No Fragments Archive 10: Diskmags/nf_archive_10.iso/MAGS/BOS/BOSMAG1A.MSA/BOS_CRIMJUST

Text File | 1995-09-08 | 21KB | 597 lines

The Criminal Justice Bill - A Guide

The following provisions come into force as soon as the
bill is passed (probably about the end of July, although
there is some chance that it may be delayed until
October).

A. People living in vehicles

Clause 56
This re-enacts with modifications, the provisions of
section 39 of the Public Order Act 1986.  People who
trespass with vehicles or damage property or use threats
or violence may be required to leave by police and
arrested if they fail to comply.  The significant changes
are:

a) The number of vehicles is reduced from 12 to 6.

b) The section is no longer restricted to persons who
'entered as trespassers', so people who had permission to
be on the land which is subsequently withdrawn (after
however long a lapse of time) may be arrested or removed
under this provision.

c) The reference to damage is extended to include 'damage
to the land'.  It has been held by the courts that
walking across a field constitutes damage.  It is clearly
impossible to reside on land without causing damage to it
in this sense.  The definition of damage includes, for
example urination.

d) In relation to common land, a request to leave made by
the local authority will enable the police to act even if
no such request is made by the owner.

e) The section is now to apply to un-surfaced highways.

f) The definition of 'vehicle' is extended to include any
structure adapted from a vehicle, and anything carried on
a vehicle.

The Clause is not restricted in its application to
travellers.  Practice under s.39 Public Order Act 1986
has been to regard the requirement of 'residing' as
satisfied as soon as the vehicle comes to a stop (and in
one case even before this), although this interpretation
could be challenged.

Two people sleeping in a field, whether on a vehicle, in
a tent, or without either, would be subject to this
section.  So would the residents of any caravan site, if
the occupants of at least six vehicles were ordered to
leave by the owner.

See below under Section D for seizure of vehicles.

PENALTY: 3 months and fine.


Clause 72

A local authority may also give a direction to leave land
(the same power as now possessed by 'designated' local
authorities under the Caravan Sites Act 1968).  The main
differences are that this power:

a) extends to surfaced highways, which the police power
does not.

b) does not require that those concerned be trespassers.

c) does not require any request by the owner to leave;
the absence of positive consent from the owner, or the
fact that the land is 'unoccupied' is sufficient.

d) does not require that they have behaved in any
particular way other than to be 'for the time being
residing in a vehicle'.

e) While an offence is committed by a person refusing to
leave under either provisions, this clause does not
provide a power of arrest.

f) The general defence of 'reasonable cause' for a
failure to leave, provided under Clause 56, is restricted
here to 'illness, mechanical breakdown or other immediate
emergency.'  It may be important to note that neither
pregnancy or childbirth is an illness.

The Clause is not restricted in its application to
travellers.  Practice under s.39 of the Public Order Act
1986 has been to regard the requirement of 'residing' as
satisfied ass soon as the vehicle comes to a stop.  The
only case in which this Clause could not be used would be
where the landowner has given explicit consent, in which
case he or she will have committed an offence under the
Caravan Sites Act 1960, relating to unlicensed caravan
sites.

PENALTY: fine.


Clause 73

If a direction under Clause 72 is not complied with 'as
soon as practicable', a Magistrates Court may make an
order allowing the authority to remove vehicles and
property from the land.  There is an offence of
obstructing anyone carrying out such an order.  No
prevision is made as to impoundment of vehicles so
removed, unlike those seized under Clause 57 (see Section
D); there is no indication of what is intended to be done
with such vehicles.

PENALTY: fine.


Clause 74

Notices giving directions under Clause 72 may be served
by affixing them to vehicles.  No period of notice is
required, so a direction under Clause 72 becomes
affective immediately it is so served, whether there is
anyone in the vehicle or not.


Clause 75

The local authority duty to provide traveller sites is
abolished, and replaced with a power to do so.
(Government grants for this purpose have already ceased
to be paid.)  See also note under Section E below.


The combined effect of Clauses 56 and 72

These Clauses taken together will ensure that evictions
will take place whenever either the police or the local
authority wish, with either being able to take action in
disregard to the other, whereas at present there
effectively has to be agreement between the two.

Since Clause 72 creates a criminal offence it is likely
to be seen as implying a police duty to intervene in
support of a council order whether they wish to do so or
not.  Conversely, one effect of Clause 75 is that police
will no longer have to consult the local authority before
taking action under Clause 56.



B. Gatherings with music

Clause 58

Although expressed to be against 'raves', this term is
found only in the head note and not in the text of the
bill.  Nothing confines this provision to any particular
kind of event.  No distinction is made between events
held with the landowner's permission and those without
it, nor between private parties and events open to the
public.
The only requirements are:

a) amplified music (defined as 'sounds wholly or
predominantly characterised by the emission of a
succession of repetitive beats').

b) it must occur during the night (the term 'night' is
not defined).

c) the likelihood (not actuality) of 'serious distress to
the inhabitants of the locality'.

d) the presence of at least 100 people.

e) on land that is at least 'partly open to the air'.

None of these requirements need ever be satisfied in
fact.  All that is required is for a police
superintendent to believe that an event is about to
happen at which they will be satisfied.  He or she may
then require all those present to leave (irrespective of
the views of the owner of the land); if they fail to do
so, they will commit an offence for which they can be
arrested without warrant and imprisoned for up to three
months.  This includes private parties on private land.

PENALTY: 3 months and fine.


Clause 60

This confers a power to stop and turn back anyone within
five miles of a place to which Clause 58 applies.  Anyone
failing to comply would commit an offence of obstructing
police.  A government amendment would create a new
offence and provide a power of arrest.

See under Section D below for seizure of vehicles and
sound equipment.

PENALTY: fine.


Existing Law

Until these Clauses come into force, the police have no
power to take any action as a result of noise.  The local
authority may do so, but only after a Abatement Notice
has been served on the organisers and not complied with.

Clause 58 contains an exemption for events covered by an
entertainment licence.  Such licences are granted by
district councils under the Local Government
(Miscellaneous Provisions) Act 1982.  An appeal can be
made to the courts against refusal.  Such a licence is
only required for an event that is open to the public;
however an unlicensed event - even one that does not
require a licence - will have no protection against
police action under clauses 58 and 60.

It becomes common for local authorities to charge a non-
returnable fee of several thousand pounds before they
will consider a licence application for an outdoor event.
The police may also seek a substantial payment towards
their own costs as a condition for not opposing an
application.  The reasonableness of such demands is open
to review by the courts; the police have no power to make
a charge for their services except on private land.
However, there is often insufficient time for a hearing
before the proposed date of the event.


C. Gatherings with or without music


Clause 65

This section supplements the provisions of the Public
Order Act 1986 relating to public processions and
assemblies by giving district councils, on the
application of the Chief Constable and the consent of the
Home Secretary, a power to prohibit assemblies.

The existing power, which relates only to processions,
has been used for this purpose for several years at
Stonehenge, but is clearly open to challenge.  The new
power will apply to all gatherings of more than 20 people
on a highway or on any land without the owner's
permission.  Such an order may cover an area of up to 78
square miles.

It will be an offence to take part in such a gathering,
for which arrest without warrant is allowed.  Anyone
inciting another to take part may be imprisoned.

PENALTY: Organising or inciting - 3 months, taking part -
fine.


Clause 66

This confers a power to stop and turn back anyone within
five miles of a place subject to Clause 65.  Anyone
failing to comply would therefore commit an offence of
obstructing police.  A government amendment would create
a new offence and provide a power of arrest.

Although these Clauses are clearly aimed at solstice
gatherings at Stonehenge, the provisions are extremely
wide.  Any kind of demonstration, picket, etc. may be
caught by them.  In effect, no gathering of no more than
20 people ma take place anywhere if the police choose to
object, unless some landowner has consented to his or her
land being used for this purpose (in which case the
landowner may incur legal liability for the actions of
those who gather).

The reference to the district council and Home Secretary
are more fig leaves.  Such powers have existed for more
than 50 years in relation to processions, and no
application from a Chief Constable has ever been refused.
What these provisions do achieve is bar effective review
by the courts.

These Clauses are probably in breach of Article 11 of the
European Convention on Human Rights (freedom of
assembly).

PENALTY: fine.


Clause 63

This Clause, which has been explained as directed against
saboteurs, creates an offence where any trespasser in the
open air attempts to obstruct or disrupt any activity
taking place in the open air.  The trespass and the
activity do not need to be on the same land.  This
applies even where the activity concerned is illegal in
the sense that there would be a right to use the civil
law to put a stop to it, for example, dumping toxic
waste.  Anyone on private land will be a trespasser
unless the landowner has consented to his or her land
being used for this purpose (in which case the landowner
may incur legal liability for the actions of those
involved.)  The Clause extends to actions taking place on
highways, provided they are not surfaced roads.

This Clause has the effect of rendering illegal all forms
of demonstration, which take place within sight or
hearing of any person whose activities the demonstrators
are attempting to challenge.  The only exception will be
a totally silent and passive vigil by a few people
(numbers can constitute 'intimidation').  To ask, even
peacefully and politely, that some activity be
discontinued will probably be regarded as illegal in
itself, at least of done more than once.

PENALTY: 3 months and fine.


Existing Law

The law relating to 'breach of the peace' continues
unchanged, enabling the police to arrest all those
involved, whether suspected of an offence or not, in
situations where there is a reasonable fear that violence
may occur.  The police may take any action which is
necessary to prevent a breach of the peace.  Anyone who
makes it 'more difficult' for them to do so commits the
offence of obstructing them in the execution of their
duty.  The courts traditionally give the police very
great latitude under these provisions.



The Following provisions will not come into force
immediately, but only once the necessary regulations have
been made, which may take some time.



D. Seizure of vehicles and sound equipment


Clauses 57 and 59

The power to seize and remove vehicles applies when a
direction has been given under Clause 56 (see Section A
above) or Clause 58 (see Section B above), but only when
the person in charge of it has 'failed to remove' it from
the land to which the direction applies.

There is no new power to seize vehicles on the road.  The
section may be used whether or not the vehicle owner has
been arrested, and even where the owner is not present.
There is no power to seize property other than vehicles,
but anything carried on the vehicle is included.
Vehicles seized under this provision are subject to
?Clause 62.


Clause 59

When a direction has been given under Clause 58 (see
Section B above), the police have power to enter land and
seize sound equipment as well as vehicles (whether in use
or not, and whether belonging to the organisers of the
event or not), but not if belonging to the occupier.
This applies only when a direction has been given under
Clause 58 and only on the land covered by the direction.


Clause 61

Sound equipment seized under Clause 59 may be forfeited
by order of a court after conviction of any person in
whose possession it was; its owner will not be able to
recover it without proving that he or she had 'no reason
to suspect' that it would be used at the gathering.  Even
if no one is charged it may be retained (under Clause 62)
until a 'decision not to prosecute' is taken (which may
well take months).


Clause 62

Seized vehicles may be retained until all charges made
for their impoundment and retention have been paid.
Since it is suggested that the total cost of operating
the pounds (estimated at ú500,00) will be raised from
these charges, they will clearly be such as to prevent
most such vehicles being recovered.  There will then be a
provision for their destruction, for which the owner will
be liable to pay a further charge.  Since there are only
to be five pounds in the country, owners wishing to
recover vehicles may have to travel considerable
distances at their own expense.

This Clause, insofar as it applies to living vehicles, is
probably in breach of Article 8 (right to privacy) and
Article 14 (right to family life) of the European
Convention on Human Rights, and in all cases in breach of
Article 1 of the first Protocol (right to property).



E. Squatters


Clauses 67 to 69

It will become legal for any person to 'use or threaten
violence for the purpose of securing entry' to premises
if they have a signed statement from the owner (or from
both the landlord and a person granted tenancy)
witnessed by a solicitor saying that the premises have
been squatted and that the owner or tenant or prospective
tenant intends to live there.  It will be a criminal
offence to fail to leave the premises immediately when
required to do so by such a person.  This means that the
owner has the option of using a private security firm to
evict squatters or having them arrested by the police for
refusing to leave, or both.

The offence of refusing to leave carries a penalty of
imprisonment; a power of arrest is provided.  It will
also be an offence to make a false statement, but not to
make use of one, even one known to be false.

PENALTY: 6 months and fine.


Clause 71

This entitles the owner of squatted property to apply for
an 'interim possession order'.  The procedure will be
defined by rules of court not yet made, but it is
envisaged that the application will be without notice to
the squatters.  A criminal offence will be committed by
anyone failing to leave the premises within 24 hours of
service of such an order.  The offence carries a penalty
of imprisonment; a power of arrest is provided.  This
provision may also be used against Travellers in some
cases, since it extends to ;land ancillary to a
building'.  The building does not need to be occupied.

PENALTY: 6 months and fine.


Clause 70

It will be a criminal offence to make a false statement
to obtain an interim possession order, but this will not
prevent the squatters from being evicted, nor will it
give them any remedy even if the landowner is convicted.

All of these provisions apply irrespective of how long
the squatters have lived on the premises, what the
circumstances were under which they entered, or whether
they would have any defence to an action for possession.
They may therefore be used against people who have a good
legal claim to be tenants or licensees, or to have
acquired a valid claim to ownership of the premises by
prescription (which requires occupation for 12 years).

PENALTY: 2 years and fine.



F. Stop and Search


Clause 55

A police inspector who thinks that; 'incidents of serious
violence may take place in any locality' can authorise
all police officers in that locality to stop an search
all vehicles an pedestrians in it without giving, or
having, any specific reason or justification in doing so.
This power may be used anywhere, at any time; the
authorisation lasts for 24 hours and may be extended.

Formally these searches are to be for offensive weapons.
However, anything found may be produced in evidence for
any offence.  Anti-terrorist searches, like all street
searches, in fact lead to more prosecutions for drug
offences than anything else.



NOTE: This summary deals with Part V and Clause 55 of the
Bill only.  The Bill also contains provisions for setting
up a new system of prisons for 12 to 14 year old's,
extending powers to impose custodial penalties on
children, restricting the right to bail, abolishing the
right of silence, increasing police powers to take bodily
samples without consent, extending anti-terrorist
provisions, extending the law on obscenity and
pornography, allowing the privatisation of prisons,
reducing the homosexual age  of consent to 18, and
increasing the maximum fine for possession of cannabis
from ú500 to ú2,500.



Groups actively opposing the bill


*Freedom Network*
Green Office,
The Old Dolehouse,
372 Coldharbour Lane,
Brixton,
SW9
Tel: [phone]
Fax: [phone]
* Uniting opposition to the Criminal Justice Bill.


*Liberty*
21 Tabard Street,
London,
SE1
Tel: [phone]
Fax: [phone]
* Formerly the Nation Council fir Civil Liberties,
campaigns on a wide range of civil rights issues.
Supplies briefings on each section of the bill.


*Advance Party*
P.O. Box 3290,
London,
NW3 3UJ
Tel: [phone]
* Representing the rights of ravers and festival goers,
Advance Party was set up recently to monitor incidents
between party-goers and the police, and defend the right
to party by opposing the bill.


*Friends & Families & Travellers Support Group*
33 Bryanston Street,
Blandford Farm,
Dorset,
DT11 7BS
Tel: [phone]
* Also set up recently to campaign against the parts of
the bill, which will a) repeal the legal obligation of
councils to provide legal traveller sites and b)
criminalise traveller lifestyle.  Has just begun
monitoring travellers harassment and evictions.


*SQUASH (Squatters Action for Secure Homes)*
2 St Pauls Road,
Islington,
N1
Tel: [phone]
* Represents the rights of squatters and vulnerable
tenants.  Has been working hard since last year with
parliamentary lobbying of both MP's and peers.


*Forgive Us Our Trespasses*
16 Sholebrook Avenue,
Chapeltown,
Leeds,
LS7 EHB
Tel: [phone]
Fax: [phone]
* A broad ranging group of Earth First!ers, peaceful
protesters and those concerned with the implications of
criminalising a previously civil offence, trespass.  Are
co-ordinating a national register of anti-CJB actions and
numbering each one.


*Road Alert*
P.O. Box 371,
Southampton,
Hants,
SO9 7BS
Tel:/Fax: [phone]
* Based in Southampton, this group serves as a central
networking point for anti-roads protesters and offers
advice and training on taking non-violent direct action.