IRA pull off the 'Escape of the Century' from Mountjoy Prison

On 31 October 1973,one of the most spectacular and audacious escapes from an Irish prison took place when three of the IRA's key personnel were airlifted to freedom in a seconded helicopter from Mountjoy Prison.

At 12 o'clock on 31 October 1973, a mysterious Mr Leonard, wearing a white suit and hamming up a mid-Atlantic accent, arrived at the Westpoint Hangar (Dublin Airport) to take a flight in the five-seater Alouette II helicopter. The helicopter had a long history already. It had seen service in the French Air Force and President General DeGaulle had presented it to the wife of the South Vietnamese leader President Thieu. The South Vietnamese later sold the machine to Irish Helicopters Ltd.

This helicopter had been booked to shoot a film location in County Laois. When in the air, the pilot was told by Mr Leonard that he needed to pick up some photographic equipment and to touch down beside a farmhouse at Dunmace, near Stradbally. On landing, the unsuspecting pilot saw two men coming out of the trees before him, one armed with a revolver and the other carrying an armalite rifle. He was then told at gunpoint that the helicopter was to fly to Mountjoy Prison, following the path of the Royal Canal and railway lines.

As he entered the Dublin area, he dropped his helicopter height to 700 feet and approached the prison from the rear. The helicopter touched down in the centre of the compound outside D-Wing, where political prisoners had been exercising. Upon landing, Séamus Twomey, Chief of Staff of the IRA, JB O'Hagan, Quartermaster of the IRA, and Kevin Mallon, an IRA activist since the 1950s campaign, ran forward and boarded the aircraft.

Prison warders realised what was happening too late. Some of them even thought that the helicopter's arrival was a visit from the Minister of Defence. As the reality of an IRA escape dawned on them, they tried to intercept the escape but the IRA prisoners in the yard began grappling with them and blocking their way. One of the more intelligent of the prison officers kept screaming "close the f**king gates close the f**king gates", before reality dawned on him that the escape was going up and not out the gates.

As the helicopter cleared the prison walls, with the escapees on board, the pilot was ordered to take his aircraft to the Baldoyle Racecourse just outside Dublin city centre. The helicopter touched down at Baldoyle, where a car taken in O'Connell Street earlier that day was ready to drive them to safe houses.

Back in Mountjoy, the prisoners continued to run around the exercise yard to confuse the screws, who were attempting to carry out a headcount to discover the identities of the escapees.
Eamonn Mac Thomáis, OC of the prison, eventually held a parade in the yard and addressed the men. He said he had been informed by the prison authorities that a helicopter had landed in the yard and that a number of prisoners had escaped. He said: "I didn't see a helicopter and this being Hallowe'en, the prisoners that escaped must have gone out on witches' broomsticks. I don't see who is missing but the prison authorities want to do a headcount, which necessitates all men going to their cells." A count was carried out as the men filed inside and it was discovered that three prisoners were missing; their identities were discovered after a cell check.

The escape was a great morale boosting exercise for republicans, particularly to the 1,400 POWs then imprisoned. It had been planned meticulously by an outside IRA escape committee. The three escapees had been selected because of their high profile within the media, rather than men who were serving longer sentences. The primary purpose was to embarrass Liam Cosgrave, his Fine Gael Party, and the Labour Party with Conor Cruise O'Brien, who had boasted in September that their government was having greater success than the British in crushing the Republican Movement.

In Belfast, bonfires blazed in celebration of the event while in Dublin over 300 Garda detectives searched hundreds of homes in a vain attempt to track down the escapers.
A typically downbeat IRA statement referred to the Mountjoy escape at the end of a list of IRA operations against the British crown forces: "Three republican prisoners were rescued by a special unit from Mountjoy Prison on Wednesday. The operation was a complete success and the men are now safe, despite a massive hunt by Free State forces."

Rest In Peace Dave Browne - 32csm Gaughan Stagg Cumann

Dave Browne - R.I.P

Fuair siad bás ar son Saoirse na hÉireann

The 32 County Sovereignty Movement, Ard Chomhairle, and wider membership, would like to express our shock and sadness, upon hearing of the untimely death of Dave Browne.

We extend our heart felt sympathies to Dave's family, and his wide circle of friends across Ireland, Scotland, England and Wales.

Funeral details will follow in due course. 

Dave Browne founder member of the 32CSM in England, died on Monday 26 October 2015.

Dave Browne joined the 32CSM from the onset. He like others recognised the path being advocated by the provisional movement would not secure Irish National Sovereignty.

Dave was a tireless advocate for the 32CSM and one of the founder members of the Gaughan Stagg Cumann in England. Dave along with others in Liverpool continued to maintain the name of the James Larkin RFB when others sought to abandon the name. He was a tireless worker highlighting the plight of Irish Republican Prisoners.

In recent years Dave suffered two serious physical attacks from reactionary fascist elements, resulting in very serious injury. The British response was to charge Dave with offences, and denied him medical treatment despite being attacked with a hammer! 

Dave went on trial in Liverpool, charged with trumped up offences of assault, the case against him was dismissed. Dave proceeded to admonish the prosecuting solicitor from the dock!

Dave refused to allow these elements to silence him, or his belief that Britain continues to deny the Irish people national sovereignty. He went on to arrange marches and fundraisers in Liverpool, Manchester, London and Wakefield.

Dave was an active Antifacist who stood by the battle cry 'No Pasaran'

.

We send condolences to his family, friends and comrades.

Ard Comhairle 32 County Sovereignty Movement

Gaughan Stagg Cumann 32 County Sovereignty Movement

Vol Charles Carrigan Cumann (Scotland)

James Larkin RFB

Coatbridge United Irishmen RFB


Antifacist Movement (Liverpool, Manchester and York )

Márie Drumm, a tribute.

Máire Drumm

A tribute



MAIRE DRUMM'S dedicated life of service to her people is at an end. That she lived and died for Ireland her comrades in the Republican Movement proudly acknowledge. She lived and toiled ceaselessly face to face with the stem realities of life in Belfast and hers was the authentic voice of the beleaguered people suffering and resisting British and pro-British terror in their streets and homes.She gave leadership fearlessly for close on seven years as a member of the Sinn Fein Ard-Chomhairle and later as Vice-president. She realised full well that the political activists and her role in the Republican Movement was purely political -were in the front line, but that did not deter her from the rigorous code of duty she imposed on herself.


Concern for Political Prisoners

Apart from her public commentary and her activity in street demonstrations, her especial concern was for the political prisoners, their families and their welfare, the securing of compassionate parole and every humanitarian consideration affecting the casualties of the struggle. She also maintained contact with British Government representatives right
through the 1975 bi-lateral Truce.

In addition. Marie Drumm had to cope with the internment without trial of her husband. Jimmy, for thirteen years, the rearing of a family of five. the arrest and ill-treatment of her son Sean, the internment without trial of her son Seamus in Long Kesh and the imprisonment of her daughter, Maire Óg, in Armagh Jail.

Now the worst has happened. Death came to her in the most brutal and callous of cir- cumstances, while a patient in a hospital ward - surely a place of refuge and healing. But she died as much to liberate those who murdered her as those who would have defended her had they been present.


Warm and compassionate

Firm and uncompromising in her public attitudes, she was in private the most warm, compassionate and hospitable of people, she had a genuine love of human kind. and especially of her own oppressed people, who in their turn, took her to their hearts long ago.

Now that Maire Drumm is dead, the uncharitable expressions of some public figures who lead closely guarded lives surroun-
ded by maximum protection of the British Occupation Forces, ill becomes them and reminds the Irish people of similar sentiments expressed by them following the Bloody Sunday massacre in Derry.

Indeed, some of the commentsby politicans and pressmen on both sides of the Irish Sea in the past have not helped and have assisted in making a political figure like Maire Drumm, the target for assassination squads.

The refusal of a visa to her to enter the United Slates is likewise difficult to interpret; one wonders what the American State Department, acting under British pressure, had to fear in exposing Americans to a realistic exposition of the facts of life under English rule in Ireland.

One aspect of Maire Drumm's life is clear to all who worked with her; she ceaselessly advocated the rights of the Loyalist communities in the New Ireland, and consistently guarded and developed lines of contact with them. Those with whom she was in touch among the Loyalists knew well of her persistent work for a just peace in Ireland; it devolves on them to come forward and acknowledge this now that she is no longer there to survey one such vital work.


Inspiration to all

For her comrades, Maire Drumm is not dead, she lives, she inspires us- On every street barricade, at every prison gate, at every mass demonstration and confrontation, she is there, urging us on to even greater effort. Her tireless spirit beckons us forward in our struggle for the New Ireland, for the liberation of all mankind, tor freedom, justice and peace. We salute
you, Maire Drumm, fearless anti-imperialist fighter: for us you live forever.




Issued by the President of Sinn Fein, Ruairi O Bradaigh, in the aftermath of Drumm's death in 1976.

Solidarity with Gaza. Events in Ireland 31st December 2014

Solidarity vigils for Gaza are happening around Ireland today.
Please try to get along to one of the events below.

Let's show our solidarity with the Palestinian people and remember those murdered, maimed, displaced, besieged by the apartheid state.

 * Dublin: Ha’penny Bridge, 2pm.
  * Sligo: Hyde Bridge, 2pm

   *Limerick: Bedford Row, 3pm
    *Galway: O'Brien's bridge, by the Bridge Mills, 2pm


 

A Guide to Police Custody for Political Activists (Part 2)

A Guide to Police Custody for Political Activists

4. The police cell
This is where you will spend most of your time while in custody. It is generally a small, very bare room painted a horrible vomit-yellow, containing a bench and pathetic mattress. Some have toilets.
Each cell has a buzzer used for calling the custody sergeant, or who ever has been given the duty of looking after the needs of prisoners. They may not immediately answer, but give it five minutes before trying again. Repeated pressing will only lead them to ignore you, even though they are not supposed to.

The door has a spyhole (not necessarily covered up) and a larger gap for passing stuff through. They may check up on you every hour, so don't get your hopes up every time you hear noises outside.
The only people you normally see are the police and your solicitor. It is possible that the custody sergeant may allow some one else to come and visit you, but this is very rare.

There is a requirement to feed you at mealtimes (one main meal and two light meals). However, if you have dietary requirements it is best to state them early on, and also let your solicitor know about them. This can be a hassle, and it may be worth requesting the actual boxes the food came in to check the police are not lying. Some police stations used to dealing with animal rights activists automatically stock vegan food now. Beans on dry toast is usually the best to go for. You can request drinks at any time, but note in many stations the tea & coffee comes pre-prepared cups with milk powder in so check first.

The worse part is boredom and not knowing what is happening. Plus, there is the disorientation as they usually take your watch. Nowadays people are normally put in single cells. This is part of the technique for softening you up for interviews. Thinking in these terms will help see you through. There are a number of things you can do to keep yourself occupied and stop you from getting demoralised.

Think of it as a space to catch up on stuff, never as them having won:

 a) As mentioned above, request both PACE and writing materials, as is your right.
 b) Try and get some sleep: police stations will have blankets, and reading PACE is particularly good at inducing sleep.
 c) Dance, exercise or do Tai'Chi. Again these will help you sleep, and it is a good chance to catch up on that practice you have been meaning to do for ages.


There is no harm going over the events leading up to your arrest, especially to get them clear in your mind, sort out what you did wrong, and mentally plan a statement. However, don»t dwell on it too long or it will drive you up the walls. Pacing is a technique people use to kill time but watch out for it getting too repetitive and leading to a feeling of hopelessness. Thinking about time is a very bad move.

Another tip is to not pay any attention to any noises you hear going on outside the cells, such as footsteps and jangling keys. These will lead to false hopes. The majority of them are not going to be for you; the only time to start paying attention is when you hear the locks of the door moving. As they have to keep checking on you, some of the noises will simply be them looking through the spyhole at you.

Six hours is the general length of time for your stay, as, if you are not charged, extra hours tend to be expensive for the police for when you sue for wrongful arrest. However, don't expect to be let out after six hours. They can keep you for longer if they need to, even overnight (see below). This is another reason for not bothering to watch time go by. Your solicitor will be able to tell you why they are keeping you in after a review. Often it is simply that there have been too many arrests for them to deal with, or they haven't finished preparing for the interview, so extra time is required.

After your first six hours your stay in custody has to be reviewed. After this, the review will happen every nine hours. Before charging the review has to be by an officer of at least the rank of inspector who is not directly involved in the investigation. After charging it is the custody officer.

The last thing is, in the case of sharing cells with other prisoners, to be careful what you say. It is not unknown for them to inform on you to the police, or even to be police themselves. It is good to have company, but take care. Likewise, assume that the police cell is bugged. If your companion is persistent tell them that you are too paranoid to answer certain questions or discuss what you»ve been arrested for (other than what you've been accused of being doing) in the cell.


5. Solicitors
Request one straight away, the moment you have been processed. This is one of your most important rights and should always be exercised. Even if you are experienced in the ways of police custody, it always helps to have someone acting on your behalf while you are locked up. You can only be refused a solicitor if you have been arrested for a "serious arrestable offence".

Unless you are very confident about handling yourself do not use a duty solicitor. They will not do their best for you, and you cannot trust them not to let information slip to the police on purpose or inadvertently. In towns the police and duty solicitors all know each other, and you never know an unknown solicitor's own opinions; an example is when some arrested sabs took the duty solicitor who turned out to be a hunt supporter. Many duty solicitors are ex-coppers!

There are a number of solicitors who will represent people arrested for animal rights and other political protests; use them. Preferrably sort out details before you do the demonstration or action. At least have a name of a legal firm and the town where they are based; the police will be able to contact them from these details.

If your chosen solicitor is unable to come directly, you will be given the chance to talk to them on the phone first, and they will arrange for another solicitor to come instead, who will still be better than the duty solicitor. What you need is someone who is willing to fight on your behalf to get the best possible deal and give you the best advice as opposed to someone who is bored and sees their duty as just guiding your through the process with minimal effort.

Remember not to say anything incriminating to your solicitor while in the police station. Assume every room and phone is bugged. If an inexperienced solicitor starts asking you questions, whether to get your version of events or ones that would cause you to give away certain personal details, simply say that you don't want to talk about it now and state that you don't trust the police not to be listening in. Most animal rights solicitors will not put you in this position. If your solicitor is persistent, then that is all the more reason for not answering.

Finally, asking your solicitor to ring someone on your behalf obliges them to tell the police that they are doing so, including who and why. There is little way around this. If the police are listening in they can end up causing your solicitor trouble over this, even though they are not supposed to know.


6. Interviews
See the guide to handling interviews. The main point to make is: do a no comment/silent interview regardless of what shit they throw at you. Make sure you have a solicitor present and let them know before hand that you do not intend to answer their questions.

In animal rights and environmental protests, it is expected that no-one talks. Interviews have one purpose: gathering information to convict you and your companions. If your talk, no matter how innocent it may seem at the time, leads to the conviction of someone else then you will be considered a grass, the fact published and can expect yourself to be ostracized.

The only exceptions to no comments are:

 a) when a group of you have agreed before hand what you are all going to say, AND everything else has gone to plan; or
 b) you have done an action by yourself and you can argue easily enough that you were not committing a crime, for example when doing a trespass, which is a civil offence, but you have been arrested on a criminal charge. This has been known to get people freed without charge, but make sure you know what you are doing in advance, or you could end up with the criminal charge of aggravated trespass instead.

Most convictions come from statements arising out of interviews; it is the easiest way to a successful prosecution for the police, so they will try and pressurize you. A solicitor present will help stop the more outrageous pressures, plus all interviews have to be taped and sealed by law, which stops them from tampering with them. You will be asked to sign the tapes at the end; if you have done a no comment/silent interview, then there is generally no harm in this. You may need to give it some consideration if you have given false details.

Despite anything said about it harming your defense at trial and 'special warnings', there are good reasons for no comment/silent interviews. No comment tapes rarely come to court.

Reasons you can use in court to justify your refusal to answer are:

 a) "under advice from my solicitor";
 b) you were not presented sufficient evidence that you felt you could evaluate the situation;
 c) you were too tired and/or bruised to feel that you could do yourself justice in the interview.

You should ask your solicitor to say to the police at the start of the interview that you intend to go no comment/silent. It is up to you whether you state your name at the start or not. It is best not to speak to the police from the moment you enter the interview room. An interview can last up to two hours, and there can be any number of them. They may ask you to speak to confirm your presence in the room - again you do not have to.

Listen to the questions they are asking you, even if you are not answering them. It often gives you a good idea of what sort of lines of inquiry they are going down.
You can stop an interview at any time to confer with your solicitor, should you feel the need; however the police may see this as a sign that they are getting to you.

A simple technique to avoid being intimidated by the police in an interview room is to pick a point on the floor or wall, and simply stare at it for the entire proceedings. This will also help you not to give away information through body language.

7. Charging and processing
When they have finished interviewing, you are returned to your cell while a decision will be made on what to do with you; whether to keep you in to continue their enquiries, try to have you remanded or let you go. If they are letting you go they will normally charge you, or release you on police bail (not a proper charge, but an order to turn up at the police station at a later date). They have to either charge you or let you go within 24 hours of arriving at the police station. This period can only be extended if you are being held on suspicion of committing a "serious arrestable offence".

If you are being charged & released then you will be told the details of the charges, informed about bail conditions, and then processed before being released. You are asked to sign to say you have been informed of the charges and the bail conditions imposed, and be given a copy.

You can refuse the bail conditions, but it is likely that they will keep you in overnight and bring before the magistrates the next day, who will probably impose the same bail conditions anyway. The decision is up to you, and needs to be evaluated according to the situation. For most people, it is a case of accepting the bail. It is when the restrictions imposed will far outweigh the alleged crime that you refuse to accept them, but seek advice from your solicitor. Sometimes, refusing bail has resulted in people being simply chucked out of the police station, as the police are not prepared to deal with the extra paper work and hassle you will cause them, but don't bet on it. Also you can ask the custody sergeant to alter the bail conditions giving reasons why - he may accept, particularly if a solicitor speaks on your behalf. Most people accept even draconian bail conditions and apply to have them dropped at the court appearance.

Processing involves them taking your fingerprints, photo and DNA. You can resist, but they are allowed to use 'reasonable' force to take them. In the case of fingerprints, this can be forcibly seizing your hands to get your prints. For DNA they normally use sterile disposable toothbrushes to gather cells from the inside of your mouth. If you refuse then they can rip some hair out of your head. The DNA sample is then sealed in a bag and labeled; watch them label it; they must get your name, date of birth and time of sampling correct - if they don't then it may be inadmissible in court.

 If they ask for your date of birth, don't answer (this is where the tactic of no conversation comes in particularly useful). They are now allowed to take your photograph by force, even before charge. They can sometimes forcibly take your fingerprints and DNA before charge if an Inspector reasonably suspects that they will tend to prove or disprove your involvement in an offence. This has to be by way of a written authorization.

At some stage earlier in the proceedings they may have nicked your clothes to run forensic tests on them or to use them to identify them from CCTV. They are allowed to do this, though the rules of searching still apply. They can take all items they determine as being necessary to their investigation. In return they are supposed to supply an 'adequate' replacement. This can either be tracksuit & pumps or, worse, a paper jumpsuit.

They must return all property that they are not using in evidence against you. Make sure you don't leave without it. You will then be directed to leave the police station. Hopefully your friends will be waiting for you, or have made arrangements for you to be met by someone. Your solicitor may be willing to help you with this.


8. Over night stays & remand
If they think you have been a very bad person who doesn't deserve to go free, or you have refused bail conditions, or simply want to continue questioning you the next day (as when they haven't collected all the statements & evidence they feel they need to interview you properly) they can keep you in overnight. Other reasons for refusing you bail is that they think you will re-offend while out free, maybe break your bail conditions, or that you will not turn up at court to answer the charges. This could be because you are on bail for other offences or have previous convictions.

If they do then you have the right to be fed properly and to 8 hours uninterrupted sleep. Though they will check up on you to ensure that you are still alive. You can ask to be provided with blankets.

If the reason for keeping you in is not for further inquires, you are normally taken to the nearest magistrate's court first thing the next day. You may have to wait all day for your case to come before the magistrates - however, you still have right of access to your solicitor who, if they are on your side, will have been keeping a track of the situation.

 You really do not want an unknown duty solicitor representing you when your freedom is at stake. The magistrates will either decide to release you subject to bail conditions, giving you a date when to return to court, or have you sent to prison to await trial. In the vast majority of cases, it will be the former. If you are remanded, you will be able to re-apply for bail at your next court appearance, which is always 7 days later.

Once free, your solicitor will stay in contact with you regarding the case, help you with Legal Aid and any queries you have.


9. Making complaints
It is not unknown for the police to make arrests simply to justify their presence at a demo, or because they dislike activists and feel like harassing you. If your charges are dropped then you have the right to sue. Even if you do not want to put in the time and energy required for suing, then you still have the right to put in a complaint.

This they hate and if enough people do it then it can have a significant effect. It is important that you take this sort of action, as it discourages police attempts to stifle legitimate protest. See the separate leaflet on how to put in complaints and sue the police.

A Guide to Police Custody for Political Activists (Part 1)

A Guide to Police Custody for Political Activists

1. Introduction

Ooops - you've just been detained by the boys in blue for her majesty's pleasure. Well don't panic; they've not convicted you yet, and here is a few tips on surviving the ordeal.

You may be the most innocent person in the world, but right now in their eyes you are a nasty activist. They have one aim, securing a conviction by gathering as much information from and about you as possible. You need one aim in mind - being released without giving them cause to keep you locked up, or the excuse to lock anyone else up. Here is a guide to dealing with being in police custody. By knowing what to expect, the whole process becomes a lot less scary and intimidating, making the experience easier to handle. You will be better able to make decisions which help your cause, not theirs.

Just because you don't do anything illegal does not mean you will never be arrested. You never know what sort of attitude the police might take, and the fact of attending a demonstration may be all that they need. Yes, they do go out and randomly arrest people. But it is nothing to be scared of, and if you play your cards right there might even be a tidy cheque in it. You would be surprised at how many vehicles have been purchased courtesy of oppressive police tactics. (See www.violenceinanimalrights.org.uk.) This is a guide only; different situations may require different behaviour, but we believe we give the best advice for the majority of arrests that animal rights activists and other campaigners face.

2. Arrest and transport to the police station

Okay, you have been seized by the police and not been de-arrested. Bad luck. Normally you are 'held' by several officers, maybe even handcuffed. It is up to you whether you struggle or not. Evaluate your chances and how well you can leg it. If you are not up to it, don't give them an opportunity to abuse you.

As they hold you, waiting for transport and the orders for which police station to take you to, they will try chatting to you. This will come in a variety of forms, but its purpose is to get you into talking mode and soften you up to give out information. Stay silent. You are under no obligation to speak to them, so don't. Even simple information such as where you came from or the colour of the vehicle you came in can be harmful so don't give it to them. It may not be obvious to you, but since you don't see the full picture it is best not to provide the information they are after.

Often they will try the friendly approach first (it's fun watching for all the cliches), but they normally end up drifting into sarcastic mode. However much they poke fun at you and your beliefs (and they can get very personal), do not respond or allow yourself to be goaded - just don»t give them the satisfaction; it is not as if they actually care about your beliefs. Explaining the law to them will rarely work, as for the most part police are not that fussed on what the law states; they prefer leaving that to the courts.

If arrested by yourself, the best thing to do is ignore them and stare into the distance or at the ground. If you are with other people, have a laugh and a joke but don»t mention names, personal details or discuss what you've just been at. It's fine to discuss the sickening nature of animal abuse and how much of a payout you are going to get when you sue for wrongful arrest.
  
Note what time you have been arrested at when possible, and numbers/descriptions of the various officers who did it. Also, note as many details as possible, keeping an eye on other arrests, especially where police are heavy handed. Watch out for police cameramen hiding behind vehicles, etc. This is a good reason for keeping your head down as much as possible, particularly when there is a large number of arrests, as they need photos for identification. There is no law saying that you have to pose for them at this stage in the proceedings. If they pull your hair to force your face up, scream as loud as possible - they are less likely to use a face full of pain as evidence. Likewise if they are violent in any way, scream; it will alert protestors, press and residents bringing unwelcome attention to the police.

In most cases do not give them your name. That can wait until you reach the police station. However, if you want people to be able to ask after you at the police station and get supplies into you, the best thing is to give your name out to surrounding protestors, including the people you came with (as they might not know if you are going to give a false name instead, blowing your cover).

For most occasions when animal rights activists encounter the police they are not likely to let you go, so keep your mouth shut. If you are suspected of a major crime, giving your details may alert them to who your companions are and thus get them nicked as well.

At some point you should be cautioned for the 'crime'. They may forget, so don't remind them as this may work to your benefit. If you are confident in your legal knowledge and the police are not too zombified it may be worth arguing the toss about the legality of your arrest. Don't expect much though.

Once arrested you will be put in the back of a vehicle and taken to the station. Like everywhere else, do not say or discuss anything in the vehicle, including personal details - you don't know who is listening in. At the station you will be kept waiting, especially if there have been a lot of arrests or it is a busy time. Nevertheless, you can ask for the doors to be opened so you can get some air, and you can also ask to go to the toilet - if they refuse then threaten to piss on the floor; it encourages them to be nicer.

There are cases where they hold you (see other factsheets), and they may promise to let you go if you give your details. They will threaten to arrest you if you don't give details. This is a question of knowing the law, but for the most part, if you are not going to be arrested, it is up to you what you tell them.

2.1 Being Searched

This is a non-trivial point and we refer you to the fact sheets on the law. However, if you are not arrested but being searched, they have to give a reason why they are doing so and tell you what they are looking for. If they are letting you go afterwards, such as when they search people entering a demo, then they have to provide a written record, or the details of the police station where you can request a copy of the search. They also have to give their name and the police station where they are based. You do not have to give them any details about yourself, including name & address, no matter how much they bluster.

This doesn't apply if you have been arrested, when they can search you. If you are being taken to a police station, you will normally not be searched other than a cursory attempt to pat you down for anything dangerous. Instead they will wait until you are at the police station (see below).

Regulations surrounding being searched are:
a) Females can only be searched by a female officer; if otherwise happens, you have grounds for a serious complaint.
b) Only outer layers can be searched in public view; if they want to probe deeper then they must take you to somewhere out of view; this can include the back of a police van.

2.2 Witnessing an Arrest

If you are a witness to an arrest there are several things you can do. The police may let the person go if they feel there are too many people around and to continue arresting may inflame the crowd. It may also stop the police assaulting the person if they know they are being observed.

If that is not the situation, then take as many details as you can, noting the behaviour and the lapel numbers of the police officers (these numbers are very important). Ask the police why they are arresting and what police station the person is to be taken to. Ask the person if they want to give their name but don»t push the issue. Whenever possible take as much video/camera evidence as possible, including faces of the police so they can be identified later in case of suing for assault. Let friends of the arrested person know where they have been taken to and give them you details in case you are needed to act as a witness on their behalf.

3. The custody desk

INITIAL PROCESSING
Once in the police station itself, you are lead by yourself to the custody desk. This is the centre of operations as far as you are concerned. It is where the custody sergeant resides; they are the police officer with responsibility for you while you are their guest. This also means that he is the person who makes the decision to release you.

Here, you will be formally arrested and processed. The processing involves them asking you a lot of questions about you and your physical appearance. What you are required to give is a name and address. You do not have to give your date of birth. It is up to you to tell the truth or not (but see below under 'Giving false details'). All other questions you can refuse to answer - which you should do. The date of birth is requested so the can distinguish between people if there are two 'criminals' of the same name, so watch out for it popping up repeatedly during your stay in custody. The address is so they know where to find you. The rest is information gathering you are not obliged to help with.
In fact, you don't even have to give them your name and address, and they will still have to let you go eventually if they don't charge you. Beware that this can also be used against you to keep you in longer on the grounds that they need to confirm your identification, especially if they are planning to charge you. This is up to you, but think it through.

It is worth playing the custody sergeant carefully. Be polite and co-operative, so avoiding them becoming irritated, but don't give into their demands to answer all their questions. They may try and bully or scare you into doing this; the best thing is to state outright that you are giving them your name and address, but that you are not answering other questions as you are not obliged to. They will bluster, but if you hold your ground there is nothing they can actually do other than write down descriptions they take themselves. Watch out for them asking questions in an odd order, which can trip you up.

A tricky point here is when they take your height. It is not unusual for them to force you to stand against a stick on a wall in order them to do this. They are not allowed to do this, but it may not be worth contesting too much if it is going to really upset the custody sergeant. And you can always stand badly, skewing their reading, eg by spreading legs or raising heels.

You will be asked to sign some forms and indicate that you have understood certain questions; for the most part there is nothing really gained from refusing to do this. Likewise, you will be asked questions about being on medication, self-harm & drugs; again there is little harm in answering these. If you are vegan or such, now is the time to point out things like allergies and food intolerances (they are more likely to pay attention to medical requirements for food than ethical ones, but don't count on it).
As when you were first arrested, the police will try and drag you into conversation. Be polite or silent, but resist. They are still not your friends and you should take heed to their standard warning that everything you say will be noted and taken down - and as the warning goes, they will take note of everything straight out and will use it as evidence. Even if they do not use it against you, they may use it against someone else. The conversation, if played right, may serve to chill them out as well, and may cause them to mark you down as being mostly harmless (ego aside, this is good).

Don't give them any information about what you were doing or about yourself. Stick to this pattern and your time in custody will be easier, especially when it comes to handling the interview. Should you find yourself dragged into a conversation, for example about football, (questions about your favourite team often get followed up with "Oh, you come from there then" in an effort to provoke such details about you), parents (a crude scare tactic) or ethics (which then becomes, "oh, where you at such and such a demo"), you need to be able to come back with an appropriate response.
If you suddenly clam up in the middle of a conversation they know they've hit a sore spot and use it against you, or that they've hit an element of truth. The best responses are ambiguous, such as "well you're the coppers - that up to you to find out", or turn it back on them by referring to a copper well known for taking a very keen interest in a particular campaign (eg, "You'll have to ask Inspector Pettit for such classified information") as often these keen policemen are well disliked by the rank and file police doing the leg work. If you are not able to fend off questions, shrug your shoulders and stay quiet.

If arrested while involved in a liberation or very serious action where a number of people have taken part, it is sensible to not give your details either when arrested or at the custody desk for at least 12 hours. Once they know who you are, police intelligence may be able to identify who your companions were. Delaying this allows your companions to get out of the area and alibis set up. Unfortunately for you, you will be denied pretty much all your rights, and will be held for considerably longer; but it is preferable in the long run.


PROPERTY CONFISCATION
Next they will remove all the property from your pockets, and search them. You have no choice here, though they may let you retain some items, including any books you have brought. Some of it may be taken away as evidence, but most is itemized on a form and put in a plastic bag, then sealed with a tag. They should count out any money in front of you.

You will be asked to sign the form listing your property. Some people prefer not signing this, especially if there has been stuff found on them that they are not keen to be associated with. It is up to you; in most cases it is not an issue so you can sign. An advantage to signing, is that before you fill in the signature at the bottom, you can sign your name directly under the list of items; though it might annoy the police, it stops them adding anything incriminating to the list afterwards when you are not there. Some police forces sensitive to dodgy police now provide stamps to go at the end of the list with a place for your signature. Remember to read the list and cross out anything they've wrongly inserted. If you refuse to sign, they will make a note of the fact.


YOUR RIGHTS


    Finally, you will be told of your rights and be asked to sign to say that you have understood them. There are four basic rights you have while in custody and you should use them all.

I. PACE

  You are entitled to a copy of a booklet called PACE (the Police And Criminal Evidence Act). Every police station must have copies and by law provide it on request at any time. We recommend requesting it straight away. This indicates that you are relatively clued up so they are less likely to attempt pulling a fast one on you. It will help you sleep, and it is a good opportunity to catch up on your rights.

II. Solicitor
   

III. Right to have someone informed
You are entitled to have someone informed of your arrest at any point during your stay in custody. This is normally, but not necessarily, in the form of a phone call. This right is so you can notify someone that you have been arrested. It is completely separate from any conversations you have on the telephone with your solicitors. You are allowed to make this notification by law, which you can take at any time while you are in custody, unless you have been arrested for a serious arrestable offence. Any more phone calls are at the discretion of the custody sergeant, though it is probably best to arrange it through your solicitor. As they will have confiscated your money by this stage, the call is at police expense.

This phone call is not private. The situation will depend on the police station, but you can pretty much assume that they will be listening to it. In many cases, the telephone you will be given to use will be on the custody desk itself. All warnings given so far still apply. It is worth trying to insist on having a private conversation under the respect for private correspondence section of the Human Rights Act, but it is best to assume that they are listening anyway.
You may also want to consider whom you ring, depending on the circumstances of your arrest. Ringing someone who has just legged it from the area, or a campaign number will tip the police of to the fact that they are involved in someway and you could cause someone else's arrest. The best thing, if in doubt, is to ring some one out of the area, preferably on a landline, or a prisoner support organisation.

If you stand a chance of being raided then ring someone you can trust to go to your address so the police do not cause damage or take things they shouldn't. This is especially the case if you have animals. If you are involved in a serious action, have this arranged before hand. You can only have your house raided if you've been nicked for an "arrestable offence".


IV. Pen & Paper

   You have the right to writing materials. This is useful to keep yourself from getting too bored & demoralised. It is a good time to catch up on all those letters you've been planning to write or to make notes from PACE relevant to your situation. Again, all the caveats about being careful apply. Don't put on names and addresses, and certainly don't write your statement. Police don't normally look at what you've been writing, but there is nothing to stop them from doing so. There are ways of smuggling sensitive papers out of a police station. Sometimes the police will refuse to give them to you, but your solicitor should be able to argue your case to get them to you.

3.1 Giving false details ...

In the past, people have been known to get away giving false details, particularly if the name didn't turn up on the Police National Computer [PNC - a national database of convicted people]. Note, changing small details such as spelling will not work with the PNC once someone is on it. An issue with giving false details is remembering to be consistent; if the police become suspicious then they may demand proof of habitation at the address given.

One way used to get around this is was having a pre-arranged address, where if they did call around, the inhabitants confirmed it was the prisoner's home under the assumed name. Later the residents would say that the person moved on, or never lived there at all. However, they may be hit with liability for perverting the course of justice or wilful obstruction; and also a police search depending on what the person has been arrested for.

Given the quality of police evidence it is advised that you do not give false details as the consequences can be much more serious than the offense arrested for. The choice is up to you, but it is not a decision to be taken lightly.

What to Do if the Police threaten to Seize your camera phone.

What to Do if the Police threaten to Seize your camera phone.


The police are always keen to manipulate the law to their own ends. Abusing their powers of arrest and detention simply to punish people for not sucking up to them in a manner to which they are accustomed.

As a result they often create more crime then they actually ‘solve’. The fact that they can cause a major disruption to the lives of the law abiding means nothing to some spiteful cop who believes that his power has been somehow diminished when he makes an unlawful demand that goes unheeded.

Such as the request to stop filming them in a public place. A request which nobody should comply with because you have EVERY right to record the police without their permission, or having to give a reason why.

And remember, it is usually the ones that ASK you to stop filming that have the most to hide. It is these police officers that you should be recording to ensure that you are fully protected against.

Lately however, we have noticed a new police retort to those that refuse to switch off their mobile phones. And that is, the police officer making threats to seize the camera for ‘evidential purposes’.

 

Don’t ever be fooled by this bluster.

Any officer stupid enough to seize a camera after he has made demands to stop filming him would land themselves in serious hot water. Because the very fact that he asked you to switch it off, and then threatened to seize the camera by way of intimidation, would prove that the seizure was made purely out of spite. And would leave you open to bring a compensation claim against the police for malicious seizure.

The police do have certain powers to seize items without a warrant if the item has a necessary evidential purpose. But the test of this, is that the seizure must be FULLY JUSTIFIED.

Some bully boy cop seizing a camera phone because it’s owner wouldn’t stop filming him is NOT a fully justified reason. And absolutely no smoke and mirrors interpretation of the Police and Criminal Evidence Act will change this.

The police love to recite legislation directly from the page – by way of threat – as if it’s meaning is definitive. But because cops are mostly so dumb, all the legislation has to be specially interpreted for them and handed down as policies and procedures, so they won’t be so foolhardy as to attempt to understand the meaning of the legislation themselves.

 

In built within all these policies and procedures are the results of appellant cases that have tested and redefined the existing legislation.
For instance, here’s the police’s own policies and procedures regarding the seizure of personal items:-

The retention of all items of property taken into police possession must be for no longer than necessary and must be fully justified. Officers should be reminded that the Human Rights Act 1998 requires that no one shall be deprived of their possessions except in the public interest and subject to the conditions provided by law.

If you ever record a cop dumb enough to make an unlawful threat of seizure because you won’t stop filming them, politely remind them that such a seizure will be regarded as malicious and an abuse of process, and that you will seek compensation as a result. As well as bring misconduct charges against the officer concerned.

Then you can continue recording the cops unabated. Especially knowing that you now have a corrupt police officer standing right in front of you, who has already displayed his willingness to abuse his authority at your expense.
 

FOR YOUR OWN PROTECTION,

ALWAYS RECORD THE POLICE.