of the camera may be seen as obstructing
police. Be careful if you are filming as you do not want to get anyone
else in trouble, accidentally identify them or make them feel
uncomfortable
- Be careful not to use people’s real names when around the police or
pro-cull people and be careful what you say around people you don’t
know
Stop and Search
If the police can argue that they have reasonable suspicion that you
as an individual may be carrying stolen property, offensive weapons or
drugs, they can search you under Section 1 of PACE. They should not read
any personal correspondence (but often will) and you do not have to give your details.
If an officer of at least the rank of inspector believes serious
public disorder or violence may occur in a given area, an order can be
authorised under Section 60 of the Criminal Justice and Public Order Act
1994. These orders have to cover a specific area and can last for up to
24hours (although repeated orders can be made). They should be put into
writing as soon as possible.
They give police officers in the areas the power to stop and search
any person or vehicle, passengers, luggage, etc. to look for dangerous
or offensive weapons. They do not
have to suspect you as an individual – they can search anyone they
want. If there are a lot of people in an area, those that fit the
officers’ profiles of “troublemaker” are more likely to be stopped
first/most.
If a “Section 60 Order” is in place, police may also use Section 60AA
to ask a person to remove any item that the person is wearing to hide
their identity (masks, balaclavas, etc.) It is not against the law to
wear such items, just to refuse to remove them or hand them over to
police when asked to do so.
Giving your details…
You are not obliged to carry I.D. in the UK, though police officers
will sometimes ask for proof of I.D. In situations where you must
provide your details (see below) they can check the electoral register,
call someone at your home address or check a driving license, etc. It is
up to you whether or not you carry I.D.
If you are the driver of a vehicle, you are required by law to give
your details (name, address, date of birth) when asked by an officer.
They have the right to stop any vehicle and demand to see driving
license, MOT and insurance documents. This is covered by Sections 164
and 165 of the Road Traffic Act 1988. If you do not have your documents,
you should be given a “producer” and be allowed to attend a police
station with the documents within seven days. Passengers are not required to give their details unless suspected of being part of another offence or wear not wearing seat-belts, etc.
Section 50 Police Reform Act 2002 makes it an offence to refuse to give your details (name and address only)
if an officer reasonably believes you have been or are engaging in
“anti-social behaviour”. This is behaviour that is likely to cause
harassment, alarm or distress to someone. You can be arrested and
charged if you refuse, though the police often abuse this law – use your
discretion!
If you are arrested or given “street-bail” (meaning you are arrested,
but released on bail without going to the station) you can refuse to
give your details, but this will cause delays/extra hassle for you as
well as the police. It is up to you, but most people give their details
at this point.
Breach of the Peace
A breach of the peace is someone using or threatening to use violence
either against a person or (in their presence) someone’s property. It
is not the making of noise such as blowing a whistle, using a drum or
megaphone (depending on what is said), etc. You do not actually have to
be violent in order to be arrested – if your actions are provoking other
people to use violence, the police may arrest you to prevent this.
In taking action, the police should arrest/give a direction to the
person or people provoking/threatening violence and not just to the
smallest party involved. If arrested, you will not be charged with an
offence so you do not
have to give your details (or fingerprints, photo or DNA) to the police.
Unfortunately, if you are trespassing, you could legitimately be
arrested for “breach of the peace” as you could be seen as interfering
with the property rights of another person, therefore provoking them to
use violence against you. However, you will often be given warnings to
stop your actions/leave land before you are arrested, so you have an
opportunity to get away.
Trespass and “Aggravated Trespass”
“The act of remaining or entering on land without a right to do so”
Trespass itself is not a criminal act in the UK. It is usually dealt
with as a civil matter… If you refuse to leave land, however, reasonable
force can be used to remove you or the police may be asked to assist.
You may be arrested to prevent a breach of the peace if they are feeling
particularly nasty. Trespass becomes unlawful if you are trying to
disrupt, deter, obstruct or otherwise interfere with a lawful activity.
This is known as “aggravated trespass”.
You will normally be given an option of leaving instead of being
arrested, obviously depending on what it is you allegedly did and the
mood of the situation. While some police forces have said they are not
intending to use this law to arrest anti-cull protesters (as it may be
unclear at times if shooting is a “lawful activity” on a particular
piece of land) other forces have suggested that anyone seen wearing an
anti-cull or hunt saboteurs association t-shirt in the cull areas will
be arrested preventatively…
Remember, though, that your intention must be to disrupt the
activity. If you are walking along footpaths, regardless of what time of
day/night it is, you are entitled to be there. If you happen to be in
the area of the cull and shooting has to stop because of your presence,
you have still not committed an offence as your intention was merely to
go for a walk, not to disrupt the cull…
Harassment, Alarm, Distress
Section 5 Public Order Act 1986 deals with the offence of causing
someone harassment, alarm or distress. In order to be guilty of this
offence, you must have been using threatening, abusive or insulting
behaviour or words (or disorderly behaviour). The use of amplified noise
would rarely fit into this category. Generally speaking, when dealing
with farmers, marksmen, police and others, don’t swear or shout abuse at
anyone. Keep what you’re saying factual and don’t give the police any
excuse to arrest you.
Conditions placed on protest
Section 14 Public Order Act 1986 generally deals with protests on the
street, so should only affect you if you have decided to do a
stationary protest outside a company, supermarket, etc. Conditions
imposed on the protest can only
include the duration of the protest, how many people can take part and
where the protest can take place and these must balance the right to
freedom of speech with the right of the company to continue their
business. Conditions should only be imposed if there is a threat of
serious damage to land or property, of disruption to the life of the
community or to prevent serious public disorder or if the officer
believes that the intention of the organisers is to intimidate other people. Conditions can only be imposed by the senior officer at the scene.
Again, generally speaking, if you use common sense and don’t block
the highway or doorways to shops or other buildings and you put across
your points and the facts politely, you should draw less negative
attention from the police. You do not have to ask for permission before conducting a stationary protest.
For information regarding staying within the law on protests and with
letter/email writing and phone-calls to companies such as the
supermarkets supporting the cull, see “Malicious Communication” on the
freebeagles website: http://www.network23.org/freebeagles
Section 241 Trade Union and Labour Relations (Consolidation) Act 1992
Unlikely to be used, but an interesting one to mention none-the-less
as this law has been used in the past to arrest various protesters. A
person commits an offence if they use violence towards or intimidate a
person or their family or damage their property in order to stop them
from doing a lawful activity or to force them to do something they have a
right to refuse to do. Persistently following a person, following them
in a disorderly manner (along with two or more other people), stalking
them at their house or place of work or hiding their tools, clothes or
property (or hindering them in the use of their tools, etc.) with them
same aim also amounts to such an offence.
It is a harder one to prove against somebody, but, again, staying
polite and non-violent in your actions may go in your favour if you do
end up having to deal with the police.
Protection from Harassment Act 1997
Under this law, a person must not pursue a “course of conduct” which
amounts to harassment of another and which they ought to know would
amount to harassment of the other person. A “course of conduct” means
that at least two incidents have happened to an individual, for example a
marksman.
Squatting (land and buildings)
Squatting means occupying empty buildings, or land, without
permission. In September 2012, Section 144 of LASPO made it a criminal
offence to trespass in residential properties with the intention of
living there. Still, only the police have the authority to force entry
and enforce the new law. You can also squat as normal in non-residential
properties (which includes pubs (but not any flats above them),
warehouses, hospitals, barns and, of course, land) and you may still
find owners who will give you permission to use their property.
There should always be someone in the place as this is what gives you
your legal protection. The owners can evict you if they find the place
empty, so you should always have someone at home. When you move in you
should note any reading on electricity/gas meters and contact the
suppliers telling them you wish to set up an account (don’t say you are
squatting). A copy of a letter/reference number can help show the police
you are trying to pay any bills. Do not open the door to any police or
people you don’t know!
Information on how to squat a piece of land is minimal, but has been
done by protest camps in the past. It appears that simply having a
“symbolic” barrier running around the boundary of the land you wish to
keep possession of is enough by law – so, a simple rope will do the
trick just to mark out what area you are squatting. Of course, this will
not stop the determined landowner, so you may want to think more about
security on site and how to better secure the perimeter.
In Summary:
- Don’t swear at or threaten anyone
- Don’t declare any intention of stopping a lawful activity
- Safety should be paramount for all parties – make sure that shooters are aware of your location
- Wearing the same clothes as others makes everyone less identifiable
- It is perfectly lawful upon seeing a group of people with guns to
shout to them “stop shooting, we believe you are acting unlawfully and
you must now wait for the police”. This would be a particularly good
tactic if the police happened to be behind you as it would be making
your intention very clear; that you are looking at stopping the illegal
killing of badgers.
Further reading:
Hunt Saboteurs Association: hsa.enviroweb.org/
Stop The Cull Campaign: www.stopthecull.net
General legal information: www.network23.org/freebeagles
Specific information regarding stops & searches: www.stop-watch.org
“No Comment” Handbooks (available from the Legal Monitoring and Defence Group)
Advisory Service for Squatters: www.squatter.org.uk
Vegan Prisoners Support Group: www.vpsg.org
Information about security: www.activistsecurity.org
En Samuraj och Furry! 
Furry Pride!
Jag är Skåning! Ättling till Friskyttar och Kosacker - så jag har krigarblod i mig. Har dock bot i Vingåker några år av mitt liv och har släkt och furryvänner i Stockholm.
´
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