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KNOW YOUR RIGHTS
These resources provide a crucial overview of what you need to know should you encounter various counter-terror powers. If you or someone you know are directly impacted, then please contact our helpline for further help and support.
Arrests
What do I do if I am arrested under terrorism legislation?
● Stay calm and collected.
● Cooperate with police in your arrest - do not resist.
● Remember that being arrested does not automatically mean that you will be charged, let alone convicted of an offence - and arrest does not equate to guilt.
● Cooperate with police in your arrest - do not resist.
● Remember that being arrested does not automatically mean that you will be charged, let alone convicted of an offence - and arrest does not equate to guilt.
What should I expect to happen?
When you are arrested:
- The police should tell you that you are being arrested, what you are being arrested for, and why your arrest is necessary.
- They must caution you using the following words: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
- They may use reasonable force to arrest you, which can include the use of handcuffs.You will be interviewed by the police, usually at a police station.
At the police station:
- You have the right to inform someone about your arrest. You may want your solicitor to contact your family if you feel speaking to them will leave you or them distressed.
-You have the right to legal advice. We advise asking the police to contact a solicitor you know and trust, or a firm that specialises in terrorism allegations at the first available opportunity.
Do not answer any questions without the presence of your solicitor.
You should comply with requests to take your DNA and photos, but be aware that these could become public.
Women do not have to remove their headscarf for photos.
- The police should tell you that you are being arrested, what you are being arrested for, and why your arrest is necessary.
- They must caution you using the following words: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
- They may use reasonable force to arrest you, which can include the use of handcuffs.You will be interviewed by the police, usually at a police station.
At the police station:
- You have the right to inform someone about your arrest. You may want your solicitor to contact your family if you feel speaking to them will leave you or them distressed.
-You have the right to legal advice. We advise asking the police to contact a solicitor you know and trust, or a firm that specialises in terrorism allegations at the first available opportunity.
Do not answer any questions without the presence of your solicitor.
You should comply with requests to take your DNA and photos, but be aware that these could become public.
Women do not have to remove their headscarf for photos.
How to behave at a police station?
● Remain calm and courteous.
● Remain cautious of “innocent” chitchat that could be used to profile you.
● Use this time to rest, pray or calm your nerves.
● You can request a prayer mat and a Quran once in a cell.
● You will also receive meals at allocated times and have the right to water at any time.
● Remain cautious of “innocent” chitchat that could be used to profile you.
● Use this time to rest, pray or calm your nerves.
● You can request a prayer mat and a Quran once in a cell.
● You will also receive meals at allocated times and have the right to water at any time.
Can the police stop me from contacting others?
The police can only refuse your request in circumstances where the police have ‘reasonable grounds’ to believe other suspects may be informed or evidence may be interfered with.
How long can I be kept?
You can be held without charge for up to 14 days if you are arrested under the Terrorism Act 2000.
Are solicitors free?
You have the right to free legal advice. The lawyers CAGE recommends all have legal aid contracts. If you do not request a specific lawyer, you can still be assisted by a “duty solicitor”, however where possible, a trusted solicitor who specialises in terrorism is always a better option.
Can family members or friends provide a solicitor for someone who has been
arrested?
arrested?
You can contact solicitors and provide them with the details of the person arrested and if known, the station they are being held at. It should be noted that ONLY the person arrested can appoint the solicitor.
Can I be arrested if I am under 18 years of age?
If you are under 18 years of age and are detained by the police, then a parent or guardian should be informed. The police cannot interview you until they are present.
The exception to this is where there is “an immediate risk of harm“ to another person or serious loss/damage to property.
The exception to this is where there is “an immediate risk of harm“ to another person or serious loss/damage to property.
What if I am a vulnerable adult?
If you are a vulnerable adult (i.e. you have a mental illness or some other form of impediment to your ability to understand the implications or significance of what you are told/what you say), you have the same privileges as those under 18 years.
What will happen after?
You may be:
● Charged - in which case you may be held in remand or released on bail
● Released without any further action (NFA)
● Released on (pre-charge) bail with or without conditions, for a maximum period of 9 months
● Released under investigation
● Charged - in which case you may be held in remand or released on bail
● Released without any further action (NFA)
● Released on (pre-charge) bail with or without conditions, for a maximum period of 9 months
● Released under investigation
Take action
● If you or a family member has been arrested, you should contact a solicitor immediately and provide them with details of the arrest.
● Contact CAGE to record your experience and seek advice on the best next steps.
● Contact CAGE to record your experience and seek advice on the best next steps.
MI5 Harassment
Who are MI5?
MI5 is the UK government’s security service. Their ‘official’ role is to protect national security, particularly by combating threats such as terrorism, espionage and sabotage. One of the methods they employ in order to do this is intelligence
gathering.
gathering.
Why would they want to approach me?
MI5 may approach you to gather information or intelligence which could be used against you and/or others. However, being approached by MI5 does not mean that you are under suspicion of any wrongdoing.
Can MI5 arrest me?
No. MI5 are distinct from the police - MI5 does not have the power to arrest individuals. However, they may provide information to the police which could lead to an arrest.
Can MI5 administer a Schedule 7 stop?
No. MI5 officers do not have powers to conduct a Schedule 7 stop. However, they may be present during a stop. You have no obligation to engage them if they are.
Do I have to speak to or meet with MI5 officers?
No. You are under no obligation to speak to MI5 officers, answer any of their questions or meet with them. However, it is important that you seek legal advice from a competent solicitor prior to making this decision.
If I choose to meet them, what should I do?
If a solicitor advises you to meet with MI5 officers, it is vital that the solicitor attends the meeting with you. Do not engage in any “informal chats” with the officers without your solicitor present.
Where might MI5 approach me?
MI5 will most commonly contact you via phone. It is unlikely that they will first approach you in person, however should they do so, this may happen in the course of your daily activities, at home, work or at the airport.
If they approach you at your home, you do not have to let them in.
If they approach you at your home, you do not have to let them in.
What should I do if I am approached by MI5?
STEP 1: You should remain calm and polite. You should ask for the officers’ details and explain that you will be seeking legal advice.
STEP 2: Contact a trusted solicitor to obtain legal advice.
STEP 3: Contact CAGE to record your encounter and understand your rights.
STEP 2: Contact a trusted solicitor to obtain legal advice.
STEP 3: Contact CAGE to record your encounter and understand your rights.
What should I do if I am repeatedly contacted by MI5?
STEP 1: You should inform them that you are uncomfortable with their repeated communications to you and make a note of their details.
STEP 2: Contact CAGE to help draft a written letter of complaint regarding their contact.
STEP 2: Contact CAGE to help draft a written letter of complaint regarding their contact.
PREVENT
What is PREVENT?
PREVENT is the most controversial branch of the government’s wider counter-terrorism strategy, which aims to stop individuals being drawn into terrorism. Since 2015, the PREVENT duty has been imposed as a statutory duty on the public sector, which has led to further resistance to the policy.
What is the PREVENT duty?
Under section 26 of the Counter-Terrorism and Security Act 2015, public bodies must, in the exercise of their functions, have “due regard to the need to prevent people from being drawn into terrorism”.
In practical terms, this results in teachers, social workers, and probation officers making referrals to PREVENT on the basis that they have identified “signs of extremism”.
In practical terms, this results in teachers, social workers, and probation officers making referrals to PREVENT on the basis that they have identified “signs of extremism”.
Who does the duty apply to?
The duty applies to public bodies including: local authorities and social services, the police, prison and probation services, the NHS, and the education sector from pre-school to university.
What is “extremism”?
PREVENT’s existence relies upon the presence of signs of ‘extremism’.
Extremism has not been defined legally. However, the Home Office has defined extremism as “vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs [and] calls for the death of members of our armed forces, whether in this country or overseas.”
Extremism has not been defined legally. However, the Home Office has defined extremism as “vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs [and] calls for the death of members of our armed forces, whether in this country or overseas.”
What is “radicalisation”?
Radicalisation is the process by which people come to support terrorism and extremism and, in some cases, to then participate in terrorist activity.
What are the signs of radicalisation?
The government’s understanding of radicalisation is based on a rudimentary study which we exposed as baseless in our report ‘The Science of Pre-Crime’. Public sector workers must use factors taken from that study to assess if a person is being radicalised, these include:
● Feelings of grievance and injustice
● Feeling under threat
● A need for identity, meaning and belonging
● A desire for status
● A desire for excitement and adventure
● A need to dominate and control others
● Susceptibility to indoctrination
● A desire for political or moral change
● Opportunistic involvement
● Family or friends involvement in extremism
● Being at a transitional time of life
● Being influenced or controlled by a group
● Relevant mental health issues
● Feelings of grievance and injustice
● Feeling under threat
● A need for identity, meaning and belonging
● A desire for status
● A desire for excitement and adventure
● A need to dominate and control others
● Susceptibility to indoctrination
● A desire for political or moral change
● Opportunistic involvement
● Family or friends involvement in extremism
● Being at a transitional time of life
● Being influenced or controlled by a group
● Relevant mental health issues
What is wrong with PREVENT?
There are a number of problems with PREVENT:
● It restricts free speech as any dissent aimed at the government could be deemed extremist.
● PREVENT’s focus on ‘extremist’ ideology has led to normative expressions of Muslim faith and practice to be seen as markers of extremism.
● It creates mistrust between frontline public sector workers (e.g. doctors and teachers) and the public who use these services.
● There is no evidence that ideology is the main driving force which leads to violence.
● PREVENT is accused of dividing, stigmatising and alienating segments of the population, and could end up promoting extremism, rather than countering it.
● It restricts free speech as any dissent aimed at the government could be deemed extremist.
● PREVENT’s focus on ‘extremist’ ideology has led to normative expressions of Muslim faith and practice to be seen as markers of extremism.
● It creates mistrust between frontline public sector workers (e.g. doctors and teachers) and the public who use these services.
● There is no evidence that ideology is the main driving force which leads to violence.
● PREVENT is accused of dividing, stigmatising and alienating segments of the population, and could end up promoting extremism, rather than countering it.
Know Your Rights
CAGE has worked on hundreds of PREVENT cases across the country. PREVENT does not cover a specific area of law, rather it intersects with a number of areas of law. The information below is useful if you have been contacted by someone applying the PREVENT duty or have been subjected to PREVENT type questioning.
● Interaction with PREVENT is generally voluntary.
● If you are subjected to PREVENT type questioning by a PREVENT officer or approached for an ‘informal chat’ by a public sector worker regarding your cultural, political or religious beliefs, only answer once you:
1. Understand who you are speaking to
2. Understand the purpose behind the questions
3. Seek advice
● Contact CAGE for help
● Interaction with PREVENT is generally voluntary.
● If you are subjected to PREVENT type questioning by a PREVENT officer or approached for an ‘informal chat’ by a public sector worker regarding your cultural, political or religious beliefs, only answer once you:
1. Understand who you are speaking to
2. Understand the purpose behind the questions
3. Seek advice
● Contact CAGE for help
Why contact CAGE?
CAGE will help you to:
● Ascertain whether the PREVENT process is being applied
● Clarify why the PREVENT process is being applied
● Help you navigate the process
● Establish whether the public body has taken into consideration the public sector equality duty
● Ascertain whether the PREVENT process is being applied
● Clarify why the PREVENT process is being applied
● Help you navigate the process
● Establish whether the public body has taken into consideration the public sector equality duty
PREVENT in Schools
● There have been an increasing number of incidents of students referred to PREVENT or subject to PREVENT-style questioning of their beliefs in schools. This has come about, for example, in regard to issues such as Palestine.
● If your child is questioned about their beliefs by a teacher or member of staff at their school or educational institution, or a referral has been made to PREVENT, you should contact CAGE.
● CAGE can assist in drafting communications to the school seeking clarity on the matter.
● If your child is questioned about their beliefs by a teacher or member of staff at their school or educational institution, or a referral has been made to PREVENT, you should contact CAGE.
● CAGE can assist in drafting communications to the school seeking clarity on the matter.
Passing through UK borders with privacy
1) Travel light
● Only take devices that you absolutely need.
● Consider taking a “travel phone” with you.
● Consider taking a “travel phone” with you.
2) Use a strong password
● Ensure all your devices and accounts are password protected.
● Strong passphrases are around 20 characters or more in length, easy to
remember, but difficult to guess. You may want to consider using a
password manager application such as OnePassword.
● Strong passphrases are around 20 characters or more in length, easy to
remember, but difficult to guess. You may want to consider using a
password manager application such as OnePassword.
3) Backup all content on your device
● Download all photos and videos from your phone or laptop onto a hard
drive or alternative back up device.
● Back up all other data to a cloud server (for example: emails, contacts,
calendar and browser history).
drive or alternative back up device.
● Back up all other data to a cloud server (for example: emails, contacts,
calendar and browser history).
4) Wipe your phone
● Following a backup, wipe or reset your device. There are two ways you
can do this – see image for details.
● Officers can enter the plane or vehicle that you are on in order to gain
access to your devices. This is done to stop you wiping your devices at the
last-minute. Make sure that you take this step before travelling.
can do this – see image for details.
● Officers can enter the plane or vehicle that you are on in order to gain
access to your devices. This is done to stop you wiping your devices at the
last-minute. Make sure that you take this step before travelling.
5) What to do if you are asked for your devices
● Under Schedule 7 you may be asked to surrender the
password/passcode to access your device(s). If you do not comply, you
risk committing an offence. However, you are not obligated to provide
them with any further passwords, for example to your iCloud or social
media accounts.
● If your devices contain confidential material, you should inform the officers
of this immediately and confirm they have made a note.
● Your devices may be seized and retained for a 7-day period under
Schedule 7. This period may be extended if the officer believes the
information on the devices may be relevant to criminal proceedings or a
decision to deport.
● If you are stopped under Schedule 7, make sure you contact a lawyer and
get in touch with CAGE - see our Schedule 7 advice.
password/passcode to access your device(s). If you do not comply, you
risk committing an offence. However, you are not obligated to provide
them with any further passwords, for example to your iCloud or social
media accounts.
● If your devices contain confidential material, you should inform the officers
of this immediately and confirm they have made a note.
● Your devices may be seized and retained for a 7-day period under
Schedule 7. This period may be extended if the officer believes the
information on the devices may be relevant to criminal proceedings or a
decision to deport.
● If you are stopped under Schedule 7, make sure you contact a lawyer and
get in touch with CAGE - see our Schedule 7 advice.
Police doorstepping
1) Don’t let them in
● You are not obliged to talk to the police, answer their questions, or let them into your home.
● If officers come to your home unannounced, inform them that should they wish to speak with you, this should be with prior written notice and with your solicitor present.
● If officers come to your home unannounced, inform them that should they wish to speak with you, this should be with prior written notice and with your solicitor present.
2) Make a Record
● You should record the names and badge numbers of the officers, and the police force/department they are part of.
3) Question the officers
● Ask the officers what their visit is regarding - do not be shy to ask for details for your full understanding.
● Confirm whether or not the officers are part of PREVENT.
● Request that they send any queries or questions to you in writing.
● Confirm whether or not the officers are part of PREVENT.
● Request that they send any queries or questions to you in writing.
4) Take action
● Contact CAGE to log your experience and to receive advice on how to handle police doorstepping in the future.
● In order to obtain clarity and query any further visits, draft a letter or email to the relevant police force regarding the visit(s). Contact CAGE to assist with this.
● In order to obtain clarity and query any further visits, draft a letter or email to the relevant police force regarding the visit(s). Contact CAGE to assist with this.
5) Remember
● Remain calm and courteous but do not allow the officers to pressure you into engaging them. Ask them explicitly and directly what your obligations are in regard to their visit.
● A police visit does not mean you are suspected of having committed a crime.
● A police visit does not mean you are suspected of having committed a crime.
Raids
How should I behave if my home is raided?
● The police may enter your home without prior notice, forcefully and in a manner which is designed to disorient those inside. You should remain calm and reassure your family.
● If there are women in your household who wear the hijab then they should do so immediately.Comply with police instructions and avoid confrontation.
● The Police will likely want to gather all members of your household in one room together.
● Seek immediate legal assistance.Record any unacceptable or heavy-handed behaviour by the police.
● Raids can occur at any “reasonable” time. Raids at dawn or early morning are common and are considered “reasonable.”
● If there are women in your household who wear the hijab then they should do so immediately.Comply with police instructions and avoid confrontation.
● The Police will likely want to gather all members of your household in one room together.
● Seek immediate legal assistance.Record any unacceptable or heavy-handed behaviour by the police.
● Raids can occur at any “reasonable” time. Raids at dawn or early morning are common and are considered “reasonable.”
What documentation should the police provide me when entering my property?
● Police should provide you with a ‘Notice of Powers and Rights’.
● This contains information including: the basis for the search, the powers the officers have to search the premises, the items they can seize and your rights as the occupier.
● This should be given to you at the start of the search or left in a prominent place if you are not present during the raid.
● This contains information including: the basis for the search, the powers the officers have to search the premises, the items they can seize and your rights as the occupier.
● This should be given to you at the start of the search or left in a prominent place if you are not present during the raid.
Do the police require a warrant to search my property?
● Yes, in most circumstances. However, there are limited circumstances in which the police can enter a property without a warrant.
● The warrant must be shown as soon as “reasonably practicable.” Generally, this means once the property has been secured and everyone has been escorted to a singular room.
● You have the right to a copy of the warrant.
● The warrant must be shown as soon as “reasonably practicable.” Generally, this means once the property has been secured and everyone has been escorted to a singular room.
● You have the right to a copy of the warrant.
When can the police enter my property without a warrant?
1. If you provide consent. Prior to providing consent, the officer requesting access to the property should explain the reason for the search, inform you that you do not need to provide consent and tell you that anything seized could be used as evidence.
2. If the police wish to arrest a person, or have arrested a person and there are “reasonable grounds” that they may find evidence within the property that is related to that (or another) offence.
3. If the Police think that a crime is in progress or about to occur and conducting a raid would allow them to prevent the commission of an offence.
2. If the police wish to arrest a person, or have arrested a person and there are “reasonable grounds” that they may find evidence within the property that is related to that (or another) offence.
3. If the Police think that a crime is in progress or about to occur and conducting a raid would allow them to prevent the commission of an offence.
What must the warrant contain?
● The warrant should state the address of the premises and the reason it has been issued.
Does the warrant allow for individuals to be searched?
● Unless the warrant explicitly states that people can be searched, a warrant does not allow police officers to search people within the property.
● However, police may be able to search you under a provision of the Police and Criminal Evidence Act. If you are searched, you should ask the purpose of the search, and under what power the search is administered.
● However, police may be able to search you under a provision of the Police and Criminal Evidence Act. If you are searched, you should ask the purpose of the search, and under what power the search is administered.
What if the raid takes place in a shared house?
● Consent for a raid cannot be provided by your landlord, the police have to seek consent from someone entitled to allow entry.
If, for example, you live in a house with multiple occupancy/student accommodation, and the police have come in after an arrest or to make an arrest, consent is not required. However, they can only search places where they may reasonably find evidence (e.g. the person’s bedroom or communal spaces).
If, for example, you live in a house with multiple occupancy/student accommodation, and the police have come in after an arrest or to make an arrest, consent is not required. However, they can only search places where they may reasonably find evidence (e.g. the person’s bedroom or communal spaces).
Can I record a raid?
● Yes, as long as you are not obstructing the police officers. However be aware that if this is on a mobile device, the device will likely be seized as part of the search.
● If you are using an alternative camera device, the police officers cannot seize the device unless they believe it is evidence/contains evidence of an offence.
● If you are using an alternative camera device, the police officers cannot seize the device unless they believe it is evidence/contains evidence of an offence.
If I am asked questions during a raid, do I have to answer them?
● You are not obliged to answer any questions and should seek legal advice before you choose to engage with officers.
● Officers’ questions should be limited to asking for the location of particular items or other questions related directly to the search.
● Avoid informal “chats” with the officers.
● Officers’ questions should be limited to asking for the location of particular items or other questions related directly to the search.
● Avoid informal “chats” with the officers.
What can the police seize during a search?
A number of items may be seized during a raid, the most common of which are:
1. Electronics
2. Passports and personal documentation, books etc
● You should pursue the return of these documents with some urgency. The lack of identification may be a hindrance to applying for jobs, benefits, housing and access to other state services. Lawyers should be able to assist you with this.
3. Cash
● For large amounts of cash seized, you will have to explain where it has come from. It is important that you can evidence this, for example by providing invoices and/or bank statements.
● Money over £1,000 can be seized if police have “reasonable grounds” to believe that it has been gained from illegal activities or could be used for illegal activities.
● Should you be present during a raid, police should allow you to see when money is seized and request you sign for seized money when it is bagged as evidence.
● In instances in which financing terrorism cannot be proven, legal action for fraud may be pursued.
● Police will seize items belonging to the person for whom they have conducted the raid, or that they believe that person might likely have had access to/used.
1. Electronics
2. Passports and personal documentation, books etc
● You should pursue the return of these documents with some urgency. The lack of identification may be a hindrance to applying for jobs, benefits, housing and access to other state services. Lawyers should be able to assist you with this.
3. Cash
● For large amounts of cash seized, you will have to explain where it has come from. It is important that you can evidence this, for example by providing invoices and/or bank statements.
● Money over £1,000 can be seized if police have “reasonable grounds” to believe that it has been gained from illegal activities or could be used for illegal activities.
● Should you be present during a raid, police should allow you to see when money is seized and request you sign for seized money when it is bagged as evidence.
● In instances in which financing terrorism cannot be proven, legal action for fraud may be pursued.
● Police will seize items belonging to the person for whom they have conducted the raid, or that they believe that person might likely have had access to/used.
How long can a raid last?
● Depending on the property, amount of material and Police resources, a raid can last for more than one day.
● In this situation you may want to leave the property overnight and stay in a hotel or home of a relative or friend. You can return the following morning to keep an eye on the progress of the search.
● In this situation you may want to leave the property overnight and stay in a hotel or home of a relative or friend. You can return the following morning to keep an eye on the progress of the search.
What happens at the end of a raid?
● The Police should give you an itemised list of things seized in the search. Where it is not possible to do this at the end of the search, this should be provided to you within a “reasonable amount of time”.
● You should also be provided with a reference number to quote should you want/need to contact Police about the incident.
● You should also be provided with a reference number to quote should you want/need to contact Police about the incident.
When/How should I get my items back?
● Police are allowed to keep items which they have seized for “as long is necessary”.
● You or your solicitor can write to the officer in charge of the investigation to ask for them to return your items.
● You should follow up periodically for an update on the status of your items.
● Be advised that the return of items can often take a significant amount of time, particularly where there is an ongoing Police investigation.
● You or your solicitor can write to the officer in charge of the investigation to ask for them to return your items.
● You should follow up periodically for an update on the status of your items.
● Be advised that the return of items can often take a significant amount of time, particularly where there is an ongoing Police investigation.
What else can happen?
● Raids can be quite public. You may be contacted or approached by journalists asking questions about what happened. You have no obligation to respond to their questions and can respectfully refuse to engage.
● If children are present during the raid, you may be contacted by PREVENT officers or child social services. Please refer to our PREVENT advice. Contact CAGE should this be the case.
● If children are present during the raid, you may be contacted by PREVENT officers or child social services. Please refer to our PREVENT advice. Contact CAGE should this be the case.
Schedule 7
Who can be stopped under Schedule 7?
● Any person travelling through UK borders, whether a British national or foreign traveller, can be stopped under Schedule 7.
● Children can be stopped under Schedule 7 only where absolutely necessary.
● A child must not be questioned without the presence of a responsible adult
● Children can be stopped under Schedule 7 only where absolutely necessary.
● A child must not be questioned without the presence of a responsible adult
Where can I be stopped?
● You can be stopped at ports of entry and exit, into and out of the UK. For example: airports, seaports and international train terminals.
● You can also be stopped at Eurostar/Eurotunnel terminals and stations in France.
● You can also be stopped at Eurostar/Eurotunnel terminals and stations in France.
Who can stop me?
The power will usually be exercised by:
● A police officer
But can also be exercised by:
● A customs officer
● An immigration officer
● A police officer
But can also be exercised by:
● A customs officer
● An immigration officer
When can I be stopped?
● You can be stopped at any time and any place where an officer believes you intend to travel abroad or on your return from travelling abroad.
● This includes at check-in and even once you have boarded the mode of transport you are using. Conversely, on your return, any time after you have landed until you have exited the arrivals area.
● You can also be subject to a Schedule 7 stop if you are already detained under a provision of the Immigration Acts
● This includes at check-in and even once you have boarded the mode of transport you are using. Conversely, on your return, any time after you have landed until you have exited the arrivals area.
● You can also be subject to a Schedule 7 stop if you are already detained under a provision of the Immigration Acts
What should I expect?
● Your person and belongings can be searched. You can request for this to be conducted by an officer of the same sex.
● You can be kept detained and questioned for a maximum of six hours
● If you are stopped for over an hour, police must hand you a Notice of Detention form
● Your pictures can be taken
● Your DNA and fingerprints can be taken, with your consent. You will be asked to sign a Biometrics Consent Form if you agree to provide these.
● Large amounts of cash can be seized
● Your electronic devices can be detained and you will be asked to provide the password/passcode to access these devices.
● Your devices can be retained for an initial period of 7 days, however can be kept for longer under alternative provisions
● You can be kept detained and questioned for a maximum of six hours
● If you are stopped for over an hour, police must hand you a Notice of Detention form
● Your pictures can be taken
● Your DNA and fingerprints can be taken, with your consent. You will be asked to sign a Biometrics Consent Form if you agree to provide these.
● Large amounts of cash can be seized
● Your electronic devices can be detained and you will be asked to provide the password/passcode to access these devices.
● Your devices can be retained for an initial period of 7 days, however can be kept for longer under alternative provisions
What can I do?
● Confirm that the stop is being audio recorded
● Remain calm and courteous
● Where you are unsure of your rights, ask the officers for clarification
● Request to consult your solicitor privately
● Make a contemporaneous note using pen and paper, including the identity of the officers i.e. the officer number, location, questions asked and your answers.
● Read all documents and leaflets you are given. Keep them after your stop.
● Remain calm and courteous
● Where you are unsure of your rights, ask the officers for clarification
● Request to consult your solicitor privately
● Make a contemporaneous note using pen and paper, including the identity of the officers i.e. the officer number, location, questions asked and your answers.
● Read all documents and leaflets you are given. Keep them after your stop.
Do I have the right to remain silent?
● You do not have the right to remain silent.
● You must answer questions related to the purpose of the power - which is to ascertain if you are concerned in terrorism.
● Where you are unsure or unaware of the answer to a question, you should simply say so
● You may be arrested and prosecuted if you refuse to answer questions.
● You must answer questions related to the purpose of the power - which is to ascertain if you are concerned in terrorism.
● Where you are unsure or unaware of the answer to a question, you should simply say so
● You may be arrested and prosecuted if you refuse to answer questions.
Can the police demand access to my social media accounts?
The police may ask you for your social media usernames, however they should not use any information provided to actually access your social media accounts.
Have I done something wrong if I am stopped?
No. Being stopped and questioned under Schedule 7 does not mean that you are suspected of or being investigated for a crime.
An examining officer may stop and question a person without any grounds for suspecting that the person is or has been concerned in terrorism.
An examining officer may stop and question a person without any grounds for suspecting that the person is or has been concerned in terrorism.
What if I miss my flight/ferry/train because I’ve been stopped?
● Do not let the stop put you off and rearrange your travel as soon as possible
● The authorities may, where possible, try to assist in alternative travel arrangements for you, Ensure to request this from the officers.
● Authorities are not obligated to reimburse you for any costs associated with your trip e.g. missed flight or hotel stay.
● The authorities may, where possible, try to assist in alternative travel arrangements for you, Ensure to request this from the officers.
● Authorities are not obligated to reimburse you for any costs associated with your trip e.g. missed flight or hotel stay.
What if due to work purposes I travel with confidential data?
● You should alert the examining officers that you have confidential material on your devices.
● You should provide details as to the location of this material on your devices.
● They may still continue to hold your devices.
● We recommend that you change the passwords to your electronic devices as soon as possible after they are returned to you, in order to protect your privacy.
● You should provide details as to the location of this material on your devices.
● They may still continue to hold your devices.
● We recommend that you change the passwords to your electronic devices as soon as possible after they are returned to you, in order to protect your privacy.
Can MI5 question me while I am stopped?
● MI5 officers cannot administer a Schedule 7 stop and should not be present during your stop.
● Should you be approached at any point after your stop, you should clarify who you are speaking to and ask for the purpose of their contact.
● Know that you have no obligation to speak to MI5 officers and should not do so without the presence of a solicitor.
● Should you be approached at any point after your stop, you should clarify who you are speaking to and ask for the purpose of their contact.
● Know that you have no obligation to speak to MI5 officers and should not do so without the presence of a solicitor.
Can information gathered under Schedule 7 be used against me in court?
● Generally, information gathered under Schedule 7 cannot be used against you in criminal proceedings.Information gathered under Schedule 7 can sometimes lead to follow up action by authorities. ● For example, you could be arrested or have your property searched under different powers following your stop if police believe they will find evidence of an offence.
Before you travel
1. Allow plenty of time before you have to board your flight/train.
2. Write down the number of a solicitor in case you get stopped.
3. If you hold confidential material on your devices, save backups on your computer and wipe your phone before travelling.
4. Remember to keep your bank card with you to ensure you have financial provisions, in case you are stopped, and your phone is removed from you.
2. Write down the number of a solicitor in case you get stopped.
3. If you hold confidential material on your devices, save backups on your computer and wipe your phone before travelling.
4. Remember to keep your bank card with you to ensure you have financial provisions, in case you are stopped, and your phone is removed from you.
After your stop
1. Make a note of the details of your stop
2. Contact CAGE for further information and advice
3. Follow up in writing to complain/seek the return of your devices
2. Contact CAGE for further information and advice
3. Follow up in writing to complain/seek the return of your devices
Social Media & Online
What can’t I do online?
All the things you cannot do in “real life”:
● It is an offence to “support a proscribed organisation”, or publish images that may give the impression that you support them – for example wearing clothes with their logo on it.
● Do not view, download or possess (for example by scanning and saving) material produced by Al-Qaeda, Islamic State and other banned groups like Hezbollah or the PKK – unless you can clearly demonstrate that this was for academic or journalistic purposes.
● It is an offence to collect, record or possess information likely to be used to commit or prepare an act of terrorism, even if you never intended to use the material in that way.
● Do not share material by banned groups such as Al-Qaeda, Islamic State and others, even if you are doing so as a joke or to stir up debate.
● It is an offence to “support a proscribed organisation”, or publish images that may give the impression that you support them – for example wearing clothes with their logo on it.
● Do not view, download or possess (for example by scanning and saving) material produced by Al-Qaeda, Islamic State and other banned groups like Hezbollah or the PKK – unless you can clearly demonstrate that this was for academic or journalistic purposes.
● It is an offence to collect, record or possess information likely to be used to commit or prepare an act of terrorism, even if you never intended to use the material in that way.
● Do not share material by banned groups such as Al-Qaeda, Islamic State and others, even if you are doing so as a joke or to stir up debate.
What can I do online?
You should behave as you would offline, for example by reading, enquiring, and exchanging ideas.
Self-censorship is one of the aims of mass surveillance and we should resist it.
Everyone has the right to inform themselves from varied and independent sources as well as to share critical thoughts and ideas. Communicating your thoughts and ideas on current affairs and areas of interest should be done in an informed and considered manner.
Self-censorship is one of the aims of mass surveillance and we should resist it.
Everyone has the right to inform themselves from varied and independent sources as well as to share critical thoughts and ideas. Communicating your thoughts and ideas on current affairs and areas of interest should be done in an informed and considered manner.
Chatting online? Use your common sense!
Do not engage with anyone who may be encouraging you to commit acts of violence, seeking information from you on how to travel to fight abroad, asking you to send money or trying to arrange a marriage in a conflict zone. Do not entertain “banter” or “jokes” about such issues and always know who you are speaking to online.
Such individuals are either:
● Involved in criminal activities, putting you at risk of committing an offence;
● Undercover agents from the police or security services.
Such individuals are either:
● Involved in criminal activities, putting you at risk of committing an offence;
● Undercover agents from the police or security services.
How can my data be accessed?
● Mass surveillance:
Government agencies such as GCHQ and large companies routinely store people’s data. In some instances, security agencies might target specific individuals and intercept their communications.
● Hacking:
Hacking and release of data is becoming more and more common. Personal details and even photos and message-content can be stolen and posted/sold online as part of these data dumps.
● Publicly available data:
For example on social media accounts such as TikTok, Twitter, Facebook/Meta, YouTube, Instagram, Snapchat and Linkedin.
● While travelling:
Your electronics can be accessed and seized without a warrant if you are stopped at ports of entry and exit under Schedule 7.
● Raids:
Police routinely seize electronics during house searches to examine their contents. This includes phones, laptops, games consoles and tablets.
● Consent:
Authorities can request to access your data or devices without a warrant if you consent.
● Through other people:
Other people may have had their data seized via the means mentioned above. Any communications you have had with them may also be scrutinised. For example, WhatsApp messages, Facebook conversations,
text messages, emails etc.
Government agencies such as GCHQ and large companies routinely store people’s data. In some instances, security agencies might target specific individuals and intercept their communications.
● Hacking:
Hacking and release of data is becoming more and more common. Personal details and even photos and message-content can be stolen and posted/sold online as part of these data dumps.
● Publicly available data:
For example on social media accounts such as TikTok, Twitter, Facebook/Meta, YouTube, Instagram, Snapchat and Linkedin.
● While travelling:
Your electronics can be accessed and seized without a warrant if you are stopped at ports of entry and exit under Schedule 7.
● Raids:
Police routinely seize electronics during house searches to examine their contents. This includes phones, laptops, games consoles and tablets.
● Consent:
Authorities can request to access your data or devices without a warrant if you consent.
● Through other people:
Other people may have had their data seized via the means mentioned above. Any communications you have had with them may also be scrutinised. For example, WhatsApp messages, Facebook conversations,
text messages, emails etc.
Why would the authorities access my data?
The authorities may wish to profile you and will use the data and material taken from your devices to inform their thinking and perpetuate harmful narratives.
You should continue to behave normally both online and offline, but be conscious that certain material, although legal, can be used to suggest that you are of a particular mindset.
You should continue to behave normally both online and offline, but be conscious that certain material, although legal, can be used to suggest that you are of a particular mindset.
Isn’t there a right to privacy and freedom of thought?
Yes. However, not all rights are absolute. This means that some rights, such as the right to respect for private life, can be infringed upon in certain circumstances, for example, to prevent crime.
So how do I protect my private online activity?
There are numerous reliable tools, which can help to protect your privacy.
● Using end-to-end encryption:
By using encrypted messaging apps and tools you can ensure your communications remain reasonably private. We recommend you use a messaging app called Signal.
● Using encrypted and private browsing:
By ensuring that you browse the internet securely, you can protect your web browsing data from being exploited by unscrupulous actors. For example, use the Tor browser.
● Have strong passwords:
This means having a password composed of a minimum of four or more words, using symbols and numbers. Where possible, have two-factor authentication in place or go one step further and use a password manager to keep your data secure.
● Protect your devices:
This may be an obvious one, but if you misplace, lose or forget your device then you will be immediately at risk of your data being compromised.
● Using end-to-end encryption:
By using encrypted messaging apps and tools you can ensure your communications remain reasonably private. We recommend you use a messaging app called Signal.
● Using encrypted and private browsing:
By ensuring that you browse the internet securely, you can protect your web browsing data from being exploited by unscrupulous actors. For example, use the Tor browser.
● Have strong passwords:
This means having a password composed of a minimum of four or more words, using symbols and numbers. Where possible, have two-factor authentication in place or go one step further and use a password manager to keep your data secure.
● Protect your devices:
This may be an obvious one, but if you misplace, lose or forget your device then you will be immediately at risk of your data being compromised.
Doesn’t using encryption mean I have something to hide?
“Arguing that you don’t care about the right to privacy because you have nothing to
hide is no different than saying you don’t care about free speech because you have
nothing to say.”
– Edward Snowden
It is our duty to protect our privacy rights. We can do this by understanding and
asserting them. If we do not protect our rights, we will be complicit in their
gradual erosion.
hide is no different than saying you don’t care about free speech because you have
nothing to say.”
– Edward Snowden
It is our duty to protect our privacy rights. We can do this by understanding and
asserting them. If we do not protect our rights, we will be complicit in their
gradual erosion.
What can I do next?
● Educate yourself:
Learn about the issues by reading our article “Why Muslims should oppose mass surveillance” and The Intercept’s “Edward Snowden explains how to reclaim your privacy”.
● Empower yourself:
Reclaim your online privacy. Read the Surveillance Self Defence step by step guide here: https://ssd.eff.org/en
Learn about the issues by reading our article “Why Muslims should oppose mass surveillance” and The Intercept’s “Edward Snowden explains how to reclaim your privacy”.
● Empower yourself:
Reclaim your online privacy. Read the Surveillance Self Defence step by step guide here: https://ssd.eff.org/en
Palestine activism in school
Does my child have the right to protest in school?
Yes.
The right to protest is protected under human rights law. In Britain, everyone has the fundamental right to express their views, and this includes students.Schools must uphold these rights. They cannot suppress the expression of political views.We have seen this right be upheld most recently in relation to the Russian invasion of Ukraine.
The right to protest is protected under human rights law. In Britain, everyone has the fundamental right to express their views, and this includes students.Schools must uphold these rights. They cannot suppress the expression of political views.We have seen this right be upheld most recently in relation to the Russian invasion of Ukraine.
Does the school have a right to check my child’s mobile phone?
No.
Your child's phone is their personal property and Schools or teachers can only access it in exceptional circumstances, such as where there are reasonable grounds to suspect possession of prohibited items and facilitating a criminal offence.
Schools cannot intimidate, threaten or manipulate students into sharing private information on their phones in connection to Palestinian activism, as this is unlikely to fall within the exceptions.
Your child should however be aware that their WhatsApp chats and online conversations can be reported to the school by other students, should their contents appear to fall foul of school policies. In such circumstances, school staff may want to check your child's phone.
Your child's phone is their personal property and Schools or teachers can only access it in exceptional circumstances, such as where there are reasonable grounds to suspect possession of prohibited items and facilitating a criminal offence.
Schools cannot intimidate, threaten or manipulate students into sharing private information on their phones in connection to Palestinian activism, as this is unlikely to fall within the exceptions.
Your child should however be aware that their WhatsApp chats and online conversations can be reported to the school by other students, should their contents appear to fall foul of school policies. In such circumstances, school staff may want to check your child's phone.
How can I express my concerns with the approach my school has taken in relation to Palestine?
You have every right to discuss your concerns with the school.
As a start, you can express these in writing so that there is a record of communications.Set out politely why you feel the school’s approach may be problematic. Schools will rely on certain policies, so when they do, seek copies of these policies.
Review the policies and if the problem persists, lodge a formal complaint. This can be done after seeking legal advice and solidarity from others who may feel the same as you do. Be sure to keep written records, names and contact details.
CAGE can support you in addressing such concerns at school. You can contact us on : helpline@cage.ngo / 0300 030 2243
As a start, you can express these in writing so that there is a record of communications.Set out politely why you feel the school’s approach may be problematic. Schools will rely on certain policies, so when they do, seek copies of these policies.
Review the policies and if the problem persists, lodge a formal complaint. This can be done after seeking legal advice and solidarity from others who may feel the same as you do. Be sure to keep written records, names and contact details.
CAGE can support you in addressing such concerns at school. You can contact us on : helpline@cage.ngo / 0300 030 2243
Is my child allowed to wear or display symbols such as a slogan or a flag?
Yes.
Wearing badges and slogans is a way for young people to express themselves.
This is a manifestation of their right to freedom of expression. However, some schools may have very strict uniform policies that may subtly undermine this right. Before lodging a complaint, you should check your schools’ uniform policy.If you feel something within the policy is being used in a discriminatory way, you can raise this with the school governing body. See number 3)
Wearing badges and slogans is a way for young people to express themselves.
This is a manifestation of their right to freedom of expression. However, some schools may have very strict uniform policies that may subtly undermine this right. Before lodging a complaint, you should check your schools’ uniform policy.If you feel something within the policy is being used in a discriminatory way, you can raise this with the school governing body. See number 3)
What happens if the school is saying it is “not political”, and therefore my child cannot talk about Palestine?
Schools should not silence political discussion. In fact recent guidance states that: “Pupils’ engagement and interest in political issues should be encouraged.
Schools should not prohibit conversation about these issues, provided the political issues are age-appropriate.
The position of being impartial or “not political”, does not by law extend to the children at the school (see 1 and 2).
Many schools take political stances on other agendas. Citing these can be used to illustrate discrimination e.g. the War in Ukraine.
Schools should not prohibit conversation about these issues, provided the political issues are age-appropriate.
The position of being impartial or “not political”, does not by law extend to the children at the school (see 1 and 2).
Many schools take political stances on other agendas. Citing these can be used to illustrate discrimination e.g. the War in Ukraine.
What if the school refers my child to Prevent?
Schools come under the public sector duty to have “due regard” for the Prevent policy.
Despite its public relations, Prevent is harmful to communities.
This is because it criminalises Muslims, especially when they express views that challenge the government. If a referral to Prevent is made because of Palestine activism, the school is likely to be in breach of human rights law and the right to freedom of expression.
If you are approached by a staff member to co-operate with Prevent, remember that interaction with Prevent is generally voluntary, so you can simply refuse to engage.
Despite its public relations, Prevent is harmful to communities.
This is because it criminalises Muslims, especially when they express views that challenge the government. If a referral to Prevent is made because of Palestine activism, the school is likely to be in breach of human rights law and the right to freedom of expression.
If you are approached by a staff member to co-operate with Prevent, remember that interaction with Prevent is generally voluntary, so you can simply refuse to engage.
How can I ensure my child is safe at school if Prevent is involved, or what if Prevent persists?
Once Prevent is mentioned, you should speak to your child about their rights and how to deal with any situation that may arise.
Firstly, you or your child only need to answer Prevent-based questions when you:
● are in attendance with your child
● understand who you are speaking to and have their contact details
● understand why the questions are being asked
● have sought legal advice
● know your rights
If your child has been approached and questioned about his or her political views or religious practice by a staff member or Prevent officer without your consent or your presence, then you could have grounds to lodge a formal complaint, especially if they are under 16.
To challenge a Prevent referral, contact CAGE for assistance.
Firstly, you or your child only need to answer Prevent-based questions when you:
● are in attendance with your child
● understand who you are speaking to and have their contact details
● understand why the questions are being asked
● have sought legal advice
● know your rights
If your child has been approached and questioned about his or her political views or religious practice by a staff member or Prevent officer without your consent or your presence, then you could have grounds to lodge a formal complaint, especially if they are under 16.
To challenge a Prevent referral, contact CAGE for assistance.
What if the police are called to deal with my child through Prevent at school?
You should encourage your child to exercise their right to remain silent.
You should inform your child that they are afforded special protections when questioned by the police.
These include having an appropriate adult present, which is you, or another parent or guardian. Tell them that this is the first thing they should request.
If you are told by the school that they have called the police to interview your child, do not panic.
Instruct the school clearly to ensure that questioning does not occur until you are there.
If you are able to instruct a lawyer, ensure they are physically there or are available to call during the interview, or you can call our helpline and we can assist you to prepare.
Ask to record the interview, or take notes.
Keep calm and be firm throughout. This will help your child to feel safe and things will be easier for them.
You should inform your child that they are afforded special protections when questioned by the police.
These include having an appropriate adult present, which is you, or another parent or guardian. Tell them that this is the first thing they should request.
If you are told by the school that they have called the police to interview your child, do not panic.
Instruct the school clearly to ensure that questioning does not occur until you are there.
If you are able to instruct a lawyer, ensure they are physically there or are available to call during the interview, or you can call our helpline and we can assist you to prepare.
Ask to record the interview, or take notes.
Keep calm and be firm throughout. This will help your child to feel safe and things will be easier for them.
How can I advise my child to speak about Palestinian issues without being accused of “glorifying terrorism/terrorist activities”?
Your child's support for Palestine does not equate to or automatically amount to support for "terrorist activities".
You should encourage your child to speak on their concerns and express their views in an appropriate and informed manner. They should be free to highlight the right of Palestinians to self determination and self defence - as agreed by the UN conventions.
They should however refrain from discourse around sectarianism and be aware that certain groups (such as Hamas), are proscribed in the UK, and therefore expressing support for them is unlawful.
Should your child's words be misunderstood or misconstrued you should communicate with the school to seek clarification. See number 3)
Contact CAGE for further advice on this.
You should encourage your child to speak on their concerns and express their views in an appropriate and informed manner. They should be free to highlight the right of Palestinians to self determination and self defence - as agreed by the UN conventions.
They should however refrain from discourse around sectarianism and be aware that certain groups (such as Hamas), are proscribed in the UK, and therefore expressing support for them is unlawful.
Should your child's words be misunderstood or misconstrued you should communicate with the school to seek clarification. See number 3)
Contact CAGE for further advice on this.
What can I do if my child’s school invites a biased organisation like Solutions Not Sides (SNS) to speak on Palestine/Israel?
Who is Solutions Not Sides?
Solutions Not Sides (SNS) is a charity which was recommended for work on Israel and Palestine in schools by then Education Secretary Gavin Williamson and local PREVENT teams, and have previously been invited to speak at a number of schools.
In its own words SNS, ‘is designed to prepare students to make a positive, solutions-focused contribution to debates on Israel-Palestine.’, and until very recently has functioned as a project of the organisation OneVoice.
While purporting to be even handed and favouring no side, OneVoice’s approach tacitly favours Israel by erasing the substantial power equation between the oppressed and the oppression. Leading Palestinian organisations have stated that ‘While paying lip service to “ending the occupation,” the overriding imperative is to serve Israel’s basic interest in remaining an apartheid state… Simply put, it is the interests of the occupier that drive [OneVoice’s] mission.’
OneVoice’s Europe branch, based in the UK, has previously received funding from the PREVENT counter-terror program and the Building a Stronger Britain Together counter-extremism fund.
In short, neither SNS or OneVoice are a sound source of information about Israel and Palestine, but instead perpetuate an untenable status quo for the Palestinians by boxing in the discussion around the occupation.
What do I do if SNS are invited to my child’s school?
If SNS are invited to deliver a session at your child’s schools you can:
1. Issue a formal complaint challenging their inability to be impartial.
2. Direct the school to instead draw upon information and reports by internationally-recognised bodies such as Adalah and Human Rights Watch on Israel’s discriminatory and apartheid practices.
3. Withdraw your child from the session if other options have been exhausted.
4. Seek further assistance from CAGE if required.
Solutions Not Sides (SNS) is a charity which was recommended for work on Israel and Palestine in schools by then Education Secretary Gavin Williamson and local PREVENT teams, and have previously been invited to speak at a number of schools.
In its own words SNS, ‘is designed to prepare students to make a positive, solutions-focused contribution to debates on Israel-Palestine.’, and until very recently has functioned as a project of the organisation OneVoice.
While purporting to be even handed and favouring no side, OneVoice’s approach tacitly favours Israel by erasing the substantial power equation between the oppressed and the oppression. Leading Palestinian organisations have stated that ‘While paying lip service to “ending the occupation,” the overriding imperative is to serve Israel’s basic interest in remaining an apartheid state… Simply put, it is the interests of the occupier that drive [OneVoice’s] mission.’
OneVoice’s Europe branch, based in the UK, has previously received funding from the PREVENT counter-terror program and the Building a Stronger Britain Together counter-extremism fund.
In short, neither SNS or OneVoice are a sound source of information about Israel and Palestine, but instead perpetuate an untenable status quo for the Palestinians by boxing in the discussion around the occupation.
What do I do if SNS are invited to my child’s school?
If SNS are invited to deliver a session at your child’s schools you can:
1. Issue a formal complaint challenging their inability to be impartial.
2. Direct the school to instead draw upon information and reports by internationally-recognised bodies such as Adalah and Human Rights Watch on Israel’s discriminatory and apartheid practices.
3. Withdraw your child from the session if other options have been exhausted.
4. Seek further assistance from CAGE if required.
Protest
Do I have the right to protest?
Yes.
Everyone has the basic human right to protest. This right is enshrined in Articles 10
(Freedom of expression) and 11 (Freedom of assembly) of the European Convention on Human Rights 1 , and protected under the Human Rights Act 1998 .
Everyone has the basic human right to protest. This right is enshrined in Articles 10
(Freedom of expression) and 11 (Freedom of assembly) of the European Convention on Human Rights 1 , and protected under the Human Rights Act 1998 .
Can I attend protests in support of Palestine?
Yes.
You can and should attend pro-Palestine protests/marches. In fact, under the above
Human Rights articles, the police have a duty to facilitate these protests.
You can and should attend pro-Palestine protests/marches. In fact, under the above
Human Rights articles, the police have a duty to facilitate these protests.
What restrictions can the police place on protests?
The police can place a number of conditions on protests, including location, duration and route restrictions. Any conditions should be communicated to those attending by the organisers and/or police. This should not deter your attendance.
You should continue to attend protests and encourage others to do so.
You should continue to attend protests and encourage others to do so.
Can I chant “from the river to the sea Palestine will be free”?
Yes. There is no law prohibiting the use of this slogan, despite attempts to distort its
meaning and cast it as anti-semitic. The Metropolitan Police themselves have confirmed that in the context of a Palestine march/protest this chant does not constitute a criminal offence.
Although the chant has not been considered by the courts in England & Wales, it was recently the subject of a case brought by a pro-Israel activist in the Netherlands against the public prosecutor’s decision not to pursue a case against an individual for chanting the slogan. The Amsterdam High Court of Appeal held that the individual had not committed a criminal offence, finding the chant to be a lawful expression of the individual’s right to free speech. Although this finding is not binding in the UK, it indicates how the courts of England and Wales might be minded to interpret the meaning of the chant.
meaning and cast it as anti-semitic. The Metropolitan Police themselves have confirmed that in the context of a Palestine march/protest this chant does not constitute a criminal offence.
Although the chant has not been considered by the courts in England & Wales, it was recently the subject of a case brought by a pro-Israel activist in the Netherlands against the public prosecutor’s decision not to pursue a case against an individual for chanting the slogan. The Amsterdam High Court of Appeal held that the individual had not committed a criminal offence, finding the chant to be a lawful expression of the individual’s right to free speech. Although this finding is not binding in the UK, it indicates how the courts of England and Wales might be minded to interpret the meaning of the chant.
What can I put on my placard?
You can put anything on your placard, as long as it does not constitute a criminal offence. For example, expressing support for a proscribed organisation (i.e Hamas) is unlawful.
Placards with text or imagery seemingly glorifying Hamas may be seen as “encouraging terrorism” 4 and could result in arrest. However, this does not mean that supporting Palestinian’s right to armed resistance is unlawful.
Your placards can include text or imagery in solidarity/support of Palestine and/or criticising Israel/Israeli actions.
Placards with text or imagery seemingly glorifying Hamas may be seen as “encouraging terrorism” 4 and could result in arrest. However, this does not mean that supporting Palestinian’s right to armed resistance is unlawful.
Your placards can include text or imagery in solidarity/support of Palestine and/or criticising Israel/Israeli actions.
Should I take my phone?
You can take your mobile device to a protest, however ensure that any mobile device that you choose to take is password protected. Your passwords should be “strong” i.e. they should be around 20 characters or more in length, easy to remember but difficult to guess, ideally made up of a combination of words/phrases, numbers and symbols.
To protect your privacy and data, do not log in to any unsecured or public wifi networks.
The police should not ask to see your mobile device. If however they do request access, make sure you ask them whether you are obligated to provide this and under which power they are making this request.
Generally, the police cannot make you unlock your phone for them. There are certain exceptions, for example if they believe that you are involved in the commission of a terrorism offence (such as supporting a proscribed group). However, even in these circumstances the police would need to serve you with a notice under section 49 of the Regulation of Investigatory Powers Act 2000.
If you are arrested, your phone can be seized. The police can also seize your phone if they believe that you have information stored on it relevant to an investigation, for example if you witnessed (and filmed/photographed) a criminal offence. This has been used to threaten people using their phones to film police aggression.. You do however have a right to film and photograph the police, and it is important that we do so to hold them accountable.
To protect your privacy and data, do not log in to any unsecured or public wifi networks.
The police should not ask to see your mobile device. If however they do request access, make sure you ask them whether you are obligated to provide this and under which power they are making this request.
Generally, the police cannot make you unlock your phone for them. There are certain exceptions, for example if they believe that you are involved in the commission of a terrorism offence (such as supporting a proscribed group). However, even in these circumstances the police would need to serve you with a notice under section 49 of the Regulation of Investigatory Powers Act 2000.
If you are arrested, your phone can be seized. The police can also seize your phone if they believe that you have information stored on it relevant to an investigation, for example if you witnessed (and filmed/photographed) a criminal offence. This has been used to threaten people using their phones to film police aggression.. You do however have a right to film and photograph the police, and it is important that we do so to hold them accountable.
Should I conceal my face?
You may wish to wear a mask or bandana to cover your face while protesting. This is not because attending a protest is wrong, or because you should be ashamed to show yourself. Wearing a face covering is a way to resist state surveillance.
There are very limited circumstances 5 in which the police can require you to remove a face covering, for example under section 60 of the Criminal Justice and Public Order Act 1994.
This allows an officer to require you to remove a face covering if they believe it is being “wholly or mainly” used to conceal your identity.
If you are asked to remove your face covering, ask the officer(s) under what power. Make a note of their response and badge number.
There are very limited circumstances 5 in which the police can require you to remove a face covering, for example under section 60 of the Criminal Justice and Public Order Act 1994.
This allows an officer to require you to remove a face covering if they believe it is being “wholly or mainly” used to conceal your identity.
If you are asked to remove your face covering, ask the officer(s) under what power. Make a note of their response and badge number.
Do I have to give my personal details to the police?
No.
You do not have to give any personal details to the police, including your name, immigration status, and address. This is the case even if a police officer is exercising a stop and search power.
If you are told that you have to provide your personal details, ask “under what power?”
You do not have to give any personal details to the police, including your name, immigration status, and address. This is the case even if a police officer is exercising a stop and search power.
If you are told that you have to provide your personal details, ask “under what power?”
Can I take part in a sit-in?
Yes.
A sit-in is a stationary protest and you have the right to join. These are often held in places such as train stations. The police have specific powers to restrict stationary protests; for example, section 14 of the Public Order Act 1986 has been used to place conditions on recent anti-genocide sit-ins.
Under Section 14 of the Act, police can impose conditions to restrict the size or duration of a stationary protest. It is their responsibility to ensure that protestors are aware of the conditions in place. They may make protestors aware of the conditions by distributing flyers, making loudspeaker announcements, or publishing information about the conditions on social media.
A sit-in is a stationary protest and you have the right to join. These are often held in places such as train stations. The police have specific powers to restrict stationary protests; for example, section 14 of the Public Order Act 1986 has been used to place conditions on recent anti-genocide sit-ins.
Under Section 14 of the Act, police can impose conditions to restrict the size or duration of a stationary protest. It is their responsibility to ensure that protestors are aware of the conditions in place. They may make protestors aware of the conditions by distributing flyers, making loudspeaker announcements, or publishing information about the conditions on social media.
Can I take part in a direct action protest, for example occupying an arms factory?
Yes.
There are a number of direct-action groups that arrange and take part in such protests (such as Palestine Action). Before joining any such action, ensure you are informed of the aims of the group and the potential consequences of any direct actions i.e. you should consider the likelihood of arrest and charge.
There are a number of direct-action groups that arrange and take part in such protests (such as Palestine Action). Before joining any such action, ensure you are informed of the aims of the group and the potential consequences of any direct actions i.e. you should consider the likelihood of arrest and charge.
What do I do if I am arrested?
Generally speaking, the risk of getting arrested at a protest is very low. The police cannot simply arrest you for being at a protest: they need to have formed a reasonable suspicion that you are involved in the commission of a criminal offence.
The police should inform you that you are being arrested and tell you why.
The police should inform you that you are being arrested and tell you why.
Student Palestine Encampments
There is a student encampment at my university, is it legal for me to join?
Yes.
A student encampment is a stationary protest, and everyone has the basic human
right to protest. This right is enshrined in Articles 10 (Freedom of Expression) and 11
(Freedom of Assembly) of the European Convention on Human Rights, and protected under
the Human Rights Act 1998.
You should not be threatened or intimidated out of legitimate and lawful protest.
A student encampment is a stationary protest, and everyone has the basic human
right to protest. This right is enshrined in Articles 10 (Freedom of Expression) and 11
(Freedom of Assembly) of the European Convention on Human Rights, and protected under
the Human Rights Act 1998.
You should not be threatened or intimidated out of legitimate and lawful protest.
What should I know before organising/joining a student encampment?
Ensure you are familiar with your university’s policies in relation to student conduct and
Freedom of Speech. Each university will have slightly different regulations and these may
have been recently updated due to ongoing student action, therefore it is important that you
are up to date with the latest changes.
Freedom of Speech. Each university will have slightly different regulations and these may
have been recently updated due to ongoing student action, therefore it is important that you
are up to date with the latest changes.
Can I still study whilst also being part of the encampment?
Yes. If you have exams to revise for or other deadlines to meet e.g. dissertations, you can
work from within the student encampment to complete this work. Many students have been
continuing their studies whilst also partaking in the protest encampments at universities
across the country.
work from within the student encampment to complete this work. Many students have been
continuing their studies whilst also partaking in the protest encampments at universities
across the country.
What should I keep in mind when liaising with the university at the encampment?
Make sure to document as much as possible. This includes keeping communications with
the university in writing and having video footage (where possible) of any concerning activity or interactions. These can be helpful as evidence should the university accuse the student encampment of “violent” protest or other offences such as criminal damage. Most
encampments are very well organised and should have representatives on hand should you
have any questions about the running of the encampment, student demands and/or forward
strategy etc.
the university in writing and having video footage (where possible) of any concerning activity or interactions. These can be helpful as evidence should the university accuse the student encampment of “violent” protest or other offences such as criminal damage. Most
encampments are very well organised and should have representatives on hand should you
have any questions about the running of the encampment, student demands and/or forward
strategy etc.
What should I do if security gets physical or aggressive?
Your university may have security guards present on campus. Do not be intimidated by
this. Security guards have no more powers than any member of the public, and cannot arrest you (except for a citizen’s arrest). They are permitted to use “reasonable force” to prevent a criminal offence or if they suspect a criminal offence has been carried out. However, they must also call the police and can only detain someone if there is a risk of injury, damage to property, or that person is likely to escape before the police come and assume responsibility.For your safety, do not confront the security guards in an aggressive manner, as this could serve to escalate the situation. If you are able, film the security guard and make a note off their licence number, which should be displayed.
this. Security guards have no more powers than any member of the public, and cannot arrest you (except for a citizen’s arrest). They are permitted to use “reasonable force” to prevent a criminal offence or if they suspect a criminal offence has been carried out. However, they must also call the police and can only detain someone if there is a risk of injury, damage to property, or that person is likely to escape before the police come and assume responsibility.For your safety, do not confront the security guards in an aggressive manner, as this could serve to escalate the situation. If you are able, film the security guard and make a note off their licence number, which should be displayed.
Can my university stop me from graduating as a result of my participation in an encampment?
Generally speaking, you cannot be stopped from graduating for your participation in an
encampment or protest. However, if you have been informed that your university has opened an investigation into you as a result of your activism, please contact CAGE for more
guidance.
encampment or protest. However, if you have been informed that your university has opened an investigation into you as a result of your activism, please contact CAGE for more
guidance.
Will participating in an encampment go on my criminal record?
No. Participating in a protest is not a criminal offence, and will not show up on any type of
DBS check. If you are arrested for an offence however, your arrest may sometimes show up
on an enhanced criminal record check, should your future employer request one. Most
employers ask only for a standard DBS check, which covers the disclosure of convictions
and cautions only.
DBS check. If you are arrested for an offence however, your arrest may sometimes show up
on an enhanced criminal record check, should your future employer request one. Most
employers ask only for a standard DBS check, which covers the disclosure of convictions
and cautions only.
How will it affect my employability?
Joining a protest in and of itself should in no way be detrimental to your future
employment prospects.
employment prospects.
What should I do if the police enter the encampment?
1. Do not speak to the police until you have taken independent legal advice.
You are under no obligation to answer police questions, and doing so risks helping police to
build a case against you/others. If pushed to answer questions, ask if you are legally obliged
to answer. If the answer is yes, ask “under what power?”. Make a note of their badge
number and inform them that you would first like to obtain legal advice. Green & Black Cross have bust cards available at the encampments. You can contact CAGE for further advice.
2. Do not provide your personal details unless you have confirmed that you are obliged
to do so by law.
There are very limited circumstances in which police can require you to give your personal
details (name, date of birth, address, nationality). Generally, you do not have to and it is
advisable that you don’t.
3. If you feel harassed or intimidated by Police, ensure to communicate this to them
explicitly and make a note of their details.
Ensure to make a note of the details of the officers who spoke to you. Where possible, try to
get video footage of their actions. Contact CAGE for further advice and assistance in
communicating with the Police regarding your interaction.
4. If you are arrested, ensure you opt against a duty solicitor and have the details of a
protest or criminal lawyer at hand who you can call.
Contact CAGE for recommendations for lawyers to use should you be arrested. If you are
arrested, the police may offer you a caution. Although it is not as serious as a conviction, a
caution is an admission of guilt. It is usually offered by the police if they do not have enough
evidence to charge you. Do not accept a caution until you have had the opportunity to take
advice from a trusted lawyer.
You are under no obligation to answer police questions, and doing so risks helping police to
build a case against you/others. If pushed to answer questions, ask if you are legally obliged
to answer. If the answer is yes, ask “under what power?”. Make a note of their badge
number and inform them that you would first like to obtain legal advice. Green & Black Cross have bust cards available at the encampments. You can contact CAGE for further advice.
2. Do not provide your personal details unless you have confirmed that you are obliged
to do so by law.
There are very limited circumstances in which police can require you to give your personal
details (name, date of birth, address, nationality). Generally, you do not have to and it is
advisable that you don’t.
3. If you feel harassed or intimidated by Police, ensure to communicate this to them
explicitly and make a note of their details.
Ensure to make a note of the details of the officers who spoke to you. Where possible, try to
get video footage of their actions. Contact CAGE for further advice and assistance in
communicating with the Police regarding your interaction.
4. If you are arrested, ensure you opt against a duty solicitor and have the details of a
protest or criminal lawyer at hand who you can call.
Contact CAGE for recommendations for lawyers to use should you be arrested. If you are
arrested, the police may offer you a caution. Although it is not as serious as a conviction, a
caution is an admission of guilt. It is usually offered by the police if they do not have enough
evidence to charge you. Do not accept a caution until you have had the opportunity to take
advice from a trusted lawyer.
Can I be arrested for trespass?
No. Trespass is not a criminal offence. However, trespassing is still a civil wrong against a
landowner. As students, you will have “implied permission” to be on university land until you
are asked to leave by the landowner or their representative (such as a member of university
staff). Therefore, you are not trespassing until your permission has been withdrawn.
Even if your permission to be on the land is withdrawn, you do not have to leave until the
time/date specified in a possession order, obtained from the courts by the landowner. Before a landowner applies for a possession order, they would need to inform you that an order is being sought. This would likely be in the form of a letter delivered to you by a member of staff or security guard.
You can and should challenge any possession order, such challenges have been
successful.
You can be arrested for the offence of “Aggravated Trespass”, which is more serious than
Trespass. For Aggravated Trespass to apply, you would need to be on land without
permission and intentionally disrupting lawful activity. This offence has largely been used to
prosecute environmental activists.
While you are in the encampments, be sure not to cause any damage to property, as this an
offence for which you could be arrested.
For further information on trespass and evictions, you can refer to Green and Black Cross’
Know Your Rights resources here.
landowner. As students, you will have “implied permission” to be on university land until you
are asked to leave by the landowner or their representative (such as a member of university
staff). Therefore, you are not trespassing until your permission has been withdrawn.
Even if your permission to be on the land is withdrawn, you do not have to leave until the
time/date specified in a possession order, obtained from the courts by the landowner. Before a landowner applies for a possession order, they would need to inform you that an order is being sought. This would likely be in the form of a letter delivered to you by a member of staff or security guard.
You can and should challenge any possession order, such challenges have been
successful.
You can be arrested for the offence of “Aggravated Trespass”, which is more serious than
Trespass. For Aggravated Trespass to apply, you would need to be on land without
permission and intentionally disrupting lawful activity. This offence has largely been used to
prosecute environmental activists.
While you are in the encampments, be sure not to cause any damage to property, as this an
offence for which you could be arrested.
For further information on trespass and evictions, you can refer to Green and Black Cross’
Know Your Rights resources here.
Should I use social media to get the word out?
Social media can be one of the most effective means of spreading awareness about your
encampment and your demands. However, when using social media, be mindful of the need
to protect the identities and personal details of individual protesters. When taking photos, be
sure to ask permission of those in the frame. If uploading photos or videos of protestors to
social media, blur their faces.In addition to your own photos, be aware that anyone can photograph or film protestors at an encampment, and may upload images to social media without first blurring faces. If you have any concerns about the intentions of someone taking photos or filming, wear face masks/face coverings when in public.
To protect your privacy and security, you should remove any specific information from your
social media that could lead to your identification, including your full name, place of work, or
specific locations that you frequent.
For further information on protest rights, you can refer to our Protest Know Your Rights resourc.
encampment and your demands. However, when using social media, be mindful of the need
to protect the identities and personal details of individual protesters. When taking photos, be
sure to ask permission of those in the frame. If uploading photos or videos of protestors to
social media, blur their faces.In addition to your own photos, be aware that anyone can photograph or film protestors at an encampment, and may upload images to social media without first blurring faces. If you have any concerns about the intentions of someone taking photos or filming, wear face masks/face coverings when in public.
To protect your privacy and security, you should remove any specific information from your
social media that could lead to your identification, including your full name, place of work, or
specific locations that you frequent.
For further information on protest rights, you can refer to our Protest Know Your Rights resourc.
Should I speak to the media about my participation in the encampments?
It is not advisable to speak with the media in on-the-spot or “off the record” interviews. You
should always arrange prior communication and agree clearly the terms on which you are
happy to speak publicly. You should only speak with media outlets once you are fully
informed about the nature of their coverage and have confirmed the scope of their
questioning prior to the interview.
should always arrange prior communication and agree clearly the terms on which you are
happy to speak publicly. You should only speak with media outlets once you are fully
informed about the nature of their coverage and have confirmed the scope of their
questioning prior to the interview.
Talking to the University – They want to negotiate with me - Should I engage with them, and if so, how?
Before Engagement:
Have a clear idea of the data. Know what your university is invested in.
Be clear also on the policies that are in place that allow for change and the mechanism to do
this. Normally this is via a resolution or student union directive that is enacted by officers. Be
clear on who each of the officers are and who are in a place to decide.
Consider examples of how the university can divest. Think of alternatives and options so that you can use these in the future.
Engagement:
The university will from time to time try to engage with students, and you should not be afraid to ask for what you want if they do. That is why you are here.
Be clear on the objectives that you have come to the encampment with. They should be a
set of guidelines normally linked to what the university is investing in. Give the examples of
alternatives and give the examples of war crimes and breach of international law that should
stop the university from investing.If you would like to take a lawyer or a case worker with you, contact the CAGE team who can provide this to you.
Post Meeting
Note: Do not give up the encampment without getting in writing, what has been agreed. It
should be signed off by a person who has the power to make that decision. This is then a
legal agreement that has been negotiated and agreed.
Tips: If the University ask that they wish to negotiate with you, then they may be seeking to end the encampment by offering concessions. You should, where possible, ask for more than what you think you will get. If there is a chance to agree on more, then that is a good approach.
Have a clear idea of the data. Know what your university is invested in.
Be clear also on the policies that are in place that allow for change and the mechanism to do
this. Normally this is via a resolution or student union directive that is enacted by officers. Be
clear on who each of the officers are and who are in a place to decide.
Consider examples of how the university can divest. Think of alternatives and options so that you can use these in the future.
Engagement:
The university will from time to time try to engage with students, and you should not be afraid to ask for what you want if they do. That is why you are here.
Be clear on the objectives that you have come to the encampment with. They should be a
set of guidelines normally linked to what the university is investing in. Give the examples of
alternatives and give the examples of war crimes and breach of international law that should
stop the university from investing.If you would like to take a lawyer or a case worker with you, contact the CAGE team who can provide this to you.
Post Meeting
Note: Do not give up the encampment without getting in writing, what has been agreed. It
should be signed off by a person who has the power to make that decision. This is then a
legal agreement that has been negotiated and agreed.
Tips: If the University ask that they wish to negotiate with you, then they may be seeking to end the encampment by offering concessions. You should, where possible, ask for more than what you think you will get. If there is a chance to agree on more, then that is a good approach.
Contact Us
About
CAGE International is an independent advocacy organisation that aspires to a just world. We challenge War on Terror inspired state oppression and empower communities to dismantle the discourses and policies of the global War on Terror.
Premier Business Centre 47-49 Park Royal Road London NW10 7LQ United Kingdom
Helpline: 03000302243
Office: 02073776700
General email: contact@cage.ngo
Media enquiries: press@cage.ngo