WHY WE OPPOSE THE PSNI

Anybody willing to open their eyes will recognise that working class communities in the north including those with long histories and legacies of resistance to British / loyalist repression are being reduced to a shadow of their former selves by criminal and anti-social elements.

Random assaults, drug epidemics and anti-social crimes such as creeper burglaries and death driving have made once proud communities a place of real fear for many (including republicans) who grew up in streets once bound together by strong ties of solidarity and neighbourly responsibility.
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Know Your Rights

SECTION 44 - TERRORISM ACT 2000 (Six Counties Only) – WHAT IS IT ABOUT?

SECTION 30 Offences Against the State Act 1939 (Twenty Six Counties)

Section 44 of the Terrorism Act 2000 allows the police to stop and search anyone in a specific area.

Before Section 44, the police could only stop and search individuals if they had 'reasonable grounds' and certain criteria were met. That is no longer necessary, and we have seen Section 44 powers used against anti-war, anti-weapons and anti-capitalist protestors.

The power to stop and search under anti-terrorism powers should only be used when there is evidence of a specific terrorist threat. It should not be simply an addition to the day to day powers of officers policing protests.

YOUR RIGHTS UNDER SECTION 44:

  • The police can only give you a pat down, remove outer clothes (eg jacket, hat), search your bags and have you empty your pockets
  • You do not have to give your name and address
  • You do not have to explain why you are there
  • You are not allowed to flee the search, but you are not required to be actively compliant. You are allowed to 'go limp' as passive resistance during the search if you wish not to comply
  • There is no permission to collect DNA data during the search
  • You do not have to comply with any attempt to photograph or record you
  • Women cannot be touched by male police during these searches
  • Make notes about the officers searching you - name, number and police force
  • Note the time and the events preceding the search
  • Note the specific wording used by the police to explain their authority to search you
  • Ask the police for the reason that they are searching you. Specifically, are they searching for terrorists or are they simply trying to deter, delay or inconvenience you?

** IMPORTANT - Afterwards:

  • Hold on to the Search Record or any other documentation the police give you (or note if you don't receive one)
  • Make brief notes about the search while you still remember all the details
  • Do not write anything down on the day that you don't want disclosed to the police. Police may search you again and be able to read anything that you have written down
  • Please complete and submit Liberty's search monitoring form
  • Consider making a complaint to the Independent Police Complaints Commission
  • Write to Lord Carlile, the independent monitor of the implementation of anti-terrorism legislation (Lord Carlile of Berriew QC, The House of Lords London SW1A 0AA)
  • Consider pressing charges if the officers used unnecessary force during the search


CONTACT A SOLICITOR AND HAVE THE EVENT LOGGED
WE WOULD ALSO ENCOURAGE ALL PERSONS AND GROUPS TO REPORT INCIDENTS TO THE FOLLOWING ORGANISATIONS :

Committee on the Administration of Justice (C.A.J.)
45/47 Donegall Street
Belfast BT1 2BR
Northern Ireland

Tel: +44-(0)28-90961122
Fax: +44-(0)28-90246706

e-mail: info@caj.org.uk

The Northern Ireland Human Rights Commission
Temple Court
39 North St, Belfast, BT1 1NA
028 90243987

OFFENCES AGAINST THE STATE ACT 1939 (SECTION 30):

Arrest and detention of suspected persons – Legal Text.

Section 30.—

(1) A member of the Gárda Síochána (if he is not in uniform on production of 'his identification card if demanded) may without warrant stop, search, interrogate, and arrest any person, or do any one or more of those things in respect of any person, whom he suspects of having committed or being about to commit or being or having been concerned in the commission of an offence under any section or sub-section of this Act or an offence which is for the time being a scheduled offence for the purposes of Part V of this Act or whom he suspects of carrying a document relating to the commission or intended commission of any such offence as aforesaid or whom he suspects of being in possession of information relating to the commission or intended commission of any such offence as aforesaid.

(2) Any member of the Gárda Síochána (if he is not in uniform on production of his identification card if demanded) may, for the purpose of the exercise of any of the powers conferred by the next preceding sub-section of this section, stop and search (if necessary by force) any vehicle or any ship, boat, or other vessel which he suspects to contain a person whom he is empowered by the said sub-section to arrest without warrant.

(3) Whenever a person is arrested under this section, he may be removed to and detained in custody in a Gárda Síochána station, a prison, or some other convenient place for a period of twenty-four hours from the time of his arrest and may, if an officer of the Gárda Síochána not below the rank of Chief Superintendent so directs, be so detained for a further period of twenty-four hours.

(4) A person detained under the next preceding sub-section of this section may, at any time during such detention, be charged before the District Court or a Special Criminal Court with an offence or be released by direction of an officer of the Gárda Síochána, and shall, if not so charged or released, be released at the expiration of the detention authorised by the said sub-section.

(5) A member of the Gárda Síochána may do all or any of the following things in respect of a person detained under this section, that is to say:— ( a ) demand of such person his name and address; ( b ) search such person or cause him to be searched; ( c ) photograph such person or cause him to be photographed; ( d ) take, or cause to be taken, the fingerprints of such person.

(6) Every person who shall obstruct or impede the exercise in respect of him by a member of the Gárda Síochána of any of the powers conferred by the next preceding sub-section of this section or shall fail or refuse to give his name and address or shall give, in response to any such demand, a name or an address which is false or misleading shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.

Key Information- Your Rights:


An arrest is the apprehending or restraining of a person to bring that person to a District Court within a reasonable time.

You cannot be arrested for the purpose of gathering evidence or 'helping the Gardai with their enquiries'.

You must be told why you are being arrested, for example, because you are suspected of having stolen goods.

However, if you are arrested under Section 30 of the Offences Against the State Act 1939, you do not have to be told exactly why you are being arrested, you need only be told that you are being arrested under that section.

If you go voluntarily to a Garda station to assist the Gardai with their enquiries and are subjected to questioning or interrogation, you must be told and it must be clear to you that you are free to leave the station at any time unless you are arrested.

Often an arrest is on foot of a warrant. However, a warrant is not always necessary.

Rules

Arrest without a warrant


You may be arrested without a warrant when a Garda, with reasonable cause, suspects that an arrestable offence has been committed and that you are guilty of the offence. An 'arrestable offence' is an offence for which the penalty, for a person who has no previous convictions, can be 5 years imprisonment or more. Specific laws give the Gardaí specific powers of arrest as well. For example, a Garda can arrest you under the Road Traffic Acts without a warrant if he/she suspects that you are committing an offence in relation to drinking and driving.

Entry and search of a premises to carry out an arrest.


If a Garda has obtained a warrant to arrest you, he or she may enter and search any premises where he or she suspects you to be. He or she must identify himself or herself, demand entry and state why he or she is there. If the Garda is refused entry, he or she may break open outer and inner doors to get in.

When a Garda does not have an arrest warrant, he or she may enter and search any premises where he or she, with reasonable cause, suspects you to be. However, if the premises is a dwelling and he or she does not have the permission of the person who lives in the dwelling, the Garda cannot enter unless :

  • • You live at the dwelling
  • • The Garda has seen you inside or entering the dwelling or
  • • The Garda, with reasonable cause, suspects that before he or she can get an arrest warrant, you will either abscond or you will obstruct the course of justice or
  • • He or she, with reasonable cause, suspects that before he or she can get an arrest warrant, you will commit an offence

Manner of Arrest

Force can only be used to make an arrest if it is absolutely necessary.

When a Garda arrests you, he or she will actually touch your body or otherwise restrain your liberty. If you are arrested on a criminal charge, you must be informed at the time you are arrested of the charge unless this is very clear (for example, if you are arrested while committing an offence).

After you have been charged, the Garda must caution you with the following words: "You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."

When you are brought to the Garda station, details of the offence must be set out in a 'charge sheet'. A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make.


Search of the Arrested Person A Garda may search you after your arrest and take • articles that he or she believes to be connected with, or evidence relating to, the offence charged or • articles that he or she believes to be connected with, or evidence relating to, some other offence or • articles that you might use to injure another person or property or to escape

Procedure after Arrest Once you are charged and cautioned, you must be • released on bail by the member in charge of the station (a form of bail known as station bail) • transferred from the Garda Station to the District Court as soon as reasonably possible. If you are arrested after 5 p.m. you may be brought to the District Court as early as possible before noon the following day. At the District Court, you may be released on bail or remanded in custody by the judge.


Only in certain specific circumstances may you be detained in a Garda Station for a length of time before being brought to court. Under the Criminal Justice Act 1984, you may be detained in a Garda Station for up to 12 hours. The offence of which you are suspected must be one that may be punished by imprisonment for at least 5 years. The 12 hour period runs from the time of your arrest but you may agree to a rest period between 12 midnight and 8 am and this will not be included in the 12 hours.

In general, if you are arrested you do not have to say anything. However, if you are detained under the Criminal Justice Act 1984 you must tell the Gardai your name and address. The Gardai have no general power to take fingerprints or make forensic tests. They may do these things if you consent or if they have specific power under specific laws, for example, under the Offences Against the State Act or the Criminal Law (Jurisdiction) Act of 1976. Under Section 30 of the Offences Against the State Act you may be detained for up to 48 hours before being brought to Court.

If you are detained you must be informed of your right to consult a solicitor.


Immunity from Arrest

• Ambassadors and their suites and other diplomatic agents who represent foreign governments while living in this country cannot be arrested.
• Members of each House of the Oireachtas cannot be arrested while going to, returning from and within the confines of either House of the Oireachtas, except in the case of treason, felony or breach of peace.

ALWAY CONTACT YOUR SOLICITOR

Log all stops, searches, threats or other harassment. Additionally, notify human rights groups and agencies such as the;

Irish Human Rights Commission (IHRC)
Postal Address
Fourth Floor,
Jervis House,
Jervis Street,
Dublin 1

Telephone + 353 (0)1 858 9601
Fax + 353 (0)1 858 9609

Email info@ihrc.ie
Website www.ihrc.ie