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NO COMMENT: The Defendants Guide to Arrest

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  • NO COMMENT: The Defendants Guide to Arrest

    Although some minor details are for England specifically, this is an excellent general guide and follow up to my other stop snitchin' thread. For all the police boot-lickers please do not take heed of this advice as it would put a smile on my face to hear you are in prison.


    NO COMMENT[/b]

    Adapted from the London Anarchist Black Cross booklet.

    We have included this section as time and time again, police have arrested us on the word of people involved in hunts despite there being no evidence. Unfortunately even the innocent can be "guilty" if they say the wrong thing. So best to say nothing!



    [b]GETTING ARRESTED IS NO JOKE

    It’s a serious business. All convictions add up: eg, if you’re done 3 times for shoplifting, you stand a good chance of getting sent down.

    If there’s a chance of you getting nicked, get your act together: know what to do in case you’re arrested.
    Unless you enjoy cells, courtrooms , and prisons, you owe it to yourself to wise up.

    [b]WHEN YOU HAVE BEEN ARRESTED:[b]

    You have to give the police your NAME, ADDRESS, and DATE OF BIRTH. They also have the right to take your fingerprints, photo and non-intimate body samples.

    The Criminal Justice and Public Order Act 1994, has now removed the traditional ‘Right to Silence’ (from April 10th 1995): HOWEVER, all this means is that the police/prosecution can point to your refusal to speak to them, when the case comes to court, and the court MAY take this as evidence of your guilt. Increasingly the courts do not pay any attention to this. THE POLICE CAN NOT FORCE YOU TO SPEAK OR MAKE A STATEMENT, WHATEVER THEY MAY SAY TO YOU IN THE STATION. Refusing to speak cannot be used to convict you by itself.

    The best policy IF YOU WANT TO GET OFF is to REMAIN SILENT. The best place to work out a good defence is afterwards, with your solicitor or witnesses, not under pressure in the hands of the cops. lf your refusal to speak comes up in court, the best defence we think is to refuse to speak till your solicitor gets there, then get them to agree to your position. You can then say you acted on legal advice. KEEPING SILENT IS STILL THE BEST THING TO DO IN POLICE CUSTODY.

    REMEMBER: ALL CHARGES ADD UP.

    Q: WHAT HAPPENS WHEN I GET ARRESTED?

    When you are arrested, you will be taken to a police station. You will be asked your name, address and date of birth. Your personal belongings will be taken from you. These are listed on the custody record and usually you will be asked to sign that the list is correct. You should sign immediately below the last item, so that the cops cant add something incriminating to the list. You should also refuse to sign for something which isn’t yours, or which could be incriminating. NEVER SIGN A POLICEMAN’S NOTEBOOK. Don’t get fooled into signing on the custody record that you said something as this may be used against you later. You will then be placed in a cell until the police are ready to deal with you.

    Q: WHEN CAN I CONTACT A SOLICITOR?

    You should be able to contact a solicitor as soon as you’ve been 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.

    IN practice you may not be allowed to ring the solicitor yourself. The police will contact your solicitor, who will then be allowed to talk to you on the phone or will arrive at the police station to talk to you in person.

    It is advisable to avoid using the duty solicitor as they are often either crap or hand in glove with the cops. It’s worth finding the number of a good solicitor in your area and memorising it, or one who specializes in a particular area of work e.g. Animal Rights protestors, hunt saboteurs getting nicked for Aggravated Trespass. Specific knowledge of a particular area of law is not just useful when you get to court – it can also be useful at the time of arrest. The police are wary of decent solicitors. Also, avoid telling your solicitor exactly what happened: this can be sorted out later. For the time being, tell them you are refusing to speak. Your solicitor can come into the police station while the police interview you: you should refuse to be interviewed unless your solicitor is present.

    Q: WHAT IS AN INTERVIEW?

    An interview is the police questioning you about the offences they want to charge you with. The interview will usually take place in an interview room in the police station.

    An interview is only of benefit to the police. Remember they want to prosecute you for whatever charges 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 CANT LEGALLY FORCE YOU TO SPEAK.

    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. Eg, in most public order arrests they rely on witness statements from 1 or 2 cops or bystanders, you won’t even be interviewed.

    The Police want to convict as many people as possible cos:

    1. They want to convict you because 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. Coppers get promotion through the number of crimes they ‘solve’. No copper wants to be a bobby 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’, is at the same time removing people the cops don’t like, is a widespread part of nil police forces.

    3. There may be a political reason behind the policing. Eg. Nicking every hunt sab in an area might please the Chief Constable or his friends at the lodge. The Home Secretary may have ordered that demonstrations at a vivisection lab must be halted. By arresting and convicting all participants or “key” individuals, the police hope to scare off activists.

    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 judge. 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 questions 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 will be sent to your solicitor. The evidence usually rests on very small points: this is why it’s important not to give anything away in custody. If they don’t have enough evidence the case could be thrown out of court 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. Some pretty common examples follow, but remember they may try some other line on you.

    THESE ARE THE THINGS THAT OFTEN CATCH PEOPLE OUT. DON’T GET CAUGHT OUT.

    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 HAVE NO WAY OF CHECKING WHAT ANOTHER PERSON IS SAYING. IF YOU ARE UP TO SOMETHING DODGY WITH OTHER PEOPLE, WORK OUT A STORY AND STICK TO IT. PLUS YOU CAN’T BE CONVICTED JUST ON THE WORD OF A CO-ACCUSED.)

    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 done 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 f*** 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.”

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

    (THEY’RE TRYING TO GET AT YOU.)

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

    (UNLESS THEY CHARGE YOU FOR A ‘SERIOUS OFFENCE’ THEY HAVE TO RELEASE YOU WITHIN 24 HOURS. EVEN IF YOU ARE SUSPECTED OF A ‘SERIOUS OFFENCE’ YOU HAVE THE RIGHT TO A SOLICITOR AFTER 36 HOURS, AND ONLY A MAGISTRATE CAN ORDER YOU TO BE HELD WITHOUT CHARGE FOR LONGER.)

    7. “You’ll be charged with something far more serious if you don’t answer 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.)

    8. “My niece is a bit of a rebel.”

    (SHE PROBABLY HATES YOU AS MUCH AS WE DO THEN!)

    9. “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 YOU FEEL GUILTY. DON’T FALL FOR IT - DID YOU ASK TO BE NICKED OR INTERVIEWED? THEY NEVER PRIORITISE CATCHING GRANNY MUGGERS OVER HARRASSING HUNT SABS DO THEY? IT’S THEIR GUILT NOT YOURS)

    10. 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 rag every now and again. So what happened?”

    (MR NICE IS AS DEVIOUS AS MR NASTY. HE OR SHE WILL OFFER YOU A CUPPA, CIGARETTES, A BLANKET. IT’S THE SOFTLY-SOFTLY APPROACH. ITS BOLLOCKS. ‘NO COMMENT’.)

    11. “We’ve been here for half an hour now and you’ve not said a f***ing word....Look you little c***, 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 ALOT TO LOSE BY SPEAKING.)

    12. “You’re 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 p****. Now talk.”

    THEY PICK ON YOUR WEAK SPOTS, FAMILY, FRIENDS, ETC. GERRY CONLON OF THE GUILDFORD 4 WAS TOLD THAT HIS MOTHER WOULD BE SHOT BY THE RUC UNLESS HE CONFESSED. COPS DO SOMETIMES VICTIMISE PRISONER’S FAMILIES, BUT MOSTLY THEY ARE BLUFFING.)

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

    14. “Look, we’ve tried to contact your solicitor, but we can’t get hold of them. It’s going to drag on for ages this way. Why don’t you use on e of our duty solicitors, and we’ll soon get this situation cleared up so you can go home.”

    (NEVER ACCEPT AN INTERVIEW WITHOUT YOUR SOLICITOR PRESENT, AND DON’T MAKE A STATEMENT EVEN IF YOUR SOLICITOR ADVISES YOU TO - A GOOD ONE WON’T.)

    15. “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. You admit to it and 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. THIS BLOKE GOT SENT DOWN FOR NOT PAYING A FINE. THE PRISONER HE WAS HAND-CUFFED TO IN THE PRISON BUS DID A DEAL WITH THE POLICE. HE PLEADED GUILTY TO A CHARGE AFTER BEING PROMISED A NON-CUSTODIAL SENTENCE. THE MAN TRUSTED THE POLICE; HE WAS A SMALL-TIME BUSINESSMAN ACCUSED OF FRAUD. WHEN IT CAME TO COURT, THE JUDGE GAVE HIM TWO YEARS. THE BLOKE WAS SPEECHLESS!)

    16. ‘We’ve been round to the address you gave us and the people there say they don’t know you. We’ve checked up on the DSS computer and there’s no sign of you. Now come on, tell us who you are. Wasting police time is a very serious offence. Now tell us who you are or you’ve had it!’

    (IF YOU’VE SORTED OUT A FALSE ADDRESS WITH SOMEONE MAKE SURE THEY’RE RELIABLE, AND EVERYONE IN THE PLACE KNOWS THE NAME YOU’RE USING. STICK AT IT, IF YOU’RE CONFIDENT. YOU CAN’T BE CHARGED FOR WASTING POLICE TIME FOR NOT ANSWERING QUESTIONS.)

    17. ‘They’ve abolished the right to silence - you have to tell us everything now, it’s the law.’

    (AS WE SAID AT THE BEGINNING, YOU CAN STILL SAY NOTHING, THERE IS NO OBLIGATION TO TELL THE COPS ANYTHING, BEYOND YOUR NAME, ADDRESS AND DATE OF BIRTH.)
    Last edited by | K Y L E |; 06-14-2008, 04:55 AM.

  • #2
    continued . . .

    If you are nicked on very serious charges, or for serious violence to a police officer, the cops may rough you up, or use violence and torture to get a confession (true or false) out of you. Many of the people freed after being fitted up by the West Midlands Serious Crimes Squad, or coming to light now in Manchester, were physically abused till they admitted to things they hadn’t done. If this happens, obviously it’s your decision to speak rather than face serious injury, but remember, what you say could land you inside for a long time, even if it’s not true. 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 people’s naivety. If you are sussed the chances are they’ll give up on you. In these examples we have tried to show how they’ll needle you to speak. That’s why you have to know what to do when you’re arrested. The hassle in the copshop isn’t nice, but if you are on the ball, you can get off. You have to be prepared. We’ve had a lot of experience of the police and we simply say:

    1. Keep calm and cool when arrested (remember you are on their home ground.)

    2. Get a solicitor.

    3. Never make a statement.

    4. Don’t get drawn into conversations with the police.

    5. If they rough you up, see a doctor immediately after being released. Get a written report of all bruising and marking. Remember the officers’ names and numbers if possible. This will be useful if you bring a civil case or complaint against them.

    Having said nothing in the police station, YOU can then look at the evidence and work out your alibi, your defence or your side of the story.

    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.
    http://www.sabs.org.uk/index.html

    Comment


    • #3
      take note franc

      Comment


      • #4
        learned all this from watching "The First 48 hours"
        I'm giving away rapidshare accounts

        Comment

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