Campaign for Free Assembly: Now leafleting needs advance permission

Wednesday, 10 September 2008

Now leafleting needs advance permission

A small example of how restrictions on freedom of assembly affect everybody:

"Two campaigners dressed as penguins were removed from Telford Town Park after being told they would need a criminal record check and risk assessment to hand out leaflets. [...] Telford & Wrekin Council, which manages the park, said anyone wanting to hand out information there had to give advance notice of who they were and what they were distributing. Spokesman David Morgan said: “They have to be CRB checked and risk assessed under the Child Protection Act. There are a lot of children playing in the park at this time of year and we have a duty of care to them and our adult visitors. “The people asked to leave had given no notice or information. We did not know who they were or what they were doing. Organisations and individuals should always plan ahead and get permission from the council before doing anything in the town park to avoid any problems or misunderstandings.”"
http://www.shropshirestar.com/2008/08/09/protesters-kicked-out-of-town-park/
"Environmental campaigners who had dressed as penguins today defied a ban on handing out leaflets without permission in Telford Town Park. [...] Telford & Wrekin Council, which owns and manages the park, today defended its rules for the site. David Morgan, council spokesman, said there were many children in the park during the summer months and the council had a duty of care to them and adult visitors. He said: “People wanting to participate in an activity or stage an event need permission. It is not the authority being heavy-handed, it’s a legal requirement.”"
http://www.shropshirestar.com/2008/08/13/protest-pair-defy-park-ban/
"Council staff on the lookout for paedophiles have been ordered to stop and quiz any adults found walking in Telford Town Park without a child, it was revealed today. [...] The policy came to light after two environmental campaigners dressed as penguins were thrown out of the park last month when caught handing out leaflets on climate change. [...] David Ottley, Telford & Wrekin’s sports and recreation manager, said in a letter seen by the Shropshire Star: "Our Town Park staff approach adults that are not associated with any children in the Town Park and request the reason for them being there.""
http://www.shropshirestar.com/2008/09/08/town-park-staff-to-quiz-adults/
"The Government has today attacked a controversial borough council policy to stop and quiz childless adults who were spotted in Telford Town Park. The Home Office said Telford & Wrekin Council had no right to accost anyone innocently enjoying the park. It also said the council could not demand Criminals Records Bureau checks on anyone not working with children or vulnerable adults. But Telford & Wrekin Council bosses today said it was not a blanket policy covering the park but anyone seen acting suspiciously would be quizzed."
http://www.shropshirestar.com/2008/09/09/home-office-attacks-park-policy/
"Telford & Wrekin Council is to review its policy of stopping and questioning people in Telford Town Park in the hunt for paedophiles, it was revealed today. The authority says the review will end confusion over its policy and make it clear it does not have a “blanket” approach to stopping childless adults in the park."
http://www.shropshirestar.com/2008/09/10/council-vows-to-review-park-policy/

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The Rule of (Their) Law

• Section 128 of the Serious Organised Crime and Police Act 2005 makes it an offence to trespass (enter land or buildings without the consent of the owner) on any ‘designated site’. ‘Designated sites’ are Crown Lands, private properties of the Queen or her heir to the throne or any site that the Secretary of the State considers appropriate to designate. Maximum penalty: one year imprisonment and/or £5000 fine. Many military bases in the UK are now ‘designated sites’.

• Section 132 of the Serious Organised Crime and Police Act 2005 allows the police to impose conditions on demonstrations and arrest unauthorised protesters within 1km of Parliament. Maximum penalty: three months imprisonment and/or £2500 fine. A ‘demonstration’ is one or more people expressing an opinion.

• Section 145 of the Serious Organised Crime and Police Act 2005 makes it an offence to ‘interfere with contractual relationships so as to harm animal research organisations’. To harm an animal research organisation means to cause the organisation to suffer loss or damage of any description, or to prevent or hinder the carrying out by the organisation of any of its activities. Maximum penalty: one year imprisonment and/or £5000 fine.

• Section 50 of the Police Reform Act 2002 allows police to demand the name and address of anyone suspected of acting in an 'anti-social manner'. It has often been used on protesters. Maximum penalty for refusal to comply: £1000 fine.

• Section 44 of the Terrorism Act 2000 allows police officers to search anyone in a public place for placards, leaflets or other protest materials, without needing any grounds for the search. Maximum penalty for refusal to comply: six months imprisonment and/or £5000 fine. Any details for e.g. bank cards, Oyster, driving license will be recorded.

• Sections 11, 12 and 13 of the Public Order Act 1986 force organisers to give the police written advance notice of a procession, give the police power to impose conditions on processions, including conditions as to the route of the procession or prohibiting it from entering any public place, preventing leafleting and censoring banners or placards. Section 13 also gives the Police the power to ban a procession. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine. A ‘procession’ is any two or more people moving in the same direction.

• Section 14 of the Public Order Act 1986, as amended by the Anti-Social Behaviour Act 2003, contains a similar power to Section 12 of POA 1986 but for public assemblies, allowing conditions to be put on the number of people who may take part, the location of the assembly, and its maximum duration. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine. An ‘assembly’ is any two or more people with the same idea, standing still.

• Section 68 of the Criminal Justice and Public Order Act 1994, as amended by the Anti-Social Behaviour Act 2003, prevents any demonstration on private land, including semi-public spaces like shopping centres or the whole of Canary Wharf. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine.

• Section 60 of the Criminal Justice and Public Order Act 1994, as amended by the Anti-terrorism, Crime and Security Act 2001, contains a power which can authorise police officers within a given area to stop and search for offensive opinions. Maximum penalty for refusal to comply: one month imprisonment and/or £2500 fine.