Legal Defense and Monitoring Group
Final Statement
After 24 years LDMG has decided to call it a day. It's a sad day, but we hope this may spark a renewed interest in legal support, which is the responsibility of the movement.
Thanks to everyone who has been involved or otherwise supported our work over the years. We are very proud of what our volunteers have achieved in providing legal observers, helping defendants, supporting prisoners and providing legal advice.
The documents will remain on this web site for the time being, but if you need legal support please contact Green and Black Cross by email at gbclegal@riseup.net
or by phone on the legal hotline 07946 541 511
6th June 2018
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Statement on Hyde Park Case
- 28/4/18 An email was recently sent to a number of people currently active and previously active in LDMG questioning the support given to a defendant in a recent case. Although we do not usually comment publically on cases, given the circulation of this email we consider a public response necessary.
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please support gaoled comrade
- 28/3/18
- this month Omar Awad has been sent to prison for 18 months (of which he'll probably serve 9 months). He had been arrested in Dover in 2016 after a group of fascists violently attacked those standing up against them. Please support him. If you would like to write to him please contact brightonabc@riseup.net
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court support call out - Lancashire
- 23/8/17
- Anti-fracking campaigners at Preston New Road in Lancashire are facing trials at Magistrates Courts over the coming months. They need people to offer court support in solidarity while protestors stay on the frontline. Details can be found on the NETPOL web site , if you can offer support by going along even for just half a day, it will be appreciated. A face of solidarity in the public gallery lets people know they are not alone.
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put e-bustcard on your phone
- 25/4/17
- You can now load our bustcard onto your android phone or device, it's packed with information including what to do if arrested, which solicitor to call, your rights if you are stopped and searched, making a no-comment interview, what happens at the police station. It works offline so you can have the bustcard with you where ever you are. You'll find it on the google play store, search for 'bustcard' or click here
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Test drive new e-bustcard
- 18/4/17
- You can download our new e-bustcard as an android app - it's in 'beta' testing before being put on google play store. please email us with any comments. enjoy
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New police bail time limits
- 5/4/17
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On 3rd April new time limits were imposed for police bail (referred to officially as pre-charge bail). Leavings aside serious fraud cases, the standard time limit is now 28 days.
It may however be extended by a senior officer (Commander or Deputy assistant commissioner) for a period of up to 3 months. The senior officer may only do so if:
A. They have reasonable grounds for suspecting the person in question to be guilty of the relevant offence; and
B. They have reasonable grounds for believing that further time is needed for making a decision as to whether to charge the person or that further investigation is needed of any matter in connection with the relevant offence; and
C. They have reasonable grounds for believing that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously or that the investigation is being conducted diligently and expeditiously; and
D. They have reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).
The person's legal representative must be informed and their representations considered.
After that a magistrate may extend the period for up to 12 months. They must be satisfied that B to D above apply.
For most people involved in protest cases police bail should end after 28 days, which should stop the use of police bail as a tactic to try and scare people away from further protests. -
No Comment in Welsh Language
- 28/10/16
- The defendants guide to arrest, No Comment, has been translated into the welsh language by Heledd Williams download it from here.
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Anti-fascist organising & legal strategy - October '16 newsletter
- 28/10/16
- The Dover demonstrtion in January 2016 was the most violent anti-fascist action in Britain for many years. Read this newsletter which describes the current situation and has advice for any one intending to attend an anti-fascist action.
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Suvivors Guide to Prison - 2015 edition
- 26/10/15
- Carl Catermole has published an updated edition of his excellent guide to surviving prison, with much information about your rights, the prison system and how it really works, and tips for survival. Visit Carl's web page www.prisonism.co.uk, or download it from here.
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Ryan Air Justice - comment on Court Fees
- 23/10/15
- On 13 April 2015 a new set of criminal court charges came into force. These were
slipped in using secondary legislation without debate or consultation, leading the law
Society to express its' outrage at 'back door' criminal court fees.
. If you plead guilty to a summary offence in the magistrates' the charge is £150 However if you plead not guilty but are then convicted the charge more than trebles to £520
. If you plead guilty to an either way offence in the magistrates the charge is £180 . However if you plead not guilty but are then convicted the charge increases more than fivefold to £1,000.
. In the Crown court, if you plead guilty you will be charged £900, while those convicted at a trial will have to pay £1,200.
There is no concept of ability to pay and the press has carried reports of destitute.... read full article -
83 Reasons to plead NOT guilty - October Newsletter
- 23/10/15
- In our latest newsletter we look back over the last 100 cases that we've supported, where people were charged and pleaded not guilty. An amazing 83% of these did NOT result in a guilty verdict: most were dropped before the trial or thrown out for lack of evidence. Also read how CPS are near to collapse, and £25K damages successfully claimed by two brothers wrongfully arrested and prosectued during the student protests of 2010. October Newsletter
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Hilliard brothers successfully sue the police
- 28/9/15
- Congratulations to Christopher and Andrew Hilliard who have just been successful in winning a case against the police who treated them brutally at the student demonstrations in 2010, and then charged them with violent disorder, after a copper fell off his horse. Read more about the case and their victory
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were you in parliament square on 4th may ?
- 10/8/15
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As part of occupy democracy, there was a peace gathering near the statue of Gandi.about 30 people had been sitting in a circle talking, with music. 3 people were sitting inside part of a tent. They were all arrested.
If you saw this gathering and the arrests, please could you get in touch with gbc on the hotline 07946541511 or gbclegal@riseup.net. thanks -
were you in parliament square on 20th december last year ?
- 8/8/15
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A man was arrested when he was trying to stop a woman from being hurt by the police. She has curly slightly greying hair and was climbing over a fence but being pushed back by the police. This happened at about 7pm.
If you are the woman in question, or saw the incedent, please could you get in touch with gbc on the hotline 07946541511 or gbclegal@riseup.net. thanks -
were you at the anti austerity march on june 20th, in London ?
- 8/8/15
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A woman was arrested at about 2.30 in exeter street, near the savoy hotel on the strand. She has m.s. and the way the police were treating her caused her to have a siezure and to be taken to hospital. At about the same time her partner, who was trying to help her, was also arrested.
If you saw either of these arrests please could you get in touch with gbc on the hotline 07946541511 or gbclegal@riseup.net. thanks
A woman was arrested at about 2.30 in exeter street, near the savoy hotel on the strand. She has m.s. and the way the police were treating her caused her to have a siezure and to be taken to hospital. At abo ut the same time her partner, who was trying to help her, was also arrested.
A woman was arrested at about 2.30 in exeter street, near the savoy hotel on the strand. She has m.s. and the way the police were treating her caused her to have a siezure and to be taken to hospital. At abo ut the same time her partner, who was trying to help her, was also arrested.
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were you at balls to the budget on 8th july ?
- 31/7/15
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Were you in parliament square on 8th july at the DPAC balls to the budget demonstration? Did you witness a woman being carried away by four coppers who then arrested her? She was wearing black clothes with a blue/grey jumper and has chustnut coloured hair cut in a bob. She was shouting out that the police were hurting her arm.
there is video of the arrest on u-tube - search for indefilms333 and look about 5mins38 into the film.
If you saw this arrest please could you get in touch with gbc on the hotline 07946541511 or gbclegal@riseup.net. thanks -
Legal Aid action
- 18/7/15
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Solicitors and barristers who take on legal aid work are currently taking action against the draconian cuts to the fees they earn for the work, already not enough to cover the actual work they do, and since july 1st cut by nearly another 10%.
As a result some defendants are finding they are not getting representation when they have to go to court. If this is affecting your own case, or you know any one who is not being represented, get in touch with LDMG, or phone the legal helpline 07946 541 511, to ask for guidance, help and support at court.
Watch our web site for updates. You may also find our self representation documents useful - about McKenzie friends and How to Defend Yourself in Court -
New Court Charges - Beware!!
- 18/7/15 From April 2015 new charges are being bought in for convictions in the magistrates and crown courts in England and Wales. Details are in our document and can be download from legislation.gov.uk/uksi/2015/796/schedule/made
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Westfield December 2014 - witnesse call out
- 23/6/15 Were you present on the evening of 10 December 2014 at Westfield shopping centre, West London, specifically at the southern terrace entrance?
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Cardiff two on bail - witnesse call out
- 26/5/15 The two people arrested in Cardiff on 4th May are now out on bail - on tag with bail conditions. If you witnessed the arrest, or know any one who did, please visit the web site
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Please support two comrades on remand
- 6/5/15 At a mayday action in Cardif on Monday 4th May two people were arested and charged and are being held on remand in Cardiff prison. Please support them by writing:
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Information at the Police Station - changes to PACE
- 22/2/15 There are changes to PACE (Police And Criminal Evidence Act 1984) CODE C that affect the information that must be given to you at the police station, if you are arrested. These come from an EU directive on the subject. In short you must now be given a written notice about your rights, reasons for the arrest and detention and, before any interview, disclosure about the alleged offence. Download our document for more detailed information. We should be asking for these documents, and making sure our solicitors do too if necessary.
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Police Bail
- 26/12/14 For years we have opposed the use and abuse of police bail, pointing out that it is used to try to intimidate people from taking part in protests. At any one time about 80,000 people are on police bail, sometimes for over a year. We have also explained why the conditions imposed by the police should be ignored (see: Should you ignore police bail conditions? ).
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New 'No Comment' defendant's guide to arrest
- 21/10/14 Our defendant's guide to arrest 'No Comment' is ready for download. It has been updated and reprinted as Edition 5.
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News letters
- 21/10/14 The latest news letter can be downloaded, read about Operation Hotgates, self representation, suing the cops and police bail. Last year's news letter has been put on the archives page
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Advice about McKenzie Friends
- 26/7/14 We have revised our advice leaflet about McKenzie Friends - people who can support you in court if you are representing yourself. You may download the new advice sheet.
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Please support a new Prisoner
- 25/7/14 Liam Harriman has just been sent to prison for 8 weeks (16 week sentence of which he'll probably serve 8). He was arrested at the G8 protest last summer in London. Please support him. You can write to him directly:
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How to Defend Yourself in Court - available on line
- 8/7/14 We have digitised Michael Randle's excelent how to guide, published in 1995. You can download it in pdf format This is the original 1995 text, but things have changed since then, so we are updating the book for the current situation. If you have any suggestions for this please email them to us.
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Sueing the cops after mass arrests at anti EDL demo September 2013
- 14/2/14 If you have been arrested and have been told 'no further action' is to be taken by the police, you could consider sueing for damages. Currently about 30 people are taking legal action to sue the cops over the arrests at the anti EDL demo on 7th September last year. They are mainly using one of the following two solicitors
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Witnesses needed: Were you at anti BNP demo in Parliament Square on June 1st 2013 ?
- 16/1/2014
- were you at the anti BNP demo on june 1st last year, in and around parliament square ? there was a kettle and many arrests. 5 people have been charged with breaking S.14 - the conditions imposed by the police to restrict the place and time of the demonstration. They are on trial in April 2014.
were you at the demonstration, were you caught up in the kettle, did you witness any arrests, did you see what was going on, the atmosphere, how the police were behaving ?
do you have any photos of footage of the events or the arrests ?
if you would be willing to be a witness or help with photos/footage, please get in touch with GBC:
Green and Black Cross GBClegal@riseup.net
the gbc legal hotline - 07946 541 511
please forward this email to others you think might be able to help
many thanksWere you arrested on 7 september 2013 at anti EDL demo in Whitechapel ?
- 12/1/2014
There will be a meeting on Wednesday 5th February 2014 for all people arrested at the anti EDL demonstration on Saturday 7th September 2013 in Whitechapel.
The meeting is for arrestees only. If you were arrested in June then you're also welcome to come along, the issues will be similar.
The purpose of the meeting is to discuss suing the police over the mass arrests, there will be someone from the solicitors Bhatt Murphy, who have a lot of experience of this kind of case.
The meeting will start at 7pm and be held at
Old Limehouse Town Hall
646 Commercial Road
London E14 7HA
Any questions about the meeting please contact LDMG on ldmg@riseup.netThis meeting is strictly for Defendants only.November 5th burning austerities/million mask march - appeal for Witnesses
- 2/12/2013
were you in parliament square on novembr 5th, did you see any arrests? In particular the two described below ?
about 7.45: a young white man was arrested around the time a tent was being brought into the square to be set up outside parliament itself (resulting in a scuffle with the police, and the man lying on the ground wrapped in the remnants of his tent) - the arrestee was not the tent owner, but did see what was happening with the tent.
the arrest took place at about 7.45. As he was unwell an ambulance was called which arrived, the staff looked after him in the back of a police vehicle.
The man has been charged and has a trial coming up in the new year. we are urgently seeking witnesses or material that will help in his defense.
about 9.30: Later in Parliament Square around 9:30pm another arrest - Arrestee was dressed all in black with a balaclava.
were you at the demonstration ? - did you witness any arrests ? do you have any footage, photos or notes from the event? do you know any one who might have witnessed arrests or have footage.
if you can help, please get in touch with
gbc - GBClegal@riseup.net
ldmg - ldmg@riseup.net
or gbc legal hotline - 07946 541 511
please spread the word, put on your web site/f.b page/tweet .....
thanksJune 1st Anti BNP appeal for Witnesses
- 13/11/2013
several people were arrested at the anti bnp demonstration opposite parliament on june 1st this year.
5 people have been charged and have trials coming up next year. we are urgently seeking witnesses or material that will help in their defense.
were you at the demonstration ? - did you witness any arrests ? do you have any footage, photos or notes from the event? do you know any one who might have witnessed arrests or have footage.
if you can help, please get in touch with
gbc - gbc legal@riseup.net
ldmg - ldmg@riseup.net
or gbc legal hotline - 07946 541 511
please spread the word, put on your web site/f.b page/tweet .....
thanksAnarchist Bookfair 2013
- 16/10/2013
We have a stall at the 2013 Anarchist Bookfair.
We'll be hosting a meeting "Mass Arrest: the cops' new tactics - how do we respond?": Recently we have a seen a spate of mass arrests at demonstrations all for alleged breach of section 12 & 14 (the cops power to impose conditions on marches and assemblies).At the anti-EDL demo last month 300 people were arrested and are now on police bail. This poses important questions for how we as a movement respond to this new draconian tactic.Come and discuss this question with a panel from LDMG, GBC and a lawyer
View information about the mass arrest tactic and it's use of sections 12 and 14, and information about police bail & the new version of 'No Comment'Important update about bail for all arrested at StopEDL protest, 7th sept. London
- 9/10/2013
The cops are planning to rebail you to January. For those bailed in the police station this will be done by letter. However if you were released on street bail you will be asked to return to a police station in October so the cops can take your fingerprints and phtographs and then be rebailed to January. If you are not sure which type of bail you are on contact us or your lawyer ASAP. GBC/LDMG did not realise until recently that there was anyone on street bail (it turns out there was 45) and the law on street bail is different from bail given at the police station. The key difference is that failure to surrender to street bail is not a criminal offence but you can be arrested and brought to the police station and the situation then would be the same legally as if you had been taken to the police station after your original arrest.
Frankly we think this is taking the piss. It's bad enough that the police take personal information from peaceful protestors after arresting them on the flimsiest of pretexts but to tell people to waste their time and money to travel to the cop shop for the privilege is outrageous. Legally we think this should be challenged as it reverses the whole burden of proof in the criminal justice system- the police are supposed to catch people who've committed crimes not catch people and then find crimes to fit them up with. If you are arrested for failure to return to street bail let us know as we can help with transport home.
Download a short guide to bail covering these differences and the email from the OIC setting out the police plan. Do Contact us if you want to talk about the potential consequences of this. We will have someone at Freedom Bookshop (84b Whitechapel High St E1 7QX) Fridays and Saturdays 12-6 if you want to talk in person.LDMG press statement Outrage at arrests of Legal Observers
- 8/9/13
- Five independent Legal Observers were arrested at the UAF and UEE organised demonstration against the EDL in Tower Hamlets on Saturday 7th September 2013. The five were part of a team of 14 Legal Observers organised jointly by the Legal Defence and Monitoring Group (LDMG) and The Haldane Society of Socialist Lawyers.
The arrests occurred when about 150 demonstrators who had been kettled in Mansell Street and were entirely peaceful were arrested one by one for alleged breaches of Section 12 of the Public Order Act 1986. The five Legal Observers were contained in the kettle and remained to the end to ensure that the protesters were aware of their legal rights on arrest. The coordinators of the Legal Observers were shocked to witness their colleagues’ arrest.
Independent Legal Observers are a familiar sight on demonstrations and protests. The Legal Observers were clearly identified by bright orange tabards with the title “Legal Observer” writ large across their backs. The role of independent Legal Observers is to monitor police behaviour and to distribute “bust cards” which contain information about protesters' rights on arrest and details of solicitors they can contact if arrested.
Tony Martin, one of the coordinators of the Legal Observing team said:
“The arrest of five Legal Observers is outrageous. Although we have had individual Legal Observers arrested before, this is a very rare occurrence. What is different on this occasion is that the decision was taken at a very senior level of the Metropolitan Police. This is a clear attempt to interfere with freedom of assembly guaranteed by Article 11 of the ECHR and will send shock waves amongst supporters of freedom and justice.”
Stephen Knight, from the Haldane Society of Socialist Lawyers, said:
“Legal observers work independently of the demonstrations they monitor and are there solely to inform people of their legal rights and to monitor the way in which assemblies are policed. Legal observers are not part of the demonstration and we condemn attempts to criminalise them. Their presence and use at protests has become the norm and the police are fully aware of the role they play.”
The arrested Legal Observers have been released on police bail and are consulting solicitors about their next steps.
Ends.
Notes for editors:
- Unite Against Fascism (UAF) and United East End (UEE) organised the demonstration to stop the racist English Defence League (EDL) entering Tower Hamlets. See uaf.org.uk
- The Legal Defence and Monitoring Group (LDMG) are Volunteers for the Defence of Civil Protest and the Right of Assembly. LDMG regularly organises Legal Observers at demonstrations. See ldmg.org.uk
- The Haldane Society of Socialist Lawyers organises socialist lawyers, students and those with an interest in legal issues. It also regularly organises Legal Observers at demonstrations. See www.haldane.org
- Section 12 of the Public Order Act 1986 allows the senior police
officer to impose conditions on a public procession if he or she
reasonably believes that it may result in serious public disorder,
serious damage to property or serious disruption to the life of the
community, or the purpose of the persons organising it is the
intimidation of others with a view to compelling them not to do an act
they have a right to do, or to do an act they have a right not to do.
A person who takes part in a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control. - Article 11 of the European Convention on Human Rights provides:
- Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
- No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
BRISTOL DEFENDANT SOLIDARITY
Were you arrested at or after the recent unrest in Stokes Croft? Do you think the police might be looking for you ? Do you have friends in trouble? Or fear they may be ?
Bristol Arrestee Support is a group of local people committed to offering support & help to anyone arrested or facing charges.
bristolarresteesupport@riseup.net
Tel: 07746741104
Bust Cards
24 March 2011Before you go on an action download a bust card here and bring it with you.
Legal Observers from LDMG and the Green and Black Cross wear orange bibs, our role is to monitor police misbehaviour.
Legal Observers are totally independent from the police and march organisers. They will be there solely in support of those attending demonstrations.
Please copy and distribute the attached bust card in:IHRC Policing, Protest and Conflict
10 Feb 2010Islamic Human Rights Commission report on the policing of the London Gaza demonstrations
NO COMMENT
22 Jun 2004Getting arrested is no joke. It's a serious business.
All convictions add up: eg. if you're done three times for shoplifting, you stand a good chance of getting sent down.
If there's a chance of you getting nicked, get your act together: know what to do in case you're arrested.
Unless you enjoy cells, courtrooms, prisons, you owe it to yourself to wise up.
No Comment, the Defendant's Guide to Arrest is available on this website.
It has been updated and reprinted by members of the Anarchist Black Cross (ABC) in conjunction with the Legal Defence & Monitoring Group (LDMG).
No Comment is an invaluable guide for anyone at risk of arrest.
If you cannot download a copy then send a self-addressed envelope with a 2nd class stamp to No Comment, C/o BM Automatic, London WC1N 3XX
The role and purpose of the Legal Defence and Monitoring Group (LDMG) is to provide legal observers to demonstrations and actions, to support protestors who are arrested and, when charged, throughout the criminal court prosecution....
read more...
This is happening no doubt to deter people from taking their rights to plead 'not guilty' and have a trial, and to challenge decisions by asking for an appeal.
These charges only have to be paid after you are convicted or plead guilty.
We must not let that happen. Groups need to be aware of the extra costs in being arrested, and start to build defendants campaigns to raise the necessary funds.
It is alleged a group of demonstrators pushed their way into the shopping centre through the Atrium doors on the southern terrace and passed security and gained entry into the centre. Did you see a young male with a vendetta mask and holding a stick being brought down to the floor by security staff inside the Westfield centre near the entrance doors?
We would also like to hear from those who observed the protest or photographers who were also on site. Please email gbclegal@riseup.net urgently.
https://bristolabc.wordpress.com/2015/05/20/witness-callout-cardiff-mayday-protest/
Peter Simpson A6060CF, HMP Cardiff, Knox Rd., CF2 OUG
Joshua Howe - please put his name on the envelope inside another envelope addressed to London ABC, c/- Freedom Bookshop, 84b Whitechapel High St., London, E1 7QX
In 2011 the Supreme Court ruled that there was no power for the police to grant bail, meaning that they would have to charge or release any arrested, a decision we welcomed. The Labour Party joined with the Tories and Lib Dems to introduce emergency legislation to give the police powers to grant bail, with no restrictions.
Research from the Guardian, to which LDMG contributed, shows that 85% of protesters arrested and put on police bail are never charged. A common condition is that the person must not attend further protests.
There are some signs that the use and abuse of police bail may be curtailed. The Home Secretary, Theresa May, announced in October 2014 a Home Office consultation on bringing in a time limit. This month she proposed that it be limited to 28 days but that there would be a procedure for extending police bail beyond this time limit. The mechanism for this is the subject of a dispute between the Tories and the Lib Dems. It is clear that the cops have fought hard to prevent any meaningful restrictions.
Our view is clear: the police should either charge people or release them without charge. The use of police bail does not assist any investigation by the cops as they can re-arrest people at any time. All it does is try to impose conditions on people to limit their freedom.
This little booklet is essential reading for anyone at risk of arrest, which means anyone involved in protests.
Printed copies may be obtained from Freedom and Houseman's bookshops in London or by sending a self addressed envelope with a 2nd class stamp on it to No Comment c/o BM Haven, London WC1N 3XX. Groups wanting bulk copies should email us.
Please spread the word.Liam Harriman (A0131DG)
HMP Pentonville
Caledonian Rd
London N7 8TT
You can also use the web site emailaprisoner.com to write via the internet, messages get printed out and given to prisoners the next day
We also need your help in finding all the typographical errors in our pdf - if you find any please email them to us.
watch this space for updates to the document....
Mike Oswald, Bhatt Murphy (m.oswald@bhattmurphy.co.uk) 020 7729 1115
Cormac McDonaugh, Hodge Jones & Allan (cmcdonough@hja.net) 0800 437 0080
at the meeting last week with Mike Oswald, he suggested there is a good chance arrestees could win between £3,500 and £5,000 in damages. View notes from the meeting.
If you would like to discuss the issues then please get in touch with Mike or Cormac, or your own solicitor. All of the solicitors involved in the action will be liaising with each other.
Some people will be able to get legal aid to cover the cost of the legal action, but those people not eligable will also be able to take action, see the notes from the meeting for more details.
There are three basic grounds for sueing, action must be taken within time limits, which start with the day of arrest. The only very urgent one is if you have grounds for complaint about treatment that was clearly breaching equality issues - this must be done within 6 months of the demo. Next is action under the human rights act, which must be taken within 12 months. Other grounds for complaint, such as unlawful arrest or imprisonment, has 3 years or more.
Do get in touch with a solicitor and have a chat, if you would like to explore the issues, or if you would like to join in the action.
Of course LDMG and GBC are here to support you, as ever, and answer questions you may have. Legal line is 07946 541 511, email address is gbclegal@riseup.net