Tuesday 19 April 2011
Monday 18 April 2011
Saturday 16 April 2011
Friday 15 April 2011
Census man lies.
One of the NATIONINFORMATION team was visited by the census official yesterday (nice to see him carrying his branded bag!). He was not really to sure how to deal with this other than to lie and put it on his form as a refusal. So a call to the census helpline was in order!
Monday 11 April 2011
Section 50 UPDATE!
Ok, as we said in our previous post we would do a bit more digging on this section 50 of the police reform act. So during OPERATION SPREAD LOVE when the police requested our details under section 50, we asked had we caused an individual harassment, alarm or distress, the officer said "no", thinking we were referring to section 5 of the public order act.
The officer stated that by using the megaphone we had acted in an anti social manner and requested we give him our details or we would be arrested. The officer was then asked "what constituted anti social behaviour?". We were told that there was no legal definition of anti social behaviour. We then stated "so anyone could complain that anything was anti social and the police would have to act?" the officer replied "yes".
This is wrong, section 50 of the police reform act states:
Section 50
50 Persons acting in an anti-social manner
(1) If a constable in uniform has reason to believe that a person has been acting, or is acting,
in an anti-social manner (within the meaning of section 1 of the Crime and Disorder
Act 1998 (c. 37) (anti-social behaviour orders)), he may require that person to give his
name and address to the constable.
(2) Any person who—
(a) fails to give his name and address when required to do so under subsection (1),
or
(b) gives a false or inaccurate name or address in response to a requirement under
that subsection,
is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding
level 3 on the standard scale.
(Note there is no requirement to give your date of birth)
As you can see there is a definition of anti-social behaviour contained within section 1 of the crime and disorder act, which states:
Section 1
Anti-social behaviour orders.
(1) An application for an order under this section may be made by a relevant authority if
it appears to the authority that the following conditions are fulfilled with respect to any
person aged 10 or over, namely—
(a) that the person has acted, since the commencement date, in an anti-social
manner, that is to say, in a manner that caused or was likely to cause harassment,
alarm or distress to one or more persons not of the same household as himself.
Which is the same definition as a breach of the peace as defined in section 5 of the public order act:
Section 5
(1) A person is guilty of an offence if he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly
behaviour, or
(b) displays any writing, sign or other visible representation which is threatening,
abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress
thereby.
Basically if you haven't breached section 5 then they cannot request your details under section 50. We are therefore going to write a letter to Hampshire constabulary stating that the officers were wrong to use section 50 as they had already stated that we had not caused an individual harassment alarm or distress, that our details should be erased from the officers pocketbook and any other system that this information has been transferred to.
Please note that that is our personal interpretation of the legislation and that this in no way constitutes legal advice. We would love any comments that may dispute our interpretation.
Much Love
The NIF team.
The officer stated that by using the megaphone we had acted in an anti social manner and requested we give him our details or we would be arrested. The officer was then asked "what constituted anti social behaviour?". We were told that there was no legal definition of anti social behaviour. We then stated "so anyone could complain that anything was anti social and the police would have to act?" the officer replied "yes".
This is wrong, section 50 of the police reform act states:
Section 50
50 Persons acting in an anti-social manner
(1) If a constable in uniform has reason to believe that a person has been acting, or is acting,
in an anti-social manner (within the meaning of section 1 of the Crime and Disorder
Act 1998 (c. 37) (anti-social behaviour orders)), he may require that person to give his
name and address to the constable.
(2) Any person who—
(a) fails to give his name and address when required to do so under subsection (1),
or
(b) gives a false or inaccurate name or address in response to a requirement under
that subsection,
is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding
level 3 on the standard scale.
(Note there is no requirement to give your date of birth)
As you can see there is a definition of anti-social behaviour contained within section 1 of the crime and disorder act, which states:
Section 1
Anti-social behaviour orders.
(1) An application for an order under this section may be made by a relevant authority if
it appears to the authority that the following conditions are fulfilled with respect to any
person aged 10 or over, namely—
(a) that the person has acted, since the commencement date, in an anti-social
manner, that is to say, in a manner that caused or was likely to cause harassment,
alarm or distress to one or more persons not of the same household as himself.
Which is the same definition as a breach of the peace as defined in section 5 of the public order act:
Section 5
(1) A person is guilty of an offence if he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly
behaviour, or
(b) displays any writing, sign or other visible representation which is threatening,
abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress
thereby.
Basically if you haven't breached section 5 then they cannot request your details under section 50. We are therefore going to write a letter to Hampshire constabulary stating that the officers were wrong to use section 50 as they had already stated that we had not caused an individual harassment alarm or distress, that our details should be erased from the officers pocketbook and any other system that this information has been transferred to.
Please note that that is our personal interpretation of the legislation and that this in no way constitutes legal advice. We would love any comments that may dispute our interpretation.
Much Love
The NIF team.
Sunday 10 April 2011
Section 50
The Nationinformation team carried out our second love police operation yesterday in the sunny city of Portsmouth. The video will be up on our youtube channel soon.
Our first encounter was very succesful, I am still amazed at the speed of reaction of private security (they said they were customer services but they carried SIA cards!!). The police were really cool and even backed us up against the security.
The next encounter was pretty similar apart from the use of the megaphone. The police and shopping centre management allowed us to carry on and stood about 20 metres away from us. When suddenly they walked over and requested under Section 50 of the police reform act our personal details. Now we had done quite a bit of study but mostly on the public order act so section 50 threw us a bit. We pushed it as far as we could go, to the point that one of the team was arrested and then de-arrested.
Having done a bit more research on section 50 it pretty much covers anything. Anyone could say anything was anti social and the police can request your details or arrest you! Having looked back on the situation we are pretty sure they didn't know how to deal with us so they contacted the station to find out how to get us!!
We really weren't prepared for Section 50 as we haven't seen any other encounter where it has been used (nearly always section 5). More research required, but this is a learning process and it's a good bit of fun to!
Our first encounter was very succesful, I am still amazed at the speed of reaction of private security (they said they were customer services but they carried SIA cards!!). The police were really cool and even backed us up against the security.
The next encounter was pretty similar apart from the use of the megaphone. The police and shopping centre management allowed us to carry on and stood about 20 metres away from us. When suddenly they walked over and requested under Section 50 of the police reform act our personal details. Now we had done quite a bit of study but mostly on the public order act so section 50 threw us a bit. We pushed it as far as we could go, to the point that one of the team was arrested and then de-arrested.
Having done a bit more research on section 50 it pretty much covers anything. Anyone could say anything was anti social and the police can request your details or arrest you! Having looked back on the situation we are pretty sure they didn't know how to deal with us so they contacted the station to find out how to get us!!
We really weren't prepared for Section 50 as we haven't seen any other encounter where it has been used (nearly always section 5). More research required, but this is a learning process and it's a good bit of fun to!
Thursday 7 April 2011
Operation Spread Love
Looks like the Nationinformation team will be out on our second patrol this weekend. The location is yet to be confirmed but it will be a major south coast city. This time we are going to ease into things and have a bit more fun (less nerves this time!). We will of course blog the post operational de-brief and the video once edited will be on our youtube channel.
http://www.youtube.com/watch?v=cPGjTCYPH58
http://www.youtube.com/watch?v=cPGjTCYPH58
Wednesday 6 April 2011
Census
Look out look out the census staff cometh !! from today 30,000 census staff will be coming to see all you naughty boys and girls who are yet to fill in their census form!!
Now I hope you will all be co-operative with them or you may find yourself forking out a £1000 fine! Now many people have many views on this subject but here's mine; I personally do not want the hassle of going to court over not filling this in. I am however going to make them work for it! basically make the census less profitable for the companies making money out of collecting your private data under the duress of a £1000 fine.
Surely if they were to convince us that the census is a worthwhile and secure with no dodgy dealings (no mention of lockhead martin on this mornings BBC report!) then there would be no need for the threat?
Now I hope you will all be co-operative with them or you may find yourself forking out a £1000 fine! Now many people have many views on this subject but here's mine; I personally do not want the hassle of going to court over not filling this in. I am however going to make them work for it! basically make the census less profitable for the companies making money out of collecting your private data under the duress of a £1000 fine.
Surely if they were to convince us that the census is a worthwhile and secure with no dodgy dealings (no mention of lockhead martin on this mornings BBC report!) then there would be no need for the threat?
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