Legal Stuff

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ACTION AGAINST THE POLICE

If you have been :

Detained ,

Arrested,

Injured,

Or had property damaged/confiscated

Then you may be able to take action against the Police

This could include:

1.	A prosecution against them

2.	A civil action against them (ie suing them)

3.	A complaint which will be investigated independently (ask legal support for a leaflet or see www.scotland.gov.uk )

If the incident took place in Scotland, then you must take action in the Scottish Courts and only Scottish Solicitors will be able to represent you. You will need to see a Solicitor who specialises in Civil actions who will be able to advise you about how strong you case is and what you need to do. You can: Contact Beltrami Berlow Solicitors on 0131 554 0999 or 0141 554 0999 www.beltramiberlow.co.uk who are acting as criminal lawyers for G8 legal support and other groups on the days of protest  and can give further advice if needed. If you have been arrested and they are not acting for you, you could either talk to your Criminal Solicitor who can refer you on to a specialist Civil Solicitor or you can contact Beltrami Bertram as above

or you can contact the Scottish Human Rights Centre: www.scottishhumanrightscentre.org.uk   or phone   01413325960 they are Based in Glasgow. They do not take on cases but can refer you on.

You will need to gather evidence. The first few seconds are crucial, they may be very chaotic and stressful, which is why it is useful to be prepared  before hand. Evidence gathering for both criminal and civil proceedings must begin immediately

•	Get contact details of witness(es)

•	Contact the Legal Support Office who may have statements made by witnesses who have witnessed the incident and other relevant information

•	Photographs and videos are vital not only of the victim but anything else taken that day which may provide a context

•	Individual police numbers if possible (if they are not wearing them jot down descriptions and rank),

•	names of the ambulance crews and other emergency services where relevant

•	“impartial witnesses” are crucial as fellow activist statements may be ignored.

•	car number plates

•	Find out the time, maybe get a photo with a watch or clock in if possible.

•	Put out an immediate call for witnesses and photos, encourage people to write witness statements ASAP

You CAN sue individual police officers or employees if it is not possible to sue the police force or corporation depending on the circumstances, for example you were beaten up by an off duty security guard, then do seek legal advice as you may be able to sue them as a private indivual.

The Criminal Injuries Compensation Authority may compensate activists who are the victims of crime so it is an avenue worth pursuing.

Court cases can be very costly. You will need to apply for legal aid. The police/security etc may well offer an out of court settlement if there is a good case so there may be no need to go Court. If there is no settlement concerning liability there will be a trial in the civil court and a jury will decide. If there is no agreement concerning the amount a judge will decide. If you win you will then be paid compensation for your injury, loss of earnings, etc. This will vary depending on the seriousness of the incident and the damage suffered.

Legal Support Office No Web site:

FOR ENGLAND AND WALES CHECK:



=MULLEN SOLICITORS= TO BE CONFIRMED Legal phone number (as per minutes)

07913779976 (to be rechecked)

LAWYERS AT CHESTERFIELD
(Getting closer)CHECK PHONE NUMBER

For those arrested, strongly recommend that people use the solicitor Kevin Tomlinston of KieranClarke & Co who are based down the road in Chesterfield as he is very experienced in dealing with public order issues and protests.

Ciao

Freedom To Protest mail e-mail: freedomtoprotest@doond.com

LAWYERS AT LONDON
Below is a list of lawyers who deal with immigration issues from CAMPACC.

Mark Muller, head of 10-11 Grays Inn Chambers

(there are at least 8 very good people working in his chambers)

Best to contact him (important) via the manager of the Chambers Jacki Muirhead She will make sure the message reaches him or others etc. Jacki Muirhead  Tel 020 7405 2576 Mark Muller mobile: 07949 032466

Gareth Peirce (Birnberg and Peirce Solicitors) Well I am sure you know her, again she has several very good people working with her Contact Gareth via Patti here assistant or ring Gareth on mobile Patti Kemp  Tel 020 7911.0166 Gareth Mobile 07774 885 130

Hugo Charlton, barrister Hugo Charlton  Mobile: 07990 580 600

Louise Christian Christian Fischer & Co louise@christiankhan.co.uk Tel 020 7831 1750

Frances Webber francesw@2gardenct.law.co.uk Tel office 020 7353 1633 Home 020 7 267 1536

Hope this is useful. Let me know if I can help in any other way.

Keep me informed please.

Sorry again for the delay.

Best wishes, Estella For CAMPACC Tel 020 7586 5892 _______________________________________________ G8arrestsupport mailing list G8arrestsupport@lists.aktivix.org 

Please check 

REMEMBER: '' The right to protest is also enshrined in law: Article 10 (Freedom of Expression) and Article 11 (Freedom of Assembly and Association) of the European Convention on Human Rights are also part of UK domestic law. In practice, the way in which the police respond depends on the effectiveness of the protests and the numbers involved.''

BECOME AN IMPARTIAL WITNESS OR LEGAL OBSERVER:

“impartial witnesses” are crucial as fellow activist statements may be ignored. 

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This is an updated recent document by Activist Trauma

 * Agenda for Trauma training* available from their mailing list.

Check also their website at

Logistics of dealing with violence from the police Police and other violence is actually quite rare (in the UK now), and we must not overly frighten ourselves by repeating and focusing on the worse cases. However it obviously does happen and therefore we need to prepare for it. If we can deal with it well it can be empowering for ourselves and the people around us. However if somebody is isolated and unsupported they may never feel safe enough to do actions again. Furthermore people around them will see that so they may be less inclined put themselves in risky situations. Which is obviously what the authorities want in the first place. We deal with the legal and logistical support when the police or an opponent attacks with five long term aims:  helping to minimalise the trauma criminal prosecution civil proceedings using the incident if possible to further the cause to deter further attacks. </ul> You might also need to consider first aid courses, we are not considering the medical aspects in this briefing. If you are going overseas on actions get medical insurance or EU health card (formally an E111), or you or the campaign may charged a LOT of money. Post Traumatic Stress Disorder (PTSD) is also a major consideration after violent incidents, see www.activist-trauma.net. If you have specific medical needs then wear a bracelet. On the scene The first few seconds are crucial, they may be very chaotic and stressful, which is why it is useful to prepare before hand. Evidence gathering for both criminal and civil proceedings must begin immediately. <ul> Get contact details of witness of the assault and the follow-up action. </li> Photographs and videos are vital not only of the victim but anything taken that day.</li> police numbers as possible (if they are not wearing them jot down descriptions and rank), </li> names of the ambulance crews and other emergency services.</li> “impartial witnesses” are crucial as fellow activist statements may be ignored. </li> car number plates</li> Find out the time, maybe get a photo with a watch or clock in if possible.</li> Contact any campaign relevant to the action/demonstration.</li> Put out an immediate call for witnesses and photos, encourage people to write witness statements ASAP</li> </ul> Someone, who preferably knows the victim and/or is a person who has given first aid, must if possible accompany them in the ambulance. If this is not possible then follow the ambulance or find out which hospital they are going to. If outside the UK is important to understand the local situation, as sometimes going to hospital will simply enable the police to find you later. The police may stay with the victim, they may even arrest them, or they may stay well back. They will may try to charge them with a serious offence so their house may be raided, someone should go to his home if possible. Some tips for immediate action at the hospital Go to reception talk to the ward clerk so s/he can record details, any allergies, contact next of kin ,that their patient may need a vegan diet (mention avoidance of animal based medication if this is appropriate) and how the injury was sustained. All health professionals have a duty of confidentiality but some can have close relationship with the police. Do not be offended if they do not give you much information as they can not unless you are very close to the patient (next of kin) and have to help make a clinical decision on behalf of your loved one. Do say that this was an assault and that legal proceedings might follow. Every Accident and Emergency department has a Polaroid camera, do ask them to take photographs of the victim as evidence. If they are too busy take some yourself. Maybe with a disposable camera if necessary. Polaroid pictures can fade over the years so a roll of conventional film may be a good idea anyway. Do your utmost to stop any police attempt to question the victim. Be prepared to complain and make staff aware that their patient was the one who has been attacked. They have to respect confidentiality (breach of confidentiality is a sack able offence) The police may try and trick doctors and nurses and glance a sly look and notes which may have been put to one side in a busy unit. Call a trusted lawyer list ASAP and tell them everything. Also contact a lawyer who specialises in suing the police and other large institutions at the first opportunity e.g. Irwin Mitchell. If at all possible ascertain what the victim wants and put them first. Be supportive of any next of kin and always be sensitive to the fact that they may not be very sympathetic to activists or may not even know that their loved one is an activist. It is not unknown for people to be very angry and aggressive blaming other activists especially if the victim is young. Give them space, do not judge and offer to help. In general Report the incident formally to the police if advised to do so by your lawyer. Any evidence including notes, pictures or video footage must be taken to various safe houses. In one case of a serious assault EVERY person present had their homes raided the night of the assault and most of the evidence was destroyed. Whilst in hospital Organise visiting so that the patient is not swamped or conversely left alone and respect visiting times and other limitations which exist to prevent infection, disturbance and overcrowding. Do encourage cards, good food, financial help, toilettries, books, music and messages of support to be sent to the hospital to boost morale and reduce the isolation an assault can trigger. It might be useful to set up an email address especially for messages of support, and a list so people can get updated. If being interviewed by the police The police will seek to interview the victim as soon as possible. Even though the interview may apparently be a witness statement against the policeman they are likely to use the opportunity to gather information on the action, the activist or their colleagues. The interviewee maybe weak, on mind altering drugs (e.g. morphine) and off guard and want to help the prosecution of the police. The same rules apply as they do in a police station although in a very serious assault a statement must be made to the police in order to arrest and charge. A hospital interview is not to be done lightly. A decent solicitor MUST be present and nursing staff informed before any dialogue takes place with the police. The interviewee should answer questions concerning the assault if they wish to see the attacker brought to justice. However any questions relating to other actions and other people must be treated with extreme caution and a “no comment” answer given. Domestic matters Domestic matter need to be considered (especially if they live alone), child care, animals, plants, bills etc. If that person has work or campaign commitments they need to be taken over by other people. Matters such as fines and court appearances do not go away when someone is seriously ill. Someone should contact the courts and tell them about the attack preferably a solicitor to take the pressure of bailiffs, court appearances and warrants off of the victim. Going home  Do not just assume someone else has sorted things out, violence affects friends and family who may be exhausted and traumatised themselves whilst at the same time facing police harassment. Detailed plans need to be made in order to facilitate a seamless transition from hospital to home and a quick recovery. The injured person may well be unable to wash, cook, shop, go to the toilet etc, without help. A rota detailing who is going to help when will make things clearer for everyone. Sometimes people suffer in silence rather than ask for help as the transition from able bodied to needing help for eveything can be hard. The recoperation phase at home can be very hard, as the reality of a many years or even a life time of suffering dawns on the person. It can also be very stressful and difficult for the carers so this work needs to be shared. If somebody has a partner or primary carer they will need breaks as well as treats and surprises themselves. Offer help to avoid major problems such as burnout, post traumatic stress disorder and depression which often surface as physical trauma diminishes and normality which includes court cases, bills and other stress factors which ensue often months or even years after the event. Recovery is not a straightforward process, just because people are OK one day does not mean they are always OK. If the injured person is in police custody. This is a potential dangerous situation. Too many people have died in police custody so get help immediately the aim being to get the person to hospital. Get legal help immediately. If appropriate go to the police station and inform them that your colleague is seriously injured, that you know that they are there, their lawyer knows and other activists know, for your own safety make sure that other people know where you are. Try and speak to the custody sergeant who will be the person responsible for the prisoner’s well-being inform them of any medical problems if it is appropriate to do so and if all of this fails dial 999 and ask for an ambulance to attend the police station giving a full explanation of injury/illness and the fact that the police are not treating a life threatening situation seriously. Keep up the pressure and keep contemporaneous notes throughout including police numbers, times, etc. Being a victim of crime and a witness for the prosecution. All to often the victim is left to fight the legal case more or less on their own, which can be very demoralising and is what the authorities want because then people drop the case. These cases are political as well as personal and the work should be shared as we all collectively benefit if the case is fought let alone won. The police may well try to wriggle themselves or their mates out of sticky legal situations and the Crown Prosecution Service CPS will usually assist. However sometimes the evidence is so watertight they have to be charged and stand trial which is not unknown. This is not easy for the victim as the situation then exists of police arresting and charging their colleagues or friends. They may be in a situation where they raid another police officer’s home, lock her/him in a cell and prepare a case to send him/her to prison where s/he will not have an easy time, s/he will lose his job and pension. This will be due to a protester pressing charges and the police will be reminded of their own individual frailty before the law, they are not untouchable, they too can be punished and they do not like this one bit. They will of course try to discreetly wear down and discredit the victim and witnesses whilst at the same time prosecuting the assailant so watch out for trumped up charges, increased arrests, raids etc. Years may pass before the trial so detailed notes of the incident need to be made ASAP, the memory fades very quickly and seeing videos or talking to other people can “contaninated”. The police may actually be on your side or they may pretend to be in order to gain your trust before betraying it. Be cautious and never give over ANY evidence of which you do not have copies, as it's all to likely to get “lost”. If possible only give copies not the originals. At court As a victim or witness you will simply be expected to turn up to the trial and answer questions from both prosecution and defence lawyers. It is probably better that you do not attend any pre-trial hearings as this may count against you. Someone who is smartly dressed and unknown to the authorities could discreetly sit and take notes pretending to be a law student if necessary The defence for the police will try and discredit the victim and/or the group(s) they may be connected with. For the same reason demonstrations outside the court and other places could be used by the defence team. If the state is taking legal action against the perpetrator of violent crime it may be best not to do anything at all which could be perceived as intimidating the defendant. Action when the state refuses to act is a different matter altogether as are demonstrations against the original target. Keep a note of all and any expenses and receipts. Regardless of the outcome you will be able to reclaim reasonable travel, refreshment and hotel expenses. Victim Support is a charity who help victims of crime, families and witnesses. The police should refer all cases on especially when the outcome is serious but you can self refer .They can visit victims at home, advise on benefits and will be in every court. Contact them on 0845 3030900. If the case is important enough avoid arrest as much as possible give them no ammunition. Every caution and conviction of victim and witnesses will be put before a jury so try not to add to your collection prior to the trial. NB it will quite probably be more difficult to avoid arrest as you may be targeted by police. The defendant especially if s/he is a police officer will probably have no convictions the defence team (which will be the best money can buy) will do their utmost to show you to be a criminal and a “terrorist”. Even if you have no criminal record they will even try to associate you with bombs and “extremist” activity. The jury will not be too sympathetic to someone who they feel is violent or associated with violent tactics Witnesses who are not activists e.g. a passing motorist should not be contacted directly as evidence can be contaminated which will help the defence. It is natural to want to discuss the case amongst ourselves but be careful, you will be accused of colluding together to make up accusations. ANY independent witness is of the utmost importance as they have no ties with the victim and are testifying on the grounds of common decency. They are not immune to police harassment and may suffer some form of persecution prior to the trial, do not be too surprised if they falter in the witness stand. Notes should be taken throughout the trial for civil proceedings. The lawyer acting for any civil case will contact them afterwards if necessary. Civil proceedings Even if the defendant is acquitted, the burden of proof is much less in a civil matter. Sue them and instigate proceedings immediately. In any case of violence a long term aim should be to sue. This can only be done once the criminal case is concluded and so whilst any trial will take place years later the groundwork starts seconds after the assault and can continue right up to the end. It may not be successful but in order to deter others and to be adequately compensated for injury and financial loss it is imperative to fight back. It is possible to lose the criminal case but still win civil proceedings. Although it is hard and exhausting it is making an example of a violent opponent may save other activists from a similar fate. Remember to support individuals in their court cases as it's part of a wider political campaign. You CAN sue individual police officers or employees if it is not possible to sue the police force or corporation depending on the circumstances, for example you were beaten up by an off duty security guard, do seek legal advice. Any information gleaned from the criminal case should be passed on to lawyers who will be on your side and do their utmost for you. The Criminal Injuries Compensation Authority may compensate activists who are the victims of crime so it is an avenue worth pursuing. However they do not tend to like anyone with convictions especially “crimes” committed after the assault, another reason for being careful not to be arrested. In some cases they will decide that someone has been so naughty that they do not deserve any compensation. Anyone who helps the victim in any way either with finances, driving them to hospital appointments, cooking for them, nursing them, getting prescriptions, listening to them when they are depressed or suicidal should catalogue EVERYTHING from the minute the assault happens. Every single drop of petrol, every minute assisting, every penny spent needs recording and receipts saved and sent to the lawyer dealing with the case. This can go on for years and will add up to tens of thousands of pounds in serious cases all of which can be claimed as expenses from the defendant. The victim should keep a contemporaneous diary of their experiences and every detrimental experience, pain, panic attacks, depressive episodes, incontinence etch, should be catalogued as well as things such as loss of earnings, prescriptions, travel to physiotherapy appointments, seeing practitioners such as homoeopaths, taxis, any receipts ,etc. A diary also tells a court how much and how long the victim of a violent assault can suffer. Any police raid will leap upon such a document with the utmost glee so keep it safe. An injury can cause pain for the rest of your life, mental illness especially Post Traumatic Stress Disorder (PTSD), depression, anxiety and a whole host of addictions are commonplace for victims of trauma and can also set in for life affecting every aspect of existence. All of these things will be calculated by lawyers on both sides and are part of the settlement so do not miss anything as once the settlement is made there will not be a second chance and when if the survivor can not work due to panic attacks 10 years down the line there will be no more money. A doctor of the appropriate discipline will examine the victim for the court in order to ascertain how much their life has been affected by the assault and whether or not the damage or scarring is permanent or will shorten life. Sometimes several appointments may be necessary, one may have to see a neurologist and a psychiatrist. Lawyers can be nasty, in one case a severely injured man was filmed by private detectives without his knowledge. Going back to work whether paid or voluntary is important for self esteem and finances but going back too soon can not only delay full recovery but will be seen as a sign that the person is no longer suffering. The better a person seems to cope with an assault ,it seems, the less compensation s/he is entitled to. Court cases are very costly. The defendant may well offer an out of court settlement if there is a good case so there may be no need to go to County Court (for claims below &pound;50,000) or the High Court. If there is no settlement concerning liability there will be a trial in the civil court and a jury will decide. If there is no agreement concerning the amount a judge will decide. If you win you will then be paid a large cheque which is to compensate you for injury, psychiatric damage, loss of earnings, scarring and any future financial impact, for example you may find it too painful to work double shifts ever again. The money is also to pay for expenses incurred by your injury including help given by others so do pay back people and campaigns who have helped but bear in mind that you will never receive payment again and that most payments if looked at in perspective over a lifetime do not actually fully compensate at all in a serious case. Do seek financial advice and be cautious, annoyed multinationals have in the past tried to sue activists with assets but to date none of them have been successful. Those on benefits should also seek independent legal advice prior to declaring anything. Many seriously injured activists although they have had good cases have lost in court and not received a penny. In some cases legal aid to fight the case may have been denied. This has meant severe financial hardship as well as the injustice and pain. Some people have not been able to work again and further loss such as the breakup of a marriage have followed. There is certainly a case for people in this position to receive more support from the activist community than they have done not only in the UK but overseas as well. The media We are all aware of what lies and distortions the press are capable of. On the other hand they may be sympathetic and highlight the concerns of the activist who has been assaulted, assist with publicising the case which may help to win it, embarrass the perpetrator/s of the violence and counter allegations that it is only activists who are violent. Negative reports may deter them from violence in the future. There is also the possibility of an assailant being ostracised by his own people which causes divisions and again may deter others. The police have a bad press already and they may invoke the wrath of senior officers if they earn any more which in turn will protect the public by deterring their worst excesses. Publicising the arrest of the opposition is probably a good thing. It may also scare others off of direct action but on balance it may be better to publicise the incident. The first day reports may set the tone of the case. The police will probably have a spokesperson ready to give their version of events and if you are going to engage with the media it is good to do it on the first day. If you have dramatic photos then it might be good to give or sell them to the media – seek legal advice,blank out perminently anybodies face who is not happy to be in the photo. Whether or not the assault is publicised is the decision of the person who has been assaulted and should not be decided without their input or a legal opinion unless s/he is unconscious in which case the decision lies with the next of kin or by people who know their attitude about the media. Publicity can make or break a case and any decision made can affect the rest of the victim’s life. An experienced person should take responsibility for any media coverage including activist media even if no press release is made so that the victim does not have to repeat their experience over and over again which is tiring, stressful and unlikely to portray them in their best light. The assault should be reported in our own newsletters, email lists and indy media in order that adequate support can be maintained. Do bear in mind that the police may try and stop journalists reaching the injured person and will often get the hospital to stop certain visitors from coming in. A lawyer at the scene may be appropriate in order to allow those who are wanted and to turn away those who are not. If the injured person wants to see a journalist the police do not have any right to stop them unless that person is in custody (police will then guard the bed). The hospital have a duty to protect patients and several camera crews massing on a small bay in which other patients are intruded upon is something they will not appreciate which is understandable. However it is not unknown for police to persuade hospitals that they are treating some dangerous person who must not speak to the press or a pretence is made at protecting the patient from the paparazzi even if the patient actually wants a press release to be made. Difficult disissions need to be made about making media event when coming out of hospital but it may provide a photo opportunity and another chance to explain your case. Final thoughts If this is all quite frightening, try and remember that violence is actually quite rare, but both indy and main stream media often focus on it. Then we tend to repeat and worse still exaggerated the violent stories. Don't blame yourself for their violence. Furthermore it is usually not helpful to compare yourself with others, with internal processes such as “s/he is much worst than me what have I got to complain about”. Usually the physical symptoms disappear but the memory of whether we were supported adequately or not stays with us for years and maybe the deciding factor whether we go back to the “front line”. When the physical and/or emotional wounds to not heal then LONGTERM support is needed. Just because you think the injured person “should be over it by now” does not mean that they are. And don't assume that people are being cared for check yourself, they may be suffering in silence and will really appreciate your help. Finally going through physical and emotional pain can make you stronger, more understanding and sympathetic. If you sue then you may receive a large payout – if you do aware that companies may be aware of this and try to sue you. And without being to cheesy give you an appreciation of life and what health you have rather than focusing on what you have not what you don't. First Aid: <a href="http://www.blackcrosscollective.org" target="_blank">www.blackcrosscollective.org</a> and <a href="http://action-medical.net" target="_blank">action-medical.net</a> Irwin Mitchell: <a href="http://www.imonline.co.uk" target="_blank">www.imonline.co.uk</a> Citizens' Advice: <a href="http://www.citizensadvice.org.uk" target="_blank">www.citizensadvice.org.uk</a> Victim Support: <a href="http://www.victimsupport.org" target="_blank">www.victimsupport.org</a> Criminal Injuries Compensation Authority: <a href="http://www.cica.gov.uk" target="_blank">www.cica.gov.uk</a> Home

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