To date, as far as we know, no-one has been arrested on any actions
on Hatfield Moor, but if you are not used to dealing with the police
on actions then you might find it helpful to read the information
below.
When the police have threatened arrest in the past they have mostly
talked about 'aggravated tresspass', an offence created under the
infamous 1994 Criminal Justice and Public Order Act, which theoretically
could carry quite heavy penalties, but in reality no-one hardly
ever gets more than a fine or a bit of community service - if they
even bother bringing the case to court. On 26/11/2001 police served
everyone on site with a notice warning that if they entered the
site again within 3 months then they would be arrested for aggravated
tresspass, and tried to film faces for evidence.
Also, police have previously tried to collect names and addresses
of everybody on site. You are under no legal obligation to give
this information to the police if you are not under arrest, but
the police threatened that they would make arrests if people didn't
give names to them. On the 26th November they didn't try to collect
any names, maybe they figured out that all the ones they got previously
didn't exist!
The following text is from a 'Bust Card' which has been given out
to people before actions:
IN THE UNLIKELY EVENT OF ARREST:
Try and make sure someone has noticed that you’re being arrested
and attempt to find out why and where you are being taken.
Try not to chat to the police, if they start to talk to you,
politely explain that you don’t feel like talking.
AT THE POLICE STATION YOU STILL HAVE THE RIGHT TO REMAIN
SILENT.
You are strongly advised to do so. They will tell you that it may
harm your defence to stay silent. The basic principle remains that
YOU HAVE A RIGHT TO SILENCE even under the criminal justice
act 1994. DO NOT engage in an interview. – JUST SAY ‘NO
COMMENT’ OR KEEP QUIET. Talking is far more likely to harm your
case than benefit it, and you could be getting others into trouble.
When you get to the police station you are obliged to give
your name. They will also ask for your address and date of birth
(as well as other information, but you should not give any more
information than this) If you withhold your address and DoB then
it may delay your release.
They will ask if you want a solicitor.It is recommended that
you find a solicitor that you can trust before going on the action.
NEVER let them supply you with a solicitor. They will
also ask if you want anyone informed of your arrest. If you want
someone informed in the event of arrest then please sort it out
now and the message will be passed on.
DON’T TALK - TRY AND STAY CALM - RELAX, YOU’LL SOON BE OUT
For further information, you might find what you're looking for
in this downloadable Basic
Law for Road Protesters (last updated 1996, so it's a bit out
of date but not too bad)