back to:        freepeople        info & campaigns        links

Guide to Section 60 - relatively new police powers of search in UK

Section 60 is a relatively new police power and they seem to like playing with it at the moment. It is what they used to cordon people in Oxford Circus on May Day and most recently was used to cordon people outside the Italian embassy in London when people turned up to show their feelings about the italian police murdering protestors.

In both these cases they were mass actions (there were at least 200 people outside the embassy), but I have seen this power used on other occasions. One was while people walked round the streets of manchester in small groups on election day, while the other was on an anti tarmac action in the peaks and they pulled our vans over. In all the cases the section 60 applies to an area and the police can search anybody in it. If they want to do this to a lot of people then they can cordon you in and do it one by one.

One tip I would add to the guide below is that it is often easier to be polite to the copper searching you. If you are generaly friendly, but show that you know the law with regard to the points below then you should get away fine. I know of one person who really tried to argue the toss on some points with pigs about section 60 and they promptly used another power and nicked him. Remeber that in a lot of these situations the pigs are very frustrated because they have lost control. Section 60 is about them asserting themselves so that is why I think being friendly is a good way to go. That said on the first mayday I believe all the people section 60'ed in parliment square (on the gardening action and not elsewhere) demanded to be released from the cordon, and by acting together they were able to do so.

Of course they can make out that quite a lot of things are weapons, so unless you do want to use them, given that this power is being used and abused a lot, it would seem sensible to er on the side of caution, and not take anything that could be construed as a weapon. I know of people arrested for key rings and for a pair of garden secaturs (the small kind for pruning bushes, with gaurds around the blades).

Personally I think the fact that police get new toys and powers to use against us is a sign of encouragement. It means we are actualy getting somewhere. Don't be afraid of them and do not let anything like this put you of!

Now at last here is the report as promised:

In the event of an S60 order being issued, these are the important things to remember:

1. The police have the power to search you for weapons (and dangerous instruments). They have no other powers under S60. They can only detain you "for as long as necessary to carry out a search".

2. They have no legal power to force you to give them your name and address. UNDER NO CIRCUMSTANCES give it to them: it will be kept on file for SEVEN years. When asked, say "NO COMMENT".

3. They have no legal power to force you to have your photograph taken. Do not allow them to do this. This too will be kept on file for SEVEN years. Keep your head turned away, or put your hand in front of your face.

4. They have no legal power to ask you to remove any item of clothing in public view, OTHER THAN that which is concealing your identity. Any facial masking can be confiscated., If you are asked to remove coats/jumpers etc, REFUSE OUTRIGHT.

5. They have no legal power to search wallets, purses, inside small pockets etc. This is an S60 search, for weapons only. If they ask to search wallets, purses, inside small pockets etc, REFUSE OUTRIGHT.

6. If you have a bag they will search that, but again for weapons only. Any other items, documents, potentially incriminating articles are OFF LIMITS. Do not allow them to examine any of your personal possessions (cash cards, student cards, diaries, organisers etc). This is not part of S60. Under Article 8 of the UK Human Rights Act 1998 your privacy is assured. Make sure they know this. They can only confiscate weapons and facial masking.

7. They have the power to use "reasonable force" but ONLY if you do not submit to a search. No other force can be used for any other purpose.

8. They must tell you their name, number, station they're based at the reason for the search. Ask them for this. Not only will it piss them, off but if they don't provide this information the search will be illegal.

Remember: in an S60 situation, you are accused of nothing and you have done nothing wrong. DO NOT ANSWER ANY QUESTIONS, however insignificant or polite. SAY "NO COMMENT" to everything.

Most of all, DON'T BE SCARED BY THEM! They know the law, and now so do you.  USE IT!