Posted: 6th December 2021
Dear Friends & Family (& others)—
My recent cry that I could not see a future for myself outside prison may have seemed alarmist, even hysterical. However even the middle-of-the-road (God, not literally, I hope!) i newspaper seems to share that dismal view:
Also:
Revealed: the amendments to the policing bill that will chill you to the bone – The Canary
5 ways the Government’s Policing Bill just went from bad to worse – Liberty (libertyhumanrights.org.uk) See para.4 re threats to independent Legal Observers—as a trained LO I regularly attend protests in this capacity. It’s why I’ll be attending the Westminster Kill The Bill protest on Wednesday evening—if I’m allowed to get that far! (Another recent commentator has noted how “the growing web of surveillance threatens to chill associational freedoms, political expression and expectations of privacy by eroding public anonymity…”)
The government has now given specific details about these new orders: if you are convicted of two “protest-related offences” in five years, the courts can apply for a Serious Disruption Prevention Order.
They are designed to stop someone from committing any further “protest-related offences” or breaching an injunction as part of a protest, helping anyone else to do so, and to prevent you from “carrying out activities related to a protest that results in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales”.
However, under these alarmingly draconian new Orders, you do not have to have been found guilty of any “protest-related offences” – the courts can place you under an Order if they reasonably believe that on two or more occasions in a five year period, you have “carried out activities related to a protest that resulted in, or were likely to result in, serious disruption to two or more individuals, or to an organisation” or helped someone else to do so. (Remember that the legislation allows Home Secretaries to define and re-define ad hoc, what amounts to “serious disruption”).
Anyone who has organised with a direct action group or participated in a large-scale protest could be at risk. Modelled on the draconian Knife Crime Prevention Orders that systematically criminalise Black youth, Serious Disruption Prevention Orders can:
Anyone given an Order would face regular reporting to the police to make it easier for them to keep track of your address and movements.
Serious Disruption Prevention Orders could vary in length from a week to up to two years, although the police and courts can renew them indefinitely. If you’re found to be in breach of any part of the order you could face a prison sentence of up to 51 weeks.
If you are placed under an Order, it is also a criminal offence if you fail to notify the police of any changes to your address or personal information, or if you give incorrect information to the police.
The effect of these Orders, if introduced, could be to ban political organisers from attending, organising, or promoting protests seen as “disruptive to two or more individuals or to an organisation” for two years or more, even if they have never been convicted of a crime.
However, the state may decide you are guilty of a crime if you break the rules of the Order in any way – or even fail to notify the police that you’re staying somewhere else.
My final thought:
For protestors, it becomes ever more important to stop the police getting hold of your personal details—name, face (e.g. through social media or FRT), your relationships, interests and beliefs—to build a picture of your life. Many in protest movements seem quite casual about this at present, or even insist on being completely “open” about their identities. Sadly, that now seems inadvisable to say the least.
Chris Coppock