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Sunday, August 07, 2005

Useful Information (UK)

The Security Service MI5 and MI6: These agents have no power of arrest and you do not have to speak with them.

Special Branch and The Police: Arrests and searches are carried out by constables. All police officers are constables and can arrest any person they suspect may have been
involved in a crime.


What to do if you are approached by the security and intelligence
services:


If you have not been arrested

1. Do not panic. Do not run or be rude.

2. Ask if you are being arrested. If not ask if you are free to leave.

3. Inform the officer you are happy to co-operate with them but only
through your solicitor.

4. Request the officers Name, Rank and telephone number -

5. Provide them with your solicitors name and telephone number.


If you have been arrested

1. You should give your name, DOB and address to police. Do not answer
questions beyond your name, DOB and address without your lawyer because
even comments that do not have any legal significance can be used to
'profile the Party'. Please be aware, the police are trained to be 'nice', some may even claim they are supportive of your cause! This is to get you to speak.

2. Contact McCormacks Solicitors immediately and ask to speak to Tayab
Ali on 020 7791 2000 for further immediate advice. If McCormacks
are not available use the duty solicitor. Legal advice can only be withheld for a maximum of 48 hours. So be patient. ALWAYS CONTACT A LAWYER.

3. Make sure your family are aware of what to do if you are detained or 'disappear'. It is a good idea that a member of your family knows the details of your solicitor and a contact of the youth so that they can inform them in case of an emergency.

4. if we come across any case where a youth has been arrested or detained, PLEASE offer support to the family and visit them. They are not under any obligation to speak to police informally and really should avoid doing so, as the police can behave irrationally in this
tense time.

Below you can see in details how to deal with searches under the
Terrorism Act 2000. Terrorism Act - Section 44: Police Searches


Your rights DURING SECTION 44 SEARCHES

* The police can only give you a pat down, remove outer clothes
(eg jacket, hat), search your bags and have you empty your pockets

* You do not have to give your name and address

* You do not have to explain why you are there

* You are not allowed to flee the search, but you are not required to be actively compliant. You are allowed to 'go limp' as passive
resistance during the search if you wish not to comply

* There is no permission to collect DNA data during the search

* You do not have to comply with any attempt to photograph or record you * Women cannot be touched by male police during these
searches

* Make notes about the officers searching you - name, number and
police force
* Note the time and the events preceding the search

* Note the specific wording used by the police to explain their authority to search you

* Ask the police for the reason that they are searching you. Specifically, are they searching for terrorists or are they simply
trying to deter, delay or inconvenience you?

AFTER SECTION 44 SEARCHES


* Hold on to the Search Record or any other documentation the police give you (or note if you don't receive one).

* Make brief notes about the search while you still remember all the details

* Do not write anything down on the day that you don't want disclosed to the police. Police may search you again and be able to
read anything that you have written down
Note: If you are stopped or searched the officer must fill a form and give it to you straightaway unless, for example, they are called away to an emergency. In this case you can get a copy from a police station anytime within 12 months.

The officer must write down:

your name or a description of you (only if you are searched);


your self-defined ethnic background;


when and where you were stopped or searched;


why you were stopped or searched;


if they are taking any action;


the names and/or numbers of the officers; and


if you were searched, what they were looking for and anything they found.
The police will ask you for your name, address and date of birth. You do not have to give this information if you don’t want to, unless the police say they are reporting you for an offence. If this is the case you could be arrested if you don’t tell them.




PLEASE PASS ON THIS INFORMATION

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