Protest Defence Law Solicitors
If you've been arrested at a protest, or anticipate the possibility of arrest at a planned demonstration, it's crucial to be aware of your legal rights, the arrest process, potential charges, and your defence options. A criminal conviction resulting from such situations can significantly impact your life, affecting job opportunities and even your ability to travel internationally. Seeking proper legal support is essential to either avoid criminal charges altogether or minimise the potential penalties upon conviction, ensuring that everything is done to minimise the long-term consequences.
At Draycott Browne, we have over 20 years of expertise, specialising in advising and representing individuals facing various criminal charges, including those related to protest arrests. Recognising the fear and anxiety that such situations can bring, our team provides clear legal guidance and empathetic personal support to help navigate through this challenging time. In many instances, we have successfully secured acquittals at early stages, preventing charges or prosecutions.
Our criminal defence team is ready to assist you at every stage of legal proceedings, starting from the point of arrest. If you have concerns about potential charges before a protest, we are here to provide proactive advice and guidance. Your rights and future are important, and having the right legal support can make a significant difference if you are arrested for protesting.
What should i do if I’ve been arrested at a protest?
Being arrested at a protest can be intimidating, especially if this is your first experience with the police, but it’s important to stay calm and know your rights.
When you find yourself at the point of arrest, the arresting officers have specific obligations. They are required to inform you that they are police officers, disclose the reason for your arrest, specify the alleged offences, explain why the arrest is necessary, and make it clear that you are not free to leave. Additionally, they must issue a caution stating: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
During the arrest process, the police have the authority to conduct a search, employ 'reasonable force' if faced with resistance, attempts to escape, or violent behaviour, and, if deemed appropriate, handcuff you.
Following the arrest, the typical procedure involves being transported to a police station, where you will be held in custody, often in a cell, and then brought for an interview. We strongly advise that you seek expert legal representation from a solicitor who specialises in this area of law, rather than relying on the duty solicitor offered to you. Understanding your rights and the arrest process is crucial in such situations. If you need advice relating to your rights or need urgent representation, contact Draycott Browne as soon as possible so that we can ensure that nothing is said or done that might jeopardise your case.
what are my protest rights?
While you are waiting for legal counsel, we recommend that you know your rights, and there are three main points that you need to keep in mind.
- You do not have to answer any questions asked by the police, and in fact, it is strongly recommended that you do not speak to them at all until you have a solicitor present. We recommend answering "no comment" to all questions that you are asked until you have taken advice from an experienced solicitor. You may not think that answering a seemingly innocuous question would be harmful, but everything you say can be used as evidence against you.
- Avoid the duty solicitor. The solicitor at the police station may not give you the best advice and almost certainly won’t specialise in the laws around protesting. Use a trusted solicitor, ideally one with experience in this specific area.
- Never accept a caution - the police might offer to let you go with a caution, but this is rarely in your best interests. It's an admission of guilt and will stay on your record.
What might I be charged with if i am arrested at a protest?
Engaging in a protest can lead to various potential charges, depending on the circumstances of each particular protest. Protesters are commonly charged with:
- Breach of section 14 of the Public Order Act 1986: (maximum sentence: fine of up to £1,000)
- Public Nuisance: (maximum sentence: life imprisonment for the most serious cases involving danger to life)
- Criminal damage: (6 months' imprisonment for damage is valued at less than £5,000, 10 years' imprisonment if more)
- Aggravated trespass: (maximum sentence: 3 months' imprisonment and/or a £2,500 fine)
- Assault: (maximum sentence: 6 months’ imprisonment)
- Obstructing a highway: (maximum sentence: £1,000 fine)
- Obstructing a police officer in the execution of their duties: (maximum sentence: 1 month's imprisonment and/or a £1,000 fine )
The penalties for these offences vary depending on the circumstances. It's essential to be aware of potential consequences when participating in a protest.
what happens if i am arrested for Breach of the Peace?
If you are arrested for a 'breach of the peace', it’s important to know that this is not a criminal offence, and as such you do not need to provide personal details, fingerprints, or DNA. You may be detained overnight and then face a judge to be 'bound over,' which means that you agree to keep the peace for a specified time. Whilst this isn’t a criminal conviction and won't result in a police record, failure to comply with the judge's terms may lead to jail for contempt of court.
What will happen next if i am arrested at a protest?
If you are arrested at a protest, there are several potential outcomes. After your initial police interview, one of the following will happen:
- You are released unconditionally, or let go, with no further action to be taken.
- You are Released Under Investigation (RUI). This is common when the police are not ready to charge; RUI has no conditions, which allows the police time to decide what to do. If investigating a 'summary' offence heard in a magistrates' court, the investigation can last six months, after which time you must either be charged, or released without further action.
- You are released on pre-charge bail: You are released, but you may be summoned for a court hearing. While on bail there may be conditions that you need to adhere to, although you may be able to challenge these conditions, particularly if they have been applied to many people at the same time.
- You may be charged with a specific offence. If charged you may be held in custody to be brought into court as soon as possible, which may happen if you reject bail terms, or police think that you might attempt to flee the country.
- You are bailed to return to the same police station following further inquiries – this often happens when the police need to gather more information to make the decision on whether to charge you. Bail conditions may also apply.
- If you are under the age of 18, the police may initially Release you Under Investigation, but rather than charging you, they may then refer you to the Youth Offending Team (YOT) The YOT is independent from the police, and they will want to work with you to prevent further offending. However, if they feel that your case is too serious, they may refer you back to the police.
It's important to bear in mind that if released with no further action, under investigation, or on pre-charge bail, there is a possibility of being rearrested or summoned to a court hearing at any time.
If you are released on bail in order to attend court at a future date, it is wise to take a proactive approach to representation to achieve the best possible outcome. Taking skilful legal advice ahead of time can help to minimise the impact of prolonged legal proceedings and potentially reduce the charges or penalties you may face.
Why choose Draycott Browne?
Choosing the right legal representation is crucial when facing arrest for protesting, and Draycott Browne stand out as a reliable choice for several reasons. With over 20 years of experience as one of the country's leading criminal defence firms, Draycott Browne bring a wealth of expertise in handling a broad range of criminal charges, including those related to protests. We know that being arrested can be a daunting experience, so we offer clear legal advice and support to make facing arrest and charges as bearable as possible. The firm's commitment to providing expert counsel is evident in its ability to secure acquittals at early stages, helping clients avoid charges or prosecutions.
Draycott Browne recognise the importance of proactive early-stage representation, with the aim of reducing charges or penalties. Whether you are released under investigation, facing bail conditions, or charged with specific offences related to a protest, we have the experience, knowledge, and dedication to provide outstanding legal support tailored to each case. If you have questions or would like to discuss your situation around protest law, reach out to us today.
CONTACT DRAYCOTT BROWNE TODAY
Our team of dedicated General Crime Solicitors have years of experience in dealing with protest law cases. We are professional in our approach, and will not leave any stone unturned. When arrested whilst protesting it is vital to seek an expert who can best advise you on what to do, which we can provide at Draycott Browne.
Our Criminal Law Solicitors in Manchester are highly reputable within the law industry for our in-depth technical knowledge and providing high-quality legal representation. We have an attention to detail which is second to none, so you can count on us to create a strong and effective defence for you.
There can be a lot at stake following your arrest, which is why you cannot settle for anything less than Draycott Browne. We are a leading Criminal Law Defence Firm and can help you with your case. Get in touch today and one of our experienced solicitors will be in touch.