LIAM LYNCH/ARMAGH MARTYRS AND THE VOLUNTEER EDDIE DYNES

REPUBLICAN SINN FEIN

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KNOW YOUR RIGHTS - PART I

This article is reproduced here with the permission of SAOIRSE – Irish Freedom – The Voice of the Republican Movement.

In Part I, we will deal with the very basics of what to do if you are approached / arrested by the police under the Public Order Acts / Order. And the most basic of rules is to keep your mouth shut until you have consulted with your solicitor.

IN THE 26 COUNTIES

This is general information in relation to the Criminal Justice / Public Order Act and related Acts, i.e. Drug Trafficking Acts.

If you are stopped in the street / home / work etc. give the gardaí your name and address but: Always ask the gardaí why you are being stopped. If a garda is not exercising any lawful power to stop you, you are free to move on.

You are entitled to ask his / her name, number and the location of his / her station. If the garda is in plain clothes, ask to see his / her ID Card. They have to carry ID but you do not. Remember as a citizen it is not compulsory to carry / produce ID. Neither do you have to give your place of work, parents / spouse’s place of residence if different to yours, any information on family or friends etc. You are not obliged to give you date of birth.

Do not voluntarily accompany the gardaí to a station – it is advisable not to do so. However if you decide to, remember anything you say can, and will, be used against you (the most innocuous comment can be twisted) – but you are free to leave the station at any time. You should immediately seek legal advice after leaving the station.

If you are in transit tell them where you are coming from and where you are going – you are not obliged to be specific. For example say I am coming from the city centre and going to Rathmines (this comes under accounting for your movements).

If you are arrested the garda will tell you why he / she is arresting you. You do not have to accompany the garda to a police station but they must tell you why they are arresting you and under what section, (unless the circumstances of your arrest are obvious).

If you are arrested (and you do not have to have committed an offence to be arrested. You can be arrested if a garda suspects you have committed an offence).

You are entitled to contact a friend or relative and tell them what Garda Station you are being taken to.

You are entitled to contact a solicitor of your choice – in private. You should never answer any questions until you have seen your solicitor. You are not entitled to have your solicitor sit in on the interview (if you are under 16 you are entitled to have an adult with you). You can inform the gardaí that you are reserving your right to remain silent until you see your solicitor. Exception to this is The Offences Against the State Act when you are advised to deny membership of an illegal organisation if asked, but you can also reserve your right to silence until you seek the advice of your solicitor.

You are entitled to see a Doctor of your choice.

Don’t be intimidated by their aggressive or coercive manner. Remember they are trained in interrogation techniques. Stay calm and demand your rights. If you have any complaints bring them to the attention of your solicitor.

In general you can only be questioned in relation to the offence for which you have being arrested – but they are exceptions, for example if you give any information related to another offence – the police cannot bring it up however.

Do not give your consent to being fingerprinted, photographed, boby searched or having swabs taken. Do not sign anything. Your fingerprints and photograph may be taken whether you agree or not, but don’t sign for them.

You can be arrested for the purpose of being charged or arrested and detained for questioning. Either way you must be told why and under what section.

If you are arrested so that you can be charged with a crime you must be told what crime you are being charged with. After you have being charged you must be cautioned. The garda must say to you " 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".

Arrest and detention for questioning will be dealt in detail next month.

While the gardaí have no general powers to arrest you for questioning or to gather evidence, certain statutes have created power under which you can be arrested and then detained.

KNOW YOUR RIGHTS PART II

This article is reproduced here with the permission of SAOIRSE – Irish Freedom – The Voice of the Republican Movement.

IN THE SIX OCCUPIED COUNTIES

The procedure is the same with very few exceptions – one is a solicitor can be present while a person is being questioned in the 6 Counties.

Also, under the general law there is no power to stop and question. The police must make an arrest before there is any requirement on a person to answer questions.

They can stop you for the purpose of searching but only if specific conditions apply, i.e. public order offences (a list of most commonly used we will publish later).

Remember that under the Terrorism Act 2005 / The Offences Against the State Act (on both sides of the border while much of the above applies, a different set of ‘rules’ apply and will be covered in part of next months issue).

It is also worth remembering that if the PSNI, British Army or Customs stop you within one mile of the ‘Border’ they can require anyone entering or leaving the 6 Occupied Counties to furnish: any details he / she requests and any documents you possesses.

Part a) could arguably be a breach of your right to silence (you right not to incriminate yourself) but it has been tested in the courts.

This applies to ports and airports also.

Relevant Law:

Public Order (NI) Order 1987 – covers most public order offences.

Criminal Evidence (NI) Order 1988 – right to silence.

Police and Criminal Evidence Order (NI) 1989 – regulates powers of the police.

Terrorism Act 2000 – replaces old emergency legislation (PTA & EPA)

Anti-Terrorism Crime and Security Act 2001 – extends periods of detention available and introduced detention without trial for non-EU nationals.

Prevention of Terrorism Act 2005 – introduces control orders.

Freedom of Assembly / Association and Public Orders Offences.

Freedom of Association, Assembly, Expression, Religion, Privacy are all protected by the European Convention of Human Rights and the Human Rights Act. However, all these rights can be curtailed in a wide range of circumstances.

Private Meetings – Freedom of Association not protected by English law. However, freedom of association is not illegal unless it can be considered to be:

  • A conspiracy
  • Membership of proscribed organisation
  • A breach of Public Order (Amendment) Act (NI) 1970 – quasi military organisation
  • Unlawful assembly – causing disturbance or reasonable apprehension of breach of the peace
  • Breach of an Exclusion or control orders
  • Public meetings – again no right under English law
  • Public Order (NI) Order 1987 prohibits the following at a public meeting
  • Threatening, abusive, insulting words or behaviour
  • Provoke a breach of the peace
  • Wearing a uniform signifying an association with any political organisation or with the promotion of any political object. CC/SoS can permit exceptions
  • Open air meetings – can be banned/restricted

PUBLIC ORDER OFFENCES

  • Bands – subject to Parades Commission rulings – enforced by police
  • Riot – three or more people use force or violence which alarms or terrifies at least one person of reasonable firmness, with intent to assist one another
  • Affray – unlawful fighting or display of force in a manner likely to terrify a person of reasonable firmness
  • Riotous/Disorderly Behaviour – behaviour which infringes the values of orderly conduct held by right-thinking people
  • Breach of council bylaws
  • Possession of offensive weapons
  • Trespass in public buildings – trespass or interfere with the carrying on of any lawful activity in any public building
  • Obstructing a police officer – CAA 1968 – includes traffic wardens
  • Intimidation – if a person unlawfully causes another in any way whatsoever to do or refrain from doing any act
  • Breach of the peace – not a criminal act but power of arrest to prevent this
  • Unlawful drilling
  • Obstructive sitting in a public places
  • Sits, stands, kneels, lies down or otherwise conducts himself or herself in a public place so as wilfully to obstruct traffic or to hinder any lawful activity
  • Obstruction of Highway – without lawful authority or reasonable excuse, in any way intentionally or negligently obstructs the free passage along a road

POWERS OF POLICE

Under the general law, there is no general law to stop and question. The RUC/PSNI must make an arrest before there is any requirement to answer questions.

They can stop someone for the purpose of searching, but only if specific conditions apply.EMERGENCY LAWS

  • S89 TA – stop and question any person for as long as is necessary in order to put questions to ascertain
  • Identity and movements
  • What he knows about recent explosion or related incident
  • What he knows about a person killed or injured in explosion/incident
  • There is a duty to provide information to best of one’s ability. The locality you visited would have to be disclosed, but not the names of persons visited. There is no obligation to answer questions relating to one’s occupation, family or friends.

ENTERING/LEAVING THE SIX COUNTIES

  • Officer (i.e., police, army, customs) can require anyone entering/leaving O6C to give the following information
  • Any details he requests
  • Any document he possesses
  • A person is considered to be leaving/entering GB/O6C if they are on a boat, train or plane in either direction. This also applies to people at ports and to people within one mile of the border

POWER OF ARREST

All of the above public order offences have the power of arrest.

Article 27 covers service of summons not practicable – doubtful address/name given if danger to property/life/safety.

No statutory power of arrest for breach of the peace, but case law creates the power in certain circumstances if police officer witnesses the breach or believes it will happen again.

Power of arrest if warrant issued by Justice of the Peace.

Police must give reason for the arrest. You should ask under what power and why you are being arrested.