CALL OUT – did you accept a caution at last year’s ‘Reclaim the Power’ protest?

24 Apr

Balcombe FrackingWere you arrested in Balcombe in Sussex during the “Reclaim the Power” Day of Action organised by No Dash for Gas on Monday 19 August 2013? 

Did you accept a police caution to secure your release?

Cautions always remain on a person’s record unless there are exceptional circumstances why they should be removed. Examples include a finding that the original arrest was unlawful or where it was found beyond all doubt that no offence existed.

The recent trial of other activists arrested at Balcombe, for obstructing the highway and breaches of section 14 of the Public Order Act (imposing conditions on a public assembly), resulted in not-guilty verdicts. Significantly, the trial judge found in his judgement [PDF] that the Section 14 notice itself was invalid.

We are therefore keen to track down anyone who accepted a caution on the day, particularly for Section 14. Whilst there are no guarantees of success, Kelly’s Solicitors in Brighton, who defended the Balcombe activists, are willing to contact Sussex Police and ask that the cautions are overturned.

If you did accept a caution and want to see if it can be removed, please contact Green & Black Cross at gbclegal@riseup.net indicating your willingness to pass on your details to Kelly’s.

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3 Responses to “CALL OUT – did you accept a caution at last year’s ‘Reclaim the Power’ protest?”

  1. ACAB 24/04/2014 at 17:22 #

    It is not just cautions: Subject Access Requests include details of all convictions/cautions/reprimands/warnings held on Police computers!

  2. Nigel 25/04/2014 at 02:16 #

    Did Judge Pattinson actually rule that the Section 14 was unlawful? I thought he basically said that it was inappropriate, but didn’t officially declare it unlawful. I never truly understand legal mumbo jumbo, but some clarification would be good. Thanks.

  3. Sheogorath 11/05/2014 at 04:44 #

    @ Nigel: You’re correct, the judge did say that the Section 14 was inappropriate, which means that anybody who accepted a caution under it at the time was wrongfully convicted. Of course, that doesn’t mean the police can’t try to convict those who were there under alternative charges, but with the public money that’s already been spent on this, the CPS are likely to say, “Sack it. What if they’re found not guilty again?”

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