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Britain’s Labour government has given police unprecedented powers
of arrest for any criminal offence whatsoever, even minor misdemeanours. Civil
rights groups have denounced the new law as akin to a police-state measure.
The elimination of the distinction between “arrestable”
and “non-arrestable” offences is part of the Serious and Organised
Crime Act of 2005 and came into effect January 1.
Previously police only had the power to arrest those suspected of committing
an offence carrying a sentence of at least five years in prison. Now, police
are able to hold anyone they suspect of any offence, even something as minor
as littering—giving them the power to harass and intimidate virtually
at will. Officers will merely have to satisfy themselves of “a person’s
involvement or suspected involvement or attempted involvement in the commission
of a criminal offence,” and that there are “reasonable grounds for
believing that the person’s arrest is necessary.”
Additionally, police are now allowed to photograph suspects on the street where
they have been arrested or issued with a fixed penalty notice, rather than taking
them back to a police station. This can be used to build up a digital photographic
database using the simple expediency of charging someone with a minor violation,
or even giving them a fixed penalty notice. The photo can be kept on file even
if the person is found not guilty in court. DNA samples and fingerprints can
also be kept.
Last year, the Serious Organised Crime and Police Act was used to mount a major
attack on freedom of speech, when Maya Evans was convicted for having staged
an unauthorised antiwar protest near the Cenotaph war memorial—reading
out the names of British soldiers who died in Iraq. The law was described by
the Telegraph newspaper as “the biggest expansion in decades of police
powers to deprive people of their liberty.”
Opposing the new powers of arrest, Shami Chakrabarti of Liberty said they represented
“a fundamental shift” in power from the public to the police and
the state. “We don’t need to give the police carte blanche to go
around throwing people in cells for things like dropping litter,” she
said. “Anyone who gives a bit of backchat now risks being hauled off to
a police station. Given the history of powers such as stop and search, there
will also be the perception among ethnic minorities that they are being targeted.”
As an example of the police abusing their sweeping powers of arrest, Chakrabarti
recalled the ejection from last year’s Labour conference of 82-year-old
Walter Wolfgang and his detention under the Terrorism Act. But this is only
the most notorious example. In fact, more than 600 people were stopped and questioned
under anti-terror legislation during the Labour Party conference. None were
charged with any offence, but some were detained for merely wearing anti-Iraq-war
T-shirts.
More than 10,000 people were stopped and searched by the Metropolitan Police
in just two months following the July 7 terror bombs in London, with no one
being arrested or charged for offences related to terrorism, the Guardian has
reported. The figure reflect a five-fold increase for white people and a twelve-fold
increase for Asian and black people.
Other new powers contained in the Serious Organised Crime and Police Act include
allowing the police to apply for “multi-premises” and “all-premises”
warrants, repeated entry warrants and for extending the lifetime of warrants
from one month to three months.
The sweeping character of the new law again gives the lie to the claim that
the ongoing assault on fundamental civil liberties is made necessary by the
threat of terrorism. Rather the “fight against terrorism” is one
plank of a campaign to instil fear into the population in order to encourage
acceptance of ever more draconian powers for the state.
The other plank is provided by claims that crime is out of control and cannot
be fought by using what Prime Minister Tony Blair decried as “Dickensian”
legislation. Home Office Minister Hazel Blears used the same type of rhetoric
in her attempt to justify the new powers of arrest, insisting that they were
necessary to create “a modern, efficient police service equipping frontline
officers with the tools they need to fight modern crime effectively.”
Whatever excuse is given, the real targets of the repressive measures are the
millions of working people who are suffering as a result of the pro-big business
agenda of the government and are therefore seen as a growing social and political
threat to the ruling elite.
In the run-up to Christmas, the Independent newspaper drew attention to another
grave threat to civil liberties that highlights this fact.
Science editor Steve Connor wrote on December 22 that Britain is to become
the first country in which the movements of all vehicles are recorded. By March,
a new national surveillance system will be set up using a network of thousands
of CCTV cameras that will be equipped to automatically read every passing number
plate. Records of all 35 million number-plated vehicles travelling on all main
roads and motorways will then be held for years on a central database installed
alongside the Police National Computer in Hendon, north London.
Connor writes that the scheme, which has never been subject to parliamentary
approval, is being “orchestrated by the Association of Chief Police Officers
(ACPO) and has the full backing of ministers who have sanctioned the spending
of £24m this year on equipment.”
More than 50 local authorities have signed agreements allowing the police to
convert existing traffic cameras to the new system and agreements are also being
brokered with the Highways Agency, supermarkets and petrol station owners. MI5
will also be able to access the data.
British workers suffer the heaviest levels of electronic surveillance in the
world. Britain accounts for one fifth of the world’s CCTV cameras, with
well over 4 million in operation--one for every 14 people. City residents can
expect to be captured on CCTV up to 300 times a day.