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 Being arrested? Know your rights

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Cheveyo
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PostSubject: Being arrested? Know your rights   Mon Sep 22, 2008 4:11 am

EDIT: This post was deleted twice, along with other things in this thread -- I'm putting it back up again... weird..

Although current law completely fails to uphold justice, a revolutionary must know his or her rights in order to raise the possibilities of staying free from physical jail. The below may seem long, but is a very easy read on what to expect and what to do when or if any of you get arrested. The video explains things such as searches, being pulled over, etc. KNOW YOUR RIGHTS.





Q: What happens when I get arrested?

When you are arrested, you will usually be handcuffed, put in a van and taken to a police station. You will be asked your name, address and date of birth. You should be told the reason for your arrest - remember what is said, it may be useful later. Your personal belongings will be taken from you. These are listed on the custody record and usually you will be asked to sign to say that the list is correct. You do not have to sign, but if you do you should sign immediately below the last line, so that the cops can’t add something incriminating to the list. You should also refuse to sign for something which isn’t yours, or which could be incriminating. You will also be asked if you want a copy of PACE (the Police and Criminal Evidence Act codes of practice) and to sign to say you have refused. We suggest you take a copy - its the only thing you’ll get to read and you might as well learn the rules the cops are supposed to follow. Your fingerprints, photo and saliva swab will be taken, then you will be placed in a cell until the police are ready to deal with you. DO NOT PANIC!




Q. What if I am under 18?

There has to be an ‘appropriate adult’ present for the interview. The cops will always want this to be your mom or dad, but you might want to give the name of an older brother or sister or other relative or adult friend (though the cops may not accept a friend). If you don’t have anyone, they will get a social worker -- this might cause you more problems afterwards.




Q: When can I contact a lawyer?

You should be able to ring a lawyer as soon as you’re arrested, once at the police station it is one of the first things you should do, for two reasons:

1. To have someone know where you are.
2. To show the cops you are not going to be a soft target - they may back off a bit.

It is advisable to avoid using the duty lawyer as they may be crap or hand in glove with the cops. It’s worth finding the number of a good lawyer in your area and memorizing it. The police are wary of decent lawyers. Any good lawyer will provide free advice at the police station. Also, avoid telling your lawyer much about what happened. This can be sorted out later. For the time being, tell them you are refusing to speak. Your lawyer can come into the police station while the police interview you: you should refuse to be inter-viewed unless your lawyer is present.




Q: What is an interview?

An interview is the police questioning you about the offenses they want to charge you with. The interview will take place in an interview room in the police station and should be taped. AN INTERVIEW IS ONLY OF BENEFIT TO THE POLICE. Remember they want to prosecute you for whatever charge they can stick on you. AN INTERVIEW IS A NO WIN SITUATION. For your benefit, the only thing to be said in an interview is “NO COMMENT”. REMEMBER: They can’t legally force you to speak. Beware of attempts to interview you in the cop van or cell etc. as all interviews are nowadays recorded. The cops may try to pretend you confessed before the taped interview. Again say “NO COMMENT”.




Q: Why do the police want me to answer questions?

If the police think they have enough evidence against you they will not need to interview you. For example, in most public order arrests they rely on witness statements from 1 or 2 cops or bystanders, you won’t even be interviewed. Also if they have arrested you and other people, they will try to get you to implicate the others. The police want to convict as many people as possible because:

1. It makes it look like they’re doing a good job at solving crime.The clear-up rate is very important to the cops; they have to be seen to be doing their job. The more crimes they get convictions for, the better it looks for them.
2. Police officers want promotion, to climb up the ladder of hierarchy. Pigs get promotion through the number of crimes they ‘solve’. No copper wants to be a shit-cleaner all their life.

A ‘solved crime’ is a conviction against somebody. You only have to look at such cases as the Birmingham 6 to understand how far the Police will go to get a conviction. Fitting people up to boost the ‘clear-up rate’, and at the same time removing people cops don’t like, is wide spread in all Police forces.




Q: So if the police want to interview me, it shows I could be in a good position?

Yes -- they may not have enough evidence, and hope you’ll implicate yourself or other people.




Q: And the way to stay in that position is to refuse to be drawn into a conversation and answer “NO COMMENT” to any questions?

Exactly.




Q: But what if the evidence looks like they have got something on me? Wouldn’t it be best to explain away the circumstances I was arrested in, so they’ll let me go?

The only evidence that matters is the evidence presented in court to the Magistrate or jury. The only place to explain everything is in court; if they’ve decided to keep you in, no amount of explaining will get you out. If the police have enough evidence, anything you say can only add to this evidence against you. When the cops interview someone, they do all they can to confuse and intimidate you. The questions may not be related to the crime. Their aim is to soften you up, get you chatting. Don’t answer a few small talk ques-
tions and then clam up when they ask you a question about the crime. It looks worse in court. To prosecute you, the police must present their evidence to the Crown Prosecution Service. A copy of the evidence is sent to your lawyer. The evidence usually rests on very small points: this is why it’s important not to give anything away in custody. They may say your refusal to speak will be used against you in court, but the best place to work out what you want to say is later with your lawyer. It they don’t have enough evidence
the case will be thrown out or never even get to court. This is why they want you to speak. They need all the evidence they can get. One word could cause you a lot of trouble.




Q: So I’ve got to keep my mouth shut. What tricks can I expect the police to pull in order to make me talk?

The police try to get people to talk in many devious ways. The following shows some pretty common examples, but remember they may try some other line on you. These are the things that often catch people out. DON’T GET TRICKED.




1. “Come on now, we know it’s you, your mate’s in the next cell and he’s told us the whole story.”

If they’ve got the story, why do they need your confession? Playing co-accused off against each other is a common trick, as you’ve no way of checking what other people are saying. If you are up to something dodgy with other people, work out a story and stick to it. Don’t believe it if they say your co-accused has confessed.



2. “We know it’s not you, but we know you know who’s done it. Come on Jane, don’t be silly, tell us who did it”

The cops will use your first name to try and seem as though they’re your friends. If you are young they will act in a fatherly/motherly way, etc.



3. “As soon as we find out what happened you can go”
Fat chance!



4. “Look you little bastard, don’t fuck us about. We’ve dealt with some characters; a little runt like you is nothing to us. We know you did it you little shit and you’re going to tell us.”

They’re trying to get at you.



5. “What’s a nice kid like you doing messed up in a thing like this?”

They’re still trying to get at you.



6. “We’ll keep you in ‘til you tell us”

They have to put you before the magistrate or release you within 36 hours (or 7 days if arrested under the Terrorism Act). Only a magistrate can order you to be held without charge for any longer.




7. “There is no right to silence anymore. If you don’t answer questions the judge will know you’re guilty.”

Refusing to speak cannot be used to convict you by itself. If they had enough evidence they wouldn’t be interviewing you.



8. “You’ll be charged with something far more serious if you don’t start answering our questions, sonny. You’re for the high jump. You’re not going to see the light of day for a long time. Start answering our questions ‘cos we’re getting sick of you.”

Mental intimidation. They’re unlikely to charge you with a serious charge that won’t stick in court. Don’t panic.



9. “You’ve been nicked under the Terrorism Act, so you’ve got no rights.”

More mental intimidation and all the more reason to say “NO COMMENT”.



10. “My niece is a bit of a rebel.”

Yeah right.



11. “If someone’s granny gets mugged tonight it’ll be your fault. Stop wasting our time by not talking.”

They’re trying to make you feel guilty. Don’t fall for it, you didn’t ask to be arrested.



12. Mr Nice: “Hiya, what’s it all about then? Sergeant Smith says you’re in a bit of trouble. He’s a bit wound up with you. You tell me what happened and Smith won’t bother you. He’s not the best of our officers, he loses his temper every now and again. So what happened?”

Mr Nice is as devious as Mr Nasty is. He or she will offer you a cuppa, cigarettes, a blanket. It’s the softly-softly approach. It’s bullshit. “NO COMMENT”.



13. ‘We’ve been here for half an hour now and you’ve not said a fucking word.... Look you little cunt some of the CID boys will be down in a minute. They’ll have you talking in no time. Talk now or I’ll bring them down.”

Keep at it, they’re getting desperate. They’re about to give up. You’ve a lot to lose by speaking.



14. “Your girlfriend’s outside. Do you want us to arrest her? We’ll soon have her gear off for a strip search. I bet she’ll tell us. You’re making all this happen by being such a prick. Now talk.”

They pick on your weak spots, family, friends, etc. Cops do sometimes victimise prisoners’ families, but mostly they are bluffing.



15. “You’re a fuckin’ loony, you! Who’d want you for a mother, you daft bitch? Start talking or your kids are going into care.”

Give your lawyer details of a friend or relative who can look after your kids. The cops don’t have the power to take them into care.



16. “Look, we’ve tried to contact your lawyer, but we can’t get hold of them. It’s going to drag on for ages this way. Why don’t we get this over with so you can go home.”

Never accept an interview without your lawyer present, a bit more time now may save years later! Don’t make a statement even if your lawyer advises you to -- a good one won’t.



17. “You’re obviously no dummy. I’ll tell you what we’ll do a deal. You admit to one of the charges, and we’ll drop the other two. We’ll recommend to the judge that you get a non-custodial sentence, because you’ve co-operated. How does that sound?”

They’re trying to get you to do a deal. There are no deals to be made with the police. Much as they’d like to, the police don’t control the sentence you get.



18. “We’ve been round to the address you gave us and the people there say they don’t know you. We’ve checked on the Benefits Agency computer and there’s no sign of you. Now come on, tell us who you are. Tell us who you are or you’ve had it.”

If you’re planning to give an address make sure everyone there knows the name you are using and that they are reliable. The cops usually check that you live somewhere by going round.



19. “Wasting police time is a serious offence.”

You can’t be charged for wasting police time for not answering questions. The cops may rough you up, or use violence to get a confession (true or false) out of you. There are many examples of people being fitted up and physically assaulted until they admitted to things they hadn’t done. It’s your decision to speak rather than face serious injury. Just remember, what you say could get you and others sent down for a very long time. However, don’t rely on retracting a confession in court - it’s hard to back down once you’ve said something.




In the police station the cops rely on peoples’ naivety. If you are aware of the tricks they play, the chances are they’ll give up on you. In these examples we have tried to show how they’ll needle you to into speaking. That’s why you have to know what to do when you’re arrested. The hassle in the cop shop can be bad, but if you are on the ball, you can get off. You have to be prepared.

THIS IS HOW YOU WILL GET OFF.

REMEMBER : An interview is a no win situation. You are not obliged to speak. If the police want to interview you, it shows you’re in a good position… And the only way to stay in that position is to refuse to be drawn into any conversation and answer “NO COMMENT” to any questions.




Q: What can I do if one of my friends or family has been arrested?

If someone you know is arrested, there's a lot you can do to help him or her from outside.

1. If you know what name they are using ring the police station (however if you're not sure don't give their real name away). Ask whether they are being held there and on what charges. However remember that the cops may not tell you the truth.

2. Remove anything from the arrested person’s house that the police may find interesting: letters, address books, false ID etc. in case the police raid the place.

3. Take food, cigarettes etc. into the police station for your arrested friend. But don’t go in to enquire at the police station to ask about a prisoner if you run the risk of arrest yourself. You’ll only get arrested. DON’T GO ALONE. The police have been known to lay off a prisoner if they have visible support from outside. It’s solidarity that keeps prisoners in good spirits.




Here is a simple, educational video (not relating to the above) about when you are in contact with the law. This covers searches, being pulled over, etc.


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PostSubject: Re: Being arrested? Know your rights   Mon Sep 22, 2008 7:23 pm

Congradulations on an excellent FAQ comrade ! Very Happy

The heat dragons den can throw people all too often - when the den is exposed as a meer pig sty it looses its psychological
grip. Remember if you are arrested that these enemies of liberty are lower than dogs and that one day their actions will be despised by civilized people.

Carry yourself with dignity and remember that you are an Anarchist !

Viva La Revolución !
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PostSubject: Re: Being arrested? Know your rights   Mon Sep 22, 2008 7:58 pm

Inkus2000 wrote:
Congradulations on an excellent FAQ comrade ! Very Happy

The heat dragons den can throw people all too often - when the den is exposed as a meer pig sty it looses its psychological
grip. Remember if you are arrested that these enemies of liberty are lower than dogs and that one day their actions will be despised by civilized people.

Carry yourself with dignity and remember that you are an Anarchist !

Viva La Revolución !

Thank you, and that is very true.. Being an anarchist doesn't mean you don't have any power, it means all of us have all the equal power in the world. We are strong.

VivA.

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