BIRTH OF POLICE STATE: UK POLICE GRANTED
SWEEPING POWERS
Syncrencity.com
Syncrencity.com
July 28, 2013 at 2:46 am
The
Birth of a Police State: UK Police to be Granted Sweeping New Powers….
Sorry to Say We Told You So….
LINK to mp3 click -- to LISTEN thru (talks about many
shows) to when he was arrested...
The UK Government is
about to pass legislation which will make any behaviour perceived
to potentially ‘cause
nuisance or annoyance’ a criminal offense. The Anti-Social Behaviour,
Crime and Policing Bill also grants local authorities, police and even
private security firms
sweeping powers to bar
citizens from assembling lawfully in public spaces.
Those who refuse orders under the new rules
will face arrest, fines and even prison time.
The Ever Increasing
Powers
Since the Crime and Disorder Act 1998, which introduced
Anti-Social Behaviour Orders (ASBOs)
the government has
invented and legislated for a litany of such orders covering everything from
dog poo to
drug addiction,
including but not limited to:
- Control
Orders
- Terrorism
Prevention and Investigation Measures Orders
- Intervention
Orders
- Crack
House Closure Orders
- Premise
Closure Orders; Brothel Closure Orders
- Gang
Related Violence Injunctions
- Designated
Public Place Orders
- Special
Interim Management Orders
- Gating
Orders
- Dog
Control Orders
- Letter
Clearing Notices
- Noise
Abatement Orders
- Graffiti/Defacement
Removal Notices
- Directions
to Leave and Dispersal Orders.
The
Anti-Social Behaviour, Crime and Policing Bill, which passed the committee
stage of its progress
through
the House of Commons on Monday 15th July,
purports to simplify this legacy of New Labour’s
legislative promiscuity. In
reality, it creates a series of wildly ambiguous, generic orders which grant
officers
of the state and private sector even greater
powers to issue tougher sentences, with fewer checks and
balances to protect citizens.
Being Annoying is now
Illegal
The
Bill introduces Injunctions to Prevent Nuisance and Annoyance (IPNAS) to
replace ABSO’S.
Almost no one will be
sad to say goodbye to ASBO’s. The orders, designed to allow police to tackle
anti-social
behavior, simply became
a means of criminalising youthful indiscretion – and eventually a means of
criminalising
anything people found
annoying. Some of the bizarre abuses of this power include:
- Stuart
Hunt of Loch Ness brought to court 100 times since 2007 for breaching an ASBO preventing him
from laughing, staring or slow hand clapping.
- Homeless,
alcoholic and mentally ill Michael Gilligan given a 99 year ASBO rather than
the welfare support that might have made a difference
- A
profoundly deaf 17 year old girl given an ASBO and a jail
sentence for spitting in the street
- A 13 year old banned from using the word ‘grass’ in
England or Wales
- Manchester Council applied an ASBO to prevent a
mobile soup kitchen from feeding the homeless
- Councils placing ASBOs on homeless people resulting in prison
sentences for begging ‘earnestly and humbly’
- An 87 year old man was given an ASBO threatening a
prison sentence if he was sarcastic to his neighbours.
The ASBO has allowed the
line between criminal behavior and annoying behavior to become hopelessly
blurred –
and the IPNAs will only
serve to increase the problem. We have seen the abuses permitted under ASBO
legislation,
the test for which
included wording to the effect that ASBOs could only be issued where an actual
act of ‘harassment,
alarm or distress’ had
occurred. IPNAs have a much weaker test, applicable where on the ‘balance of
probabilities’ a
person
has or might engage in behavior ‘capable of causing annoyance’ to another
person.
How many times a day
could this legislation apply to any of us?
Eating with our mouths open, talking too loudly
into our phones in a public space, walking too slowly or
quickly or belching without saying ‘pardon me’.
All of this may very well cause annoyance – but soon it
might
well also be illegal.
The orders can be issued
to anyone aged 10 or over (and we all know how well 10 year olds are at being
annoying),
and there is no limit on
how long an IPNA can be applied to a person for. A person could receive an IPNA
aged 10 and
retain it their entire
life.
Whereas an ASBO could
only desist the subject from certain actions, the IPNA includes ‘positive
obligations’ (p10). This
means the subject of an
IPNA can be found in breach not simply for doing things they have been banned
from doing,
but from not doing
things that the IPNA states they must. This makes an IPNA much closer to
probation and other
post-conviction
arrangements than a civil order.
An IPNA can be applied
for by Local Authorities, police, some transport bodies and some NHS
authorities.
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