* This is the sole personal interpretation of the author within his own personal capacity.

have “more” rights than ordinary citizens.

NOT

Police do

ACP

O

-. It is a very thin blue line.

anarchy

abiding citizens and total -standing between peace;

law

This “line” represents that the police are the only thing

“The thin blue line...”

Who are they? (Legally) POLICE OFFICER: A person who whatever

rank in a police force holds the ancient office of constable, ie one who has undertaken to serve the State as an officer of the peace. His office, is in law, independent.

Oxford, Dictionary of

Law 6th Ed. 2006

The Oath taken... I DO SOLEMNLY DECLARE UPON MY HONOUR AND CONSCIENCE THAT I WILL ACT AT ALL TIMES TO THE BEST OF MY ABILITY AND KNOWLEDGE IN A MANNER BEFITTING A POLICE

OFFICER I WILL PRESERVE THE DIGNITY AND WILL RESPECT THE RIGHTS OF ALL INDIVIDUALS I WILL DISCHARGE MY DUTIES WITH INTEGRITY AND WILL PROMOTE UNDERSTANDING AND CONCILIATION I WILL EXERCISE MY AUTHORITY AS A POLICE OFFICER IN THE MANNER INTENDED BY THE LAW I WILL FAITHFULLY OBEY THE ORDERS OF MY SUPERIORS AND WILL BE READY TO CONFRONT DANGER IN THE LINE OF DUTY I WILL ACT WITH HONESTY, COURTESY AND REGARD FOR THE WELFARE OF OTHERS, AND WILL ENDEAVOUR TO DEVELOP THE ESPRIT DE CORPS I WILL ACT JUSTLY AND IMPARTIALLY AND WITH PROPRIETY TOWARDS MY FELLOW OFFICERS

I WILL CONSTANTLY STRIVE TO HONOUR THIS OATH IN MY SERVICE AS A POLICE OFFICER

Police (NI) Act 1998 as amended by 2000 Act

Stop & Search...

Police generally have 3 sets of legislative provisions to authorise a stop & search, permitting that you do not agree to obey. Only when you refuse to consent are the following invoked;

1. Police and Criminal Evidence (NI) Order 1989 – PACE

2. Terrorism Act 2000 – TACT 3. Justice & Security Act 2007 – JSA 4. Note – Amendments and Schedules added!

PACE Power of constable to stop and search persons, vehicles etc. 3.—(1) A constable may exercise any power conferred by this Article— (a)in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or . (b)in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling. . (2) Subject to paragraphs (3) to (5), a constable— (a)may search— . (i)any person or vehicle; . (ii)anything which is in or on a vehicle, .for stolen or prohibited articles [F1, any article to which paragraph (9) applies or any firework to which paragraph (9A) applies]; and(b)may detain a person or vehicle for the purpose of such a search. .

(3) This Article does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [F2, any article to which paragraph (9) applies or any firework to which paragraph (9A) applies

PACE Objective of Search:

Drugs, Offensive Weapon, Going Equipped, Stolen Property, Firearms, etc.

The test is one of “reasonable suspicion” Under the Road Traffic Order it is a criminal

offence to refuse to answer questions about

your driving licence PACE is usually used once you have stopped.

Right to Silence…? The Criminal Evidence (NI) Order 1988 provided for adverse

inference being drawn for failure to mention something prior to being charged to an offence. The Criminal Procedure (Amendment) Rules 2009 which replaced the Criminal Procedure Rules 2005, provides for post-charge questioning. This can be applied for failure to mention facts after a suspect has been charged with an offence.

Murray v UK (1996); "To deny access to a lawyer for the first 48 hours of police

questioning, in a situation where the rights of the defence may well be irretrievably prejudiced, is - whatever the justification for such denial - incompatible with the rights of the accused under Art. 6”

Heaney and McGuinness v Ireland (2000)

"The Court, accordingly, finds that the security and public order concerns relied on by the Government cannot justify a provision which extinguishes the very essence of the applicants' rights to silence and against self-incrimination guaranteed by Article 6 § 1 of the Convention."

The Regulation of Investigatory Powers Act 2000 – (RIPA) “Snoopers’ Charter” ~ Liberty Very broad scope - Intrusive & Invasive! Governs surveillance, investigation, and the

interception of communications.

Provisions for Covert Human Intelligence Source (CHIS)

R-v-Sandhu & RIPA – Undermines the Professional Privilege of a client and solicitor consultations.

TACT 43 Search of persons

(1)A constable may stop and search a person whom he reasonably

suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. .

(2)A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. .

(3)A search of a person under this section must be carried out by someone of the same sex. .

(4)A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist. .

(5)A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

‘Section 43 and 43A’ Stop and Search power for persons and vehicles

PSNI may stop and search you the driver or passenger,

or the vehicle/anything in the vehicle or anything carried by a person in the vehicle if they

have reasonable suspicion that you are a terrorist’ or that ‘the vehicle is being used for the purposes of terrorism’;

The search can be for anything which would ‘provide evidence that you are a terrorist’ or ‘that the vehicle is being used for the purposes of

terrorism’;

Anything found that ‘may constitute evidence’ of this can be seized;

TACT Section 43: 'Reasonable Suspicion' that the

person is a 'terrorist'.

Section 44: 'Reasonable Suspicion' is not required but person is in a specific area

designated by the British 'Secretary of State'. [No longer in use – suspended power/disproportionate (Gillen v UK)]

s.47A TACT as per Sch’d 6b A uniformed police officer can stop and search any vehicle or pedestrian without individual reasonable suspicion; The search can only be for evidence that you are ‘a terrorist’ or that your vehicle is being used ‘for the purposes of terrorism’; This power requires an ‘authorisation’ to be in place to use the power in a particular area. A police officer may seize and retain anything they discover during the search; Before the search the PSNI should: 1. Tell you their identification number & barracks 2. That the section 47A power is being used and that there is an authorisation in place 3. & explain the purpose of the search.

The police must inform you of your entitlement to a copy of the record of the search, or your entitlement to get a copy within 12 months, if it is ‘not practicable to make a record at the time’. A record must be made unless it is not practicable to do so.

JSA S.21 Stop and question.

(1)A member of Her Majesty's forces on duty or a constable may stop a person

for so long as is necessary to question him to ascertain his identity and movements. .

(2)A member of Her Majesty's forces on duty may stop a person for so long as is necessary to question him to ascertain— .

(a)what he knows about a recent explosion or another recent incident endangering life; .

(b)what he knows about a person killed or injured in a recent explosion or incident. .

(3)A person commits an offence if he— . (a)fails to stop when required to do so under this section, . (b)refuses to answer a question addressed to him under this section, or . (c)fails to answer to the best of his knowledge and ability a question addressed

to him under this section. .

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. .

(5)A power to stop a person under this section includes a power to stop a vehicle (other than an aircraft which is airborne).

JSA Section 21: (a) Stop as 'long as necessary' to question identity

and/or movements. (Re Mooney – 1 ½ hrs deemed necessary.)

(b) Questions regarding knowledge of a recent 'terrorist' incident ie. Bomb/Shooting.

(c) Powers to stop vehicle following a recent 'terrorist' incident.

Section 24: Search for ammunition, wireless apparatus and transmitters in a public or private place

JSA Re: Canning, Fox & McNulty CA [2013] (Appeal) Section 21 & 24 are in violation of: Art. 5 ECHR - Right to Liberty

Art. 6 ECHR – Right to Fair Trial

Art. 8 ECHR - Right to Privacy

Not “in accordance with the law…”

Sch’d 3 of s.24 JSA 2007 as amended by the Protection of Freedoms Act 2012 a. S.1. (2) In this Schedule “authorised officer” means— (a) a member of Her Majesty's forces who is on duty and is authorised by a commissioned officer of those forces, and (b)a constable who is authorised by an officer of the Police Service of Northern Ireland of at least the rank of inspector. b. S.4 (1) An officer may— (a)stop a person in a public place, and (b)search him for the purpose of ascertaining whether he has munitions unlawfully with him or wireless

apparatus with him. c. S.6 (1) Where an officer carries out a search of premises under this Schedule he shall, unless it is not reasonably practicable, make a written record of the search. (2) The record shall specify— (a) the address of the premises searched, (b)the date and time of the search, (c) any damage caused in the course of the search, and (d) anything seized in the course of the search. (3) The record shall also include the name (if known) of any person appearing to the officer to be the occupier of the premises searched; but— (a)a person may not be detained in order to discover his name, and (b)if the officer does not know the name of a person appearing to him to be the occupier of the premises

searched, he shall include in the record a note describing him. (4)The record shall identify the officer— (a) in the case of a constable, by reference to his police number, and (b)in the case of a member of Her Majesty's forces, by reference to his service number, rank and regiment.

s.27 JSA Search Power- documents (British Army only) A soldier using the above search power can also look at documents to see if they contain “information likely to be useful for terrorism”; if so, they can take the document away; The documentation cannot be photographed or copied A record must be kept and given to you as soon as possible PSNI do NOT have this power under section 27; There can be a fine or a charge of an obstruction for not abiding.

“Conveyor belt of Invasive Laws…” Gillen-v-UK = s. 43A & s.47A TACT Canning & Ors = s.24 sch.3 JSA A culture has been allowed to develop whereby regardless of the legal challenges of individuals the State recognise the future implications of change and initiate the process to ensure a ‘new’ provision will replace it.

WRONG = WRONG

Statistics

Statistics

FAQ Q. If asked by the police, do I have to stop and answer their questions?

A. Generally, you are under no legal obligation to stop and answer police questions – unless they specify that they have detained you under Terrorist Related Provisions

Q. Can the PSNI make me strip or take of my shoes in the street during a search? A. No – If a search is being carried out in a public place. The only clothing you can be required to remove is : - Headgear; Outer Coat; Jacket;

Gloves. Anything in excess or further invasive of the above must be done at the Barracks by an officer of same sex Q. Can the PSNI stop and search me if he is not in full uniform? A. Yes – only if evidence is produced to show he is a constable – they must reasonable identify themselves Q. Does the PSNI have to tell you who they are? A. The Lead Officer must give you his identification number and the name of his Barracks. Q. Should you be told why you are stop/searched and given a receipt? A. You have the right to be told the purpose of the search and why it is believed a search is required. A written

record must be made of the search. You must be informed that you can request a copy of this up to 12 months after the search. There is a pilot scheme in operation whereby you may be directed to the Barracks to obtain a record – they still must give you a note of their Name and Barracks if asked.

Recap

The Law is open to interpretation and is always evolving through amendments, caselaw, etc

Terrorist Related Legislation is deemed Emergency

Provisions and has been reiterated by Parliament, only to be utilised in times of emergency – Not for frequent ‘normal’ every day use,

If TACT or JSA are used – they extend Police powers and put the onus on the individual stopped to comply,

Unless you openly express your objections it may be

deemed that you are ‘cooperating’ and no law is being used to stop & search you.

If stopped remain....CALM

C – Consent | Raise your refusal which effectively puts the burden on the PSNI to use a law. Ask then what provision your being detained under.

A – Ask them Questions | Put the ball back in their court, they are depriving your liberty, Why? What ground? OR (if JSA) just Answer their questions briefly and remain silent.

L – Liaise with you Legal Rep | Regardless what you are stopped under you can request that your solicitor is contacted immediately and can speak with same.

M – Make a complaint | OPONI can be asked to log a formal complaint regardless of whether or not you want to engage with them. This also enables you to keep a documented trail of stops in the event you wish to pursue action against the Chief Constable.

Knowledge & Rights

Its not radical or extreme to know your rights – its sensible!

Don’t allow your liberty or privacy to be invaded or interfered with unlawfully.

If in doubt seek advise don’t carry on in an oblivious limbo!!!

The culture and acceptance of emergency provisions being used on a daily basis must be reversed.

“Those who are prepared to give up liberty for a little temporary safety deserves neither liberty nor safety."