Be careful

Dr. Eamonn Butler recently had an unsought acquaintance with the Law. (See the Adam Smith Institute blogs.) He gave an interview to Canadian TV journalists on the outcome of the G20 summit. At the end they all went out on to the street for him to be filmed walking towards the camera, the street being Great Smith Street, as his office is in the building which is the headquarters of the Church of England, that well-known subversive organisation.

Very soon a police car pulled up and officers confronted the group, demanded that they each prove their identity, and give their date of birth, height (!) and ethnicity, before issuing to each a copy of the Stop and Search form.

The police explained that they are required to do this whenever they see people behaving suspiciously on CCTV cameras. Could they not see the enormous tripod mounted TV camera, or did they view them as possible terrorists who did not have the wit to meet outside the view of the all seeing camera.

ON March 4th former Deputy Assistant Commissioner David Gilbertson issued a public letter expressing his concern about the 2005 addition to section of 110 of the Serious Organised Crime and Police Act which was quietly tacked on to an otherwise unexceptionable Act. It allows any police officer in England and Wales to arrest, that is to physically detain, handcuff and take to the police station for a DNA sample, any person for any offence, no matter how trivial and whether or not a power of arrest had previously existed for that offence.

Gilbertson points out that people can be and have been arrested for such offences as not wearing a seltbelt, dropping litter, shouting in the presence of an officer, climbing a tree or building a snowman.

Previously officers had to justify every arrest, and be aware of whether they had power to arrest for that offence, but this no longer applies. Soon the power will be extended to the pseudo police officers called PCSOs.

In a one-to-one situation there seems a real possibility of your word being rejected in favour of the arresting officer's. As they never seem to operate singly, the word of two officers will certainly override yours. Be care what you say, do not try to be clever and do not annoy or....


Dr. Butler has just published his book "The Rotten State of Britain". In it among other things he expresses concern about recent movement towards a "police state". How ironic that he should experience something like it at work! Damien Green, the shadow minister who was arrested and had home, and offices searched, in somewhat dubious circumstances, is still under threat of prosecution 5 months later. The role of civil servants and their political masters is not clear, but why is it taking so long? Did some of them go in too hard, and now they are hoping that we shall forget?

David Gilbertson has organised an official on-line petition, which he concedes will probably be ignored. If you would like to sign, the address is http://petitions.number10.gov.uk/PowersofArrest/