Sunday the 18th of April, 2010 CLOG ☼ 2010 NEWSLETTER VOL3. containing
1. CLOG ☼ 2010 RULES OF ENGAGEMENT: Part 1.
2. CLOG ☼ 2010 GUIDE TO [not] GETTING BUSTED at MardiGrass.
by James (Jim) Moylan, LEXUS Secretary.
The Civil Liberties Observer Group for the MardiGrass of 2010 is a joint community action being hosted by the LEXUS Union of Students of Southern Cross University on behalf of and in partnership with the Nimbin Justice Action Group, the MardiGrass Organising Body, and the Hemp Embassy of Nimbin: towards assisting in the non-violent realisation of peace and harmony via organised and informed prudential observation.
all violence is counter-productive
informed observers make better coppers
better coppers make fewer arrests
CLOG ☼ 2010 RULES OF ENGAGEMENT: Part 1.
NOTE: CLOG TEAM MEMBERS WILL GO THROUGH ALL OF THIS MATERIAL DURING TRAINING – THIS RELEASE IS MOSTLY PROVIDED FOR THE WIDER MARDIGRASS COMMUNITY.
The CLOG ☼ 2010 RULES OF ENGAGEMENT have been formulated to provide CLOG team participants and other interested parties with a clear idea of the aims, principles, and methodology to employed by the Civil Liberties Observer group at this years MardiGrass.
INTRODUCTION
Why?
CLOG has been provided some disturbing reports regarding police behaviour at prior events (most particularly the 2009 event). The proposed observer is cognizant of actual incidents at past events including allegations regarding:
1. arrest of individuals for
1.1. drug possession and
1.2. drug possession with intent, and
1.3. breaches of summary offences.
2. Arrest for public order offences.
3. Use of sniffer dogs in ‘the public realm’ as an element of public order policing.
4. Search of individuals and small groups of individuals by patrolling police.
5. Search of individuals on a random basis at stationary checkpoints.
6. Search of cars at stationary urban and remote checkpoints.
7. Utilisation of stop and search powers without legal excuse.
8. Harassment of traders and shopkeepers by unwarranted repeat visitation by police patrols.
9. Unwarranted use of move on powers (LEPRA).
10. ‘Police directions’ being used to thwart lawful recording of police operations being undertaken by third parties (or interested engaged parties) in pursuit of substantiate (existing corporeal) common law liberties.
11. Allegations of individuals stopped at stationary roadblocks being ‘warned off’ the event.
12. Allegations of heavy handed physical handling of and/or abusive language directed at indigenous residents and attendees by police.
13. Allegations of heavy handed physical handling of and/or abusive language directed at particular residents of Nimbin by police.
Regardless of the fact situations underlying these many reports – the existence of these reports points to a need to inform the Police that cognizance of these reports is incorporated within the methodology of observation being utilised at this event.
How?
The CLOG Team is taking advice from practicing legal practitioners, legal scholars, academics, and activists, on the statutes that are applicable to police behaviour at the event (LEPRA, Summary Offences, Drugs Misuse and Trafficking, Crimes, &c). According to this advice and relating to the reports of actual incidents at past events this these guidelines have been drawn up.
The CLOG team will employ Prudential Observation methods at this years MardiGrass.
What does Prudential Observation mean (in simplistic terms)?
Before the event,
Meeting the police commanders and,
Letting the police know who will be watching them and when
Letting the police know why they will be watched
Letting the police know how they will be watched
During the event,
Watching the watchers (according to a prescribed methodology),
Providing (3) summary reports (daily at 9pm),
After the event,
Providing a final compendium report (to be widely distributed).
How does Prudential Observation work?
The motto of this year’s CLOG is:
all violence is counter-productive
informed observers make better coppers
better coppers make fewer arrests
It really is as simple as that.
Academic studies have demonstrated that when people are conscious of being observed they tend towards being ‘better’ behaviour.
¯ When kids are supervised they are better behaved.
¯ When prisoners think they are being observed (even without being able to confirm it as when peepholes, video cameras, one way glass etc are being employed) they are better behaved.
¯ When Police believe they are being watched they are better behaved.
In fact, prudential observation assists police in maintaining high levels of integrity and professionalism: when the police brass can point to a credible observer group it often prompts better behavior.
The Nimbin MardiGrass 2010 CLOG will be tasked with observing and documenting police conduct in the lead-up to and during course of the event.
PRINCIPLES & PRACTICES
Prudential Observation is undertaken by:
1. an impartial and informed group,
2. in liaison with all interested parties,
3. observing and documenting police activity,
4. in a rigorous and systematic manner.
1. an impartial and informed group,
Keep any opinions to yourself: whilst in the field CLOG operatives have no opinions and offer no judgments (they only inform - observe – ask – assess – then inscribe; see below) When observing Police engaged in their duties it is essential that observers retain a professional detachment from events and individuals being observed. CLOG (as an institution) will later provide commentary and informed assessment regarding particular events if it is deemed appropriate – individual CLOG operatives will remain passive observers in all circumstances and offer no opinion outside of formal channels.
2. in liaison with all interested parties,
It is essential that CLOG team members retain a professional and courteous demeanor at all times with all parties; CLOG cannot demonstrate any operational bias or be perceived as being simply a ‘police bashing’ exercise. If asked about any particular event or issue by any member of the Police, Jungle Patrol, Polite Force, or any Attendee at the event, CLOG members will direct the person to the Town Hall Information Booth and will refrain from making comment.
3. observing and documenting police activity, AND
4. in a rigorous and systematic manner
VIA inform - observe – ask – assess – then inscribe
1st comes the act of INFORMING those observed of the fact that they are being observed and of the methodology of observation being employed by the CLOG team. Much of this work will have been done prior to the event via our liaison channels with all interested parties. In the field CLOG members need only pass out their pre-printed CLOG InfoSheet’s and their personal CLOG Observer Identity & Info Sheet (this is to entirely obviate any difficulties that might arise relating to LEPRA s11 requests by the Police – see appended notes). These printed materials will be provided.
2nd comes OBSERVING. Prudential Observation works best when those being observed simply modify their behaviour due to the rigour of the observation. To this end it is essential that CLOG operatives attempt to be as highly visible as possible. Observe all lawful directions but do not be inhibited from shadowing the Police closely. Be polite and professional but also alert, observant, and (physically but not verbally) assertive.
3rd come the need to ASK attendees and Police for Information. Use your best judgement. We have been assured that all Police in attendance at the event will be wearing identification (name and/or number). If this identification is not apparent then CLOG team members are encouraged to request this information. All Police Force members who are not wearing identification will be photographed and then asked at frequent intervals (every 2-3 hours) both a) what their name and number is and, b) why they are not wearing identification.
4th CLOG operatives will have ASSESS each situation they encounter and use their own judgement as to whether to turn from an Observation Sheet to an Incident Sheet; once this decision is made the Incident Sheet requires a number of objective assessments to be made.
5th finally, information is INSCRIBED in a particular fashion and relating to particular criteria on the Observation Sheets and Incident Sheets carried by the CLOG team. This process provides for the systemic and objective observations made in the field to be collected, collated, and assessed in the office. This material will then be used to provide daily reports to all parties regarding the status of the policing of the event as well as providing the basis for the final report relating to the event which will be forwarded to all parties as well as the NSW Ombudsman (Police Department), & the NSW Council of Civil Liberties.
All CLOG members will receive full training the observations required, the assessments that must be made, and the details relating to filling in the various forms.
When confronted by an attendee or a policeman remember your five ‘D’s’:
1. If you can you might DISTRACT a misguided confronter from their issue (‘Hey look at that incredibly interesting thing over there!’ ‘Here’s a copy of our InfoSheet; have you seen our website? It’s awesome.’)
If your confronter may have a genuine grievance then:
2. DIRECT them to make a submission at our Town Hall booth: or,
3. DEFER them to another authority then as one being able to do more than observe and comment (Jungle Patrol, Police etc and then point them in that direction – but only if they have a genuine grievance). All the while remember to,
4. DE-ESCALATE any possible confrontation by being entirely non-committal and non-judgmental and:
5. DISENGAGE (verbally) and physically (ie, retreat) from any possible confrontation.
On the Street CLOG Operatives:
- will retain an air of professionalism,
- will always remain in groups of two or more,
- will always wear a CLOG tee-shirt,
- will never carry cannabis or other illicit materials,
- will not be stoned or drunk,
- will not accept drugs or alcohol from anyone,
- will not discuss CLOG incidents (with outsiders),
- will sign and date all forms,
- will be prompt showing up for their shifts, and,
- will always be cheerful, polite, and non-committal (five d’s).
AS A CLOG TEAM MEMBER: YOU HAVE ACCEPTED AN OFFICE OF TRUST & WILL BE EXPECTED TO BEHAVE IN AN APPROPRIATE MANNER WHILE YOU ARE ‘ON DUTY’.
AS A VALUED GUEST OF THE 2010 MARDIGRASS: YOU WILL BE EXPECTED TO HAVE A HELLUVA GOOD TIME WHEN YOU ARE OFF DUTY.
We will even have several special CLOG MOMENTS during the event including:
¯ an early Saturday morning (7-7.45am) breakfast (location TBA – probably at the Town Hall) featuring a briefing from Steve Bolt (our principal legal advisor) “Hi Steve and a big yeaahhh from the team.
¯ a get-together of every CLOG member at a JAG BBQ from 11-12 on Saturday at Mingle Park (during this time we will have shifts relieving the people manning our booth so everyone can come to the party for at least a little while). At this event we will introduce all the CLOG team to the crowd.
¯ The Hemp Olympix where we will be fully involved (I expect an undercover CLOG team to participate).
¯ CLOG have been grateful to receive particular invitations for members of our team to attend several of the MardiGrass events – we will put up a detailed list of these events at our home camp (which is firming up as being in a large tent out the back of the Hemp Embassy. Chris Osbourne (ex of the Australian Army and an officer of LEXUS has agreed to look after our camp 24/7 – big cheers for Chris).
A big Hello to Ashleigh (of the LEXUS Management committee) who will be our TOWN CENTRE Team Leader. (please send me an email immediately Ash)
More to follow, stay tuned…
CLOG ☼ 2010 GUIDE TO [not] GETTING BUSTED at MardiGrass.
These notes are provided for all the MardiGrass Community and will be distributed in a redacted form during the event.
SOME NOTES ON POLICE WRANGLING
If you can: politely avoid the police.
Do I have to give police my name and address?
Not normally but there are situations where you must provide your identity (your name, address, DOB). They include:
¯ when driving and
(i) suspected of a traffic offence (eg speeding); or
(ii) you refuse a breath test;
¯ when you own or are driving a car and police ‘reasonably suspect’ it’s use in a crime;
¯ if under 18 and police ‘reasonably suspect’ you of carrying or consuming alcohol in a public place;
¯ if police ‘reasonably believe’ you have witnessed a serious crime;
¯ when police are trying to serve a ‘fine default warrant’; and
¯ after arrest.
When you can’t avoid talking to a copper: pause and think, and then be non-committal.
When can police tell me to stop doing something or ‘move on’?
The police cannot make an arbitrary order but in ‘public places’ and in schools, police can give a ‘reasonable directions’ (ie fair orders) to cease doing something or to ‘move on’ but only if they ‘reasonably believe’ you are:
¯ obstructing people or traffic;
¯ harassing or intimidating people;
¯ acting in a way that could cause fear to other people (whether or not there are actually other people there); or
¯ possessing, receiving or supplying drugs, or intending to do so.
The ‘direction’ will be ‘reasonable’ if it is aimed at stopping the behaviour.
Before giving the ‘reasonable direction’, police must do four things:
1. show evidence that they are police (unless they are in uniform);
2. tell you their name and police station;
3. tell you why they are giving the direction; and
4. warn you that it may be an offence to disobey.
If you don’t obey the direction straight away, police must repeat the direction before they can give you an on-the-spot fine or charge you. If you are charged or refuse to pay the fine, the Magistrate in Court will decide whether or not you are guilty. In reaching a decision, the Magistrate will consider whether the direction was reasonable and also whether police did the four things listed above.
Finally, the meaning of ‘public place’ is quite broad; including roads, footpaths, car parks, trains, train stations, parks, reserves, beaches, pools, youth centres, some shops and their surroundings, shopping centres, cinemas and entertainment complexes. ‘Public place’ does not include people’s own homes or yards.
What if a direction is unfair or unreasonable?
If you believe that the police direction is unfair or that police haven’t followed the rules, you have two options:
1. you can obey the direction and complain later
(lodge a formal complaint with the NSW Ombudsman) ; or
2. you can refuse to obey. If you refuse and police fine you, you can elect not to pay the fine and instead defend the matter in Court. The Magistrate will then decide whether you were right or wrong to disobey the direction. In doing so, he or she will consider whether the direction was reasonable and also whether police did the four things previously listed.
What if you are not in a ‘public place’?
Where you are on ‘private property’, the owner or occupier (an ‘occupier’ is someone who rents a place, such as a tenant) can tell you to leave. If you don’t leave, police can charge you with remaining on inclosed lands (also called ‘trespassing’). ‘Inclosed lands’ are:
¯ the inside of buildings;
¯ any other parts of buildings (eg steps, wall, fence or pathway); and
¯ any other place inside the boundaries of land or property.
You are not obliged to say anything: so don’t! Provide only your name – DOB – and address. Provide information grudgingly and only upon request. Never surrender extra information. Say: ‘don’t know sir’, ‘don’t know them sir’, ‘didn’t see sir’, ‘wasn’t [t]here sir’. ‘Yes sir’. ‘No sir’.
Be polite but stay silent. Talking to Mr Policeman is always bad for your legal health. If in doubt: shut up! If not in doubt: shut up! In fact: just shut the fuck up!
If you have to say something then politely use a non-committal stock phrase like: ‘I don’t know sir’ or ‘Maybe sir’.
Pretend you are stupid. (Polite but incredibly stupid and non-communicative.)
Can I have someone with me when questioned by police on the street?
Yes. Police will often tell family and friends to move away. In law if your family/friends are not interfering with police and you have not yet been arrested, the police can’t legally force them to leave. In practice it is always best to avoid angering police so, unless the individual being searched or questioned is vulnerable (a child etc) it is best to obey the direction provided by the police.
Do I have to go with police if I haven’t been arrested?
No. You do not need to accompany the police anywhere unless you are under arrest. If you are unsure if you are under arrest then ask. If you haven’t, don’t go back to the police station (or anywhere). There is no offence relating to not accompanying the police and you have every right to refuse to do so.
