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A benign Ogre – Stop and Search in Northern Ireland

20/09/2020 By ACOMSDave Leave a Comment

An ogre can be someone who is frightening or a ‘man’ who eats people.

So why did this come into my mind having just read an article by the BBC on “What are my rights if I’m stopped and searched?”? We as human beings have a tendency to resort to literature characters who are not real to enable us to describe a situation we are currently in or have experienced.

Firstly, I have yet again to take the BBC to task for being England/Wales centric. The article is professionally written and researched, however, to dismiss Scotland and Northern Ireland with the lines:

…The laws in Scotland and Northern Ireland are different, but there are many similarities with those in England and Wales..
shows a total lack of understanding that each of these countries is unique as is its law. I will not endeavour to speak about Scottish law as I do not live there, however, the law in Northern Ireland is most definitely coloured by the 30+ years of the ‘troubles’. This has polarised a lot of the community in terms of accepting the PSNI (Police Service of Northern Ireland).

 

Stop & Search - A benign OgreA crowd - A benign Ogre

Now back to Stop and Search in Northern Ireland, let us do a comparison on stop and search figures:

Stop and Search Comparison

CountryYearPopulationStatistics of people stoppedRatio as per population
England & Wales291856.1m (approx)380,00019 people stopped per every 2810
Northern Ireland20181.88m (approx)28,11628 people stopped per every 2288

So, what are your rights if you are ‘Stopped and Searched’ in Northern Ireland?

According to Northern Ireland Direct, and here I will quoted directly…

Who can stop and search you?

Any police officer can stop and search you. If they are not in uniform they must identify themselves before the search takes place. The stop and search action doesn’t mean you’re under arrest or that you’ve done something wrong.
The reasons police can stop and search you
The police can stop and search you:
• if there has been serious violence or disorder in the area
• if police are looking for a suspect who fits your description
• if police have reasonable grounds to suspect you’re carrying drugs, a weapon or stolen property
• in countering terrorism

What happens in a stop and search?

If you’re stopped and searched:
• you must stay for all of the search
• police must make sure the search time is as short as possible
• the search must take place where you were stopped or nearby, unless moving you would protect your privacy
Before a search, a police officer must tell you the grounds for the search, what they’re looking for, their name (except where the stop and search is to do with terrorism) and the station they’re attached to.
If you’re in a public place, you’ll be asked to remove your coat or jacket and any headgear or gloves worn unless the search is to do with terrorism or when police believe you’re using clothes to hide your identity. They can ask you to empty your pockets and open any baggage to help the search….(https://www.nidirect.gov.uk/articles/stop-and-search)

But there is more to be considered; what personal information am I obliged to give the officer?

According to the Citizenship Foundation, this is what you should think about:

…: I do not have to give my name or address to the police
It Depends. You only have to if the police suspect you have committed (or are about to commit) an arrestable offence.
You don’t have to answer a police officer’s questions, but someone who refuses to give their name and address may be arrested if the police officer reasonably believes they have committed an offence. You have the right not to answer any more questions until you have received legal advice from a solicitor.
In Northern Ireland, a person has an obligation to give their name and address and DOB under certain circumstance, together with the answers to some questions, under section 21 of the Justice and Security Act. Consider

Q: If you’ve not done anything wrong, do you think refusing to say your name makes you look suspicious?
Q: Do you think it’s worth having this right if enforcing it means that you could be suspected of committing an offence…

(https://smartlaw.org.uk/wordpress//content/uploads/woocommerce_uploads/2017/04/Police-powers-teachers-notes-v2.pdf)

Now consider in April 1993 the Editor of upstart (a local gay publication) stated exactly the same thing, but with the addition of reminding people if they are in doubt then give the minimum information you have to ask to see a solicitor – for Northern Ireland at this time this was really relevant for gay men, as various purges were taking place (the latest at that time being in Belvior Park) and people’s lives were being destroyed.

We all have a right to support the police forces in their given legal duty, but remember they like us are human and can make mistakes.

 

External links:

  • Stop and Search – PSNI
  • Stop and search – NI Direct
  • Stop and search on the rise in Northern Ireland to little effect, data shows – The Guardian
  • Stop and Search Statistics – PSNI

 

 

Filed Under: Community Journalist, Government & Politics Tagged With: BBC, Northern Ireland, police, PSNI, search, solicitor, stop, stop and search

Journalism and Activism:

06/07/2017 By ACOMSDave Leave a Comment

This article was originally published in iPOLITICS in May 2017. I have kept it hovering around until I had time to read it properly, and then found that elements of it are equally applicable to LGBT journalism and activism.  He was and is a composite journalist, indeed communicator, but he felt that the system of ‘carding’ as it is called in Canada, and what is called ‘Stop and Search’ in the UK, was intrusive and morally wrong.  He felt that having been stopped 50+ times, and the only apparent reason seemed to be because he was ‘black’, something had to be done!

In the UK ‘Stop and Search’ has been used by police forces throughout the UK as a means of ‘curtailing and controlling’ undesirables.  However, the statistics would indicate that profiling is going on, and that particular targetted groups are being harassed e.g. blacks, Muslims, LGBT individuals and groups (Black and minority ethnic groups increasingly more likely to be stopped and searched by police).

To go further, taken in conjunction with the continued encroachment of our civil liberties by government bodies who use the over-riding phrase ‘ we are protecting society by delving into your emails, phone calls, indeed anything we deem necessary, the phrase ‘ Big Brother’ is real and all encompassing; 1984 and the politics and control written about by George Orwell is effectively here.

Journalism and Activism

 

Police powers to stop and search: your rights

One of the proudest moments in the history of journalism came in 1898 when the French writer Émile Zola wrote his famous letter to the president of France, headlined ‘J’Accuse’.

Source: Journalists and activism: Desmond Cole and the Star

Filed Under: Community Journalist Tagged With: LGBT, police, politics, stop and search

Civil Liberties – is the legacy living on?

02/09/2013 By David McFarlane Leave a Comment

Martin Luther King jnr
 

Over the last few weeks papers, television and radio have been referring to Martin Luther King jnr’s speech ‘I have a dream’ which was delivered in Washington on August 28, 1963.

The speech was the high point of the March on Washington for Jobs and Freedom; which in itself became the focal point of a campaign against discrimination, voting restrictions, unfair treatment by the police and statutory barriers against social mobility and economic opportunity.
The impact of this speech was felt across America, and then across the world, and whilst MLK was not initially billed as the main speaker, his speech has now become synonymous with Civil Rights, and led within two years to the Civil Rights Act of 1964 and the 1965 Voting Rights Act being passed in the USA.
Rustin Bayard and Martin Luther King jnrMLK developed his commitment to a principle of non-violent action through the tutelage of Bayard Rustin, a man March on Washington Aug 28who was black, gay, and a Quaker.  Bayard’s own life had been through many phases. Bayard was brought up by his grandparents acting as his parents, who were methodists ( he later found out that his ‘sister’ was his mother).  He was a member of the Young Communist League until 1941 after the Nazi invasion of Russia led the U.S. party to switch gears into building American opposition to fascism, and racial justice issues fell by the wayside.
Rustin was a deeply committed pacifist, owing largely to his Quaker background, and got thrown in jail for conscientiously objecting to service in World War II. It was his introduction of Gandhi’s tactics of nonviolent resistance (which he learned when visiting independence activists in India) to the Rev. Martin Luther King Jr which served as a platform for MLK’s enduring success in civil liberties along with his oratory.
Bayard being gay, and also that he had been arrested for 1953 and sentenced under the lesser charge of ‘sex perversion’, was often used by his enemies both in the establishment and in the civil liberties camp as an indication of his unsuitability.  However, it is interesting to read the FBI synopsis on him:
Federal Bureau of Investigation internal memorandum (25th January, 1966)
Rustin is a very competent individual who is widely known in the civil rights field. He is personally familiar with numerous individuals with communist backgrounds. As one of Martin Luther King’s closest advisers, he is in a position to wield considerable influence on King’s activities. Technical coverage of Rustin is an important part of the overall coverage of King, who is the most prominent civil rights in the country today. Because of the influence being exerted on King by persons with subversive backgrounds, it is necessary for us to maintain coverage of individuals such as Rustin. In order to fulfill the Bureau’s responsibilities to uncover communist influence in racial matters, it is recommended that technical coverage of Rustin be continued.
Bayard SingsBayard Rustin, has been a man written out of history due to his abilities and to him being black and gay; fortunately society has moved on today, and more importantly the USA has a black president who this year has recognised the importance of Bayard by awarding him Presidential Medal of Freedom earlier this month.
Unfortunately some 50 years after MLK’s speech, and it’s impact worldwide, I must report that civil liberties in the United Kingdom are under threat.  Our freedoms, whether we are of the LGBT community, black, white, religious or non-religious are important to us.  History has shown that we must fight and succor our civil liberties; that we must not allow governments to sequester them int he pursuit of security.  So having said this how do we in one of the first democracies of the world now have one and a half times as many surveillance cameras as communist China (Tom Kelly, Mail Online,  Aug 2009).  According to the Association of Chief Police Officers,  as at Aug 2011, there are in actuality 1.85 million CCTV cameras in the united kingdom.
To this we can also see the implementation of ‘Stop and Search’.  In June of this year, it was stated that there were a million stops each year, with only 9% leading to court cases (BBC, July 2, 2013).  However an article in the Sunday Post dated August 25, 2013, said that in the last year the Scottish Police have actioned six hundred and twelve thousand (612,000) stop and searches in the last year – approximately a 50% increase, with only thirteen percent (13%) possibly finding anything!
I do not believe that England and Wales only did 400,000 stop and searches over this period, and looking back a few years ago I wrote about the police tactics of stopping people and confiscating cameras and videos during various times of unrest ‘in the interest of the public’. A tactic which has since been clarified as being unjustified.
Our civil liberties belong to us:
Civil liberties in the United Kingdom have a long and formative history. This is usually considered to have begun with the English legal charter the Magna Carta of 1215, following its predecessor the English Charter of Liberties, a landmark document in English legal history.  However it could be argued that the Declaration of Arbroath of 1320 in Scotland was the first attempted implementation of civil liberties in part of the United Kingdom.  Today the United Kingdom’s relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights.
In other words, civil liberties are the “rights” or “freedoms” which underpin democracy. This usually means the right to vote, the right to life, the prohibition on torture, security of the person, the right to personal liberty and due process of law, freedom of expression and freedom of association.[3]
(Wikipedia, 2013)
I call upon everyone to monitor their police and security forces, their local and national government – don’t allow the United Kingdom to become a ‘police’ state.
banksy-search S&S KNow Your Rights
 
Further Reading:
Wikipedia –Civil Liberties in the United Kingdom
Wikipedia – Bayard Rustin
The Atlantic – Article by Kerry Eleveld ‘Obama, Bayard Rustin, and the New LGBT Civil Rights Movement‘
Spartacus Educational – Bayard Rustin
Washington Post – Wonkblog – Meet Bayard Rustin, the gay socialist pacifist who planned the 1963 march on Washington

Filed Under: Anti-Bullying & Homophobia, History Tagged With: bayard rustin, CCTV, civil, civil libeties, liberties, martin luther king jnr, stop & search, stop and search

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