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NO BASIS FOR WAR
Foil the Base — 12.00, Sat 22nd March, 2003.
1. Legal phone numbers to use on the day in case
of arrest
2. Short legal briefing courtesy of CAAB
3. Notes on the Terrorism Act 2000
4. Notes on Section 60 powers
5. Advice for legal observers
Solicitors on the day are:
FRANCES TAYLOR -0113 237 4047
GRAHAM STOWE -0113 246 8163
SHORT NOTES and LEGAL BRIEFING
Courtesy of CAAB
WE ASK THAT ANY ACTIONS TAKEN DURING THE DEMONSTRATION ARE PEACEFUL AND
WITHOUT VIOLENCE
PLEASE READ THIS BEFORE TAKING ANY ACTION
BACKGROUND:
‘RAF’ Menwith Hill is occupied, controlled and managed by the National Security Agency of America. The base is the largest intelligence gathering and surveillance facility in the world. The base has several roles including a crucial part in the US/UK attack on Iraq and the American Missile Defense System (‘also known as ‘Star Wars’). The land is in the possession of the Secretary of State for Defence. All other constructions/buildings/security fencing etc belong to the American authorities. There are no leases on American bases in the UK.
MINISTRY OF DEFENCE POLICE AGENCY:
Security of ‘RAF’ Menwith Hill is in the control of the US Base Commander – Colonel Randolph Roberts (US Army) with the Ministry of Defence Police Agency (MDPA) acting on their behalf.
The MDPA became an Agency in 1995 and are paid for and are under the operational control of the US Base Commander. The United States Visiting Forces are the ‘customers’ of the MDPA. The senior MDPA officer at Menwith Hill is Superintendent Craddock.
JURISDICTION OF POLICE:
The MDPA have all the powers and privileges of a constable (although this is soon to be challenged in the courts by CAAB concerning some officers). Their powers come under the Ministry of Defence Police Act 1987. The MDPA are secretive and unaccountable - not being scrutinised by an elected authority.
The MDPA have jurisdiction within the base but have to obtain permission from North Yorkshire Police (NYP) to enforce powers outside the base. The Anti Terrorism Act 2000 extended the jurisdiction of the MDPA. However they must ultimately obtain authority from NYP for extended powers outside the base. North Yorkshire Police have jurisdiction outside the base. NYP with the MDPA patrol the roads and surrounding areas round the base. Because the base is on high alert there are extra armed and unarmed MDPA on duty. All dog handlers are now armed.
The ‘logo’ for the MDPA is almost identical to the Home Office police except with the words ‘Ministry of Defence Police’ written instead of eg ‘North Yorkshire Police.
POSSIBLE OFFENCES AND REASONS FOR ARREST:
Obstruction of police officer in the execution of his/her duty
Obstruction of the highway
Resisting arrest
General arrest conditions under Police and Criminal Evidence Act 1984
(s.25)
Public Order Act 1986 offences (specifically section 5 and 25)
Aggravated trespass (Criminal Justice and Public Order Act 1994 s.68/69)
Breach of the peace or conduct likely to cause a breach of the peace
Criminal damage – s.1 and 4 Criminal Damage Act 1971
Going equipped to cause criminal damage
Suspicious acts
Hopefully not…….
Assault on police officer
Range of possible drug/alcohol offences
Theft (Theft Act 1968)
Cars or bags could be searched under the Police and Criminal Evidence Act 1984.
Military Land Byelaws under the RAF Menwith Hill byelaws 1996 are in force and recently after the MDPA studiously avoided any arrest under the byelaws there are now two cases in the courts. Lindis Percy will again be challenging the validity of the Byelaws. Military Land Byelaws made trespass a criminal offence.
‘RAF’ Menwith Hill is covered by the Official Secrets Act 1911-1989 – however the OFA is highly unlikely to be used. It is not an offence to take photographs while outside the base.
ARREST INFORMATION:
The police may bring in a mobile control police station on base. You could be arrested on base by the MDPA or outside the base by NYP or the MDPA if they are assisting the civil police outside the base. If arrested either by the MDPA or NYP you may be taken inside the base or to Harrogate Police Station to be ‘processed’ by the Custody Officer (North Yorkshire Police).
IF ARRESTED:
You must be told of the reason for your arrest and cautioned – ‘you
do not have to say anything but it may harm your defence if you do not
mention anything that you later rely on in court. Anything you do say
may be given in evidence – do you understand?’ You may reply
to the caution. You are now in the custody of the arresting officer.
the police may search you at the scene of arrest – you will be searched
at some stage when you get to the police station. A search must be done
by a female officer for women when it is done.
ON ARRIVAL AT THE POLICE STATION:
All Police Stations now have CCTV recording in the custody and cell areas.
You will be taken before a Custody Officer (whose role is to look after
your welfare and be independent – (this is not always the case).
The arresting officer will tell the Custody officer the reason why you
have been arrested.
A Custody Record will be opened and your details asked for. The police
will want to know your address. Failure to give this may result in you
being detained in custody and then appearing before the next court hearing.
The Custody officer will decide whether to detain you and give the reasons
why you are being detained. This is usually to obtain further evidence
by questioning.
THREE rights will be read to you by the Custody (you are now covered by the Police and Criminal Evidence (PACE) Act 1984 while in custody)
1.The right to have someone informed of your arrest
2.The right to consult the Codes of Practice (Police and Criminal Evidence
Act 1984)
3.The right to speak to an independent solicitor free of charge.
You will be asked if you would like to exercise any of these three rights – you can reserve the right to take any up during the time in detention. You will be asked to sign for this.
You may want to record any event while in detention - in which case ask for paper and pencil from the custody officer.
SEARCH:
You will be searched at the police station. This is a cursory or ‘pat down’ search – you will be asked to turn out your pockets, hand over your property and remove your shoes. A woman must be searched by a female officer. All items of your property are then listed in front of the Custody Officer on a Property form (you will be asked to sign the form). You may retain certain items at the discretion of the Custody Officer.
If you are to be detained (e.g.for further questioning) you will be taken to a cell. The Custody Officer will call the nominated Solicitor (if you have requested to speak to a Solicitor).
Any previous convictions/outstanding warrants for arrest etc will be checked on the Police National Computer.
LEGAL ADVICE WHILE IN CUSTODY:
You may talk to the Solicitor in private on the ‘phone (privacy is not always guaranteed). Ask the Solicitor if you require him/her to attend at the Police Station especially if you are to be interviewed on tape. You may ask to speak to the Duty Solicitor if no named Solicitor of your choice can be contacted.
TAPED INTERVIEWS:
Carried out in special sound proof rooms with tape recording equipment.
Solicitor present if you have requested him/her to be present during interview
– he/she is there to give advice and look after your interests.
Arresting officer will usually conduct the interview with another officer
present.
Interviews for more serious alleged offences may be done by CID –
of either police force.
Procedure will be explained to you from start to finish of interview.
You are entitled to a copy of the taped interview.
OUTCOME OF DETENTION:
You cannot be held in detention for more than 6 hours without a review
by a senior officer – after that other rules apply.
You will either be released without charge, reported with a view to prosecution,
bailed to return at a later date to the police station or charged with
an offence.
IF CHARGED:
The arresting officer will read out the charge – you may reply to
the charge which is recorded on the custody record and/or charge sheet.
Fingerprinting, DNA sample and photograph may be taken if you have been
charged with a ‘recordable’ offence. If you refuse the police
will taken them by force. A photograph may not be taken by force. However
it is usually obtained by an element of surprise.
You will be bailed by the police (known as ‘police bail’ and
with or without conditions) to appear at the local court within a few
days (known as ‘plea date’).
You could be detained in police custody for a number of specified reasons
under the
Bail Act 1976.
Contact CAAB for any references for above legal briefing.
WE WILL HOPE TO ARRANGE FOR YOU TO BE COLLECTED FROM THE POLICE STATION IF YOU ARE ARRESTED – CONTACT mobile phone number: 07949897904
FURTHER INFORMATION FROM CAAB:
History of US Bases in UK including secret documents
Secretary of State for Defence Land ownership re US bases
Who is in control on US bases?
Planning application procedures on Crown Land (specifically US bases)
Powers and accountability of Ministry of Defence Police Agency
Powers of US military personnel – certificates of immunity
Legal actions taken by CAAB
Successful cases and rulings
History of CAAB campaign re campaign to challenge invalid Military Land Byelaws on US bases
CAAB Parliamentary Questions re US bases
Arrest/detention and charge
Defending yourself in court
Laying information/private prosecutions/civil actions
Actions against US government/US Department of Defense
Injunctions
In Prison
Non violent direct action
Civil disobedience
Comprehensive history re NSA Menwith Hill in particular and US bases in general (eg USAF Lakenheath, the Deep Space Tracking Facility and Near Space Center at Feltwell, USAF Mildenhall, JAC Molesworth, USAF Croughton, USAF Fairford etc)
American Missile Defense System (NSA Menwith Hill and RAF Fylingdales)
Quaker Meetings for Worship at NSA Menwith Hill, RAF Fylingdales and USAF Croughton
Lindis Percy and Anni Rainbow
Joint Co-ordinators
CAMPAIGN FOR THE ACCOUNTABILITY OF AMERICAN BASES (CAAB)
8 Park Row, Otley, West Yorkshire, LS21 1HQ, England, U.K.
Tel/fax no: +44 (0)1943 466405 0R +44 (0)1482 702033
email: caab@btclick.com
Website: http://www.caab.org.uk
It is possible that the Terrorism Act 2000 may be used at Foil the Base. Click here to find out more.
