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What happens when you go to a protest? You expect to raise your voice, hold a sign, and return home. Suddenly, you get arrested. Your mind starts racing and wondering about what happens next. More importantly, you might wonder about what your rights are and what you are allowed to do. Before you participate in a protest, you might want to understand your rights first. If you need legal help after an arrest, speaking to criminal solicitors Southampton, Portsmouth, or wherever you may live, can help.
As you know, I regularly go to environmental protests, so I try to do my research on the legalities that are changing day-by-day lately. Or it feels like. Although most protests are a pleasant, family-friendly gatherings (I never knew it otherwise), all of us attending, especially with children needs to be aware of the legislations around environmental protests.
All the protest I have attended in the past were safe, full of nature lovers and friendly families. However, at the moment, things are different, unfortunately. I thought I add a few fun photos to this post, because this is how it used to be.
So, love & rage, keep going but read this, because it might be helpful.
Understand What Arrest Actually Means
You should know that being arrested does not automatically mean that you have committed some sort of crime. It means that the police believe they have moral grounds to arrest you. Usually, they do so because they suspect you have committed some sort of offence. An officer must tell you why you are under arrest. You should never have to guess what and why it is happening.
This is where the importance of staying calm comes in. You can calmly ask why you are being arrested. However, keep in mind that an arrest is never a conviction.
You Have Rights at the Police Station
After you have been taken to the police station, you still have rights and protections. You have the right to legal advice, most importantly. You can ask a solicitor before answering any questions. You should leverage this right. This is especially true if you are confused about why you have been arrested.
Similarly, you have the right to know where you are.
The police must follow rules about how long they can keep you.
Never assume that asking for a solicitor will make you look guilty. Legal advice is designed to help you understand the process and protect your rights.
Be Extremely Careful About What You Say
Understandably, a protest can be an emotional experience. This is why you might feel frustrated, frightened, even angry after your arrest. However, the police arrest and interview are the worst place to try to win an argument. Your solicitor might be able to guide you about whether or not you should answer questions, remain silent, or give information.
It is worth mentioning here that the smallest details can matter. What were you doing? What were you holding? Were you given instructions by an officer? If you have recordings of the protest, do not delete anything.
Your Rights Never End When You Speak About Climate Action
You must understand the important distinction between peaceful environmental campaigning and committing a crime.
People can support climate action in different ways.
They might join a march to make sustainable fashion choices. They might join a protest to reduce waste or encourage businesses to change their practices. If your intentions are peaceful, it does not automatically mean that every action at the protest is lawful. Depending on what happens, issues might arise, including:
- Failing to follow a police direction
- Trespassing
- Obstruction
- Criminal damage
Things To Do After You Are Released
Being released from police custody can feel like a big relief.
However, do not automatically assume that the matter is over. Now, you might have gotten released without a criminal charge. You can be released while the police continue their investigation. You might be released while charged with an offence. After your release, you will receive paperwork. This paperwork comprises information about what might happen next.
We recommend keeping every paper you are given.
Write down what you remember about the potential arrest. Write them down while they are still fresh in your mind. Jot down the location, time, what happened before the arrest, and what police said. Also, write down whether anyone witnessed the arrest.
Know The Law
Now you know that getting arrested at an environmental protest can be confusing and frightening. This is especially true if you have never dealt with an arrest or the police before. That said, it is in your best interest to stay calm. Know your rights. Get in touch with a law expert and get proper advice. This way, you will have legal protections from the very moment you are arrested.
Disclaimer
Please be advised that this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you are facing issues regarding an arrest at an environmental protest in the UK.