Legal Frequently Asked Questions: Reclaim the Power 2024
Is trespass a criminal offence?
Reclaim the Power 2024 is a protest camp, taking place on squatted land. This means that we will be trespassing onto land without permission. In the UK, trespass is a civil offence rather than a criminal one. This means, in general, the police are not supposed to intervene. However, there are some laws which would give them the power to do so, in certain circumstances. In the vast majority of cases, it is not legal for the police to attempt to move the camp, without first providing a legal order (obtained from their superiors) declaring the camp to be illegal or not permitted in certain areas. At that stage, there would be an opportunity for any person not willing to face the police or arrest to vacate the area.
We are not aware of any legislation that the camp could credibly fall under which wouldn’t require the police to, at least, give people the opportunity to leave before they move to start arresting. In most cases, the police must give a warning.
We can never guarantee that the police will follow the law, however we can be aware of the powers they have, in order to effectively challenge them, when they are in breach.
Will there be a police presence at the camp?
It is likely the that police will have a presence outside the camp. However, the risk of police intervention within the camp is low. We believe that, given the way we intend to occupy the space, we are covered by Section 12 of the Criminal Law Act 1977. This makes it an offence for anyone, including the police, to attempt to gain entry to the site, if we oppose it. Any police that do attempt to enter the site will be made aware of the legal warnings we will display, and escorted off the site, by people who feel comfortable doing so. At Reclaim the Power camps, we have always honoured our commitment to leave the space in a tidy manner and at the stated time, and we hope that, given this, the police will continue to respect our rights to assembly and protest.
What are my rights when interacting with police officers?
If nothing else, these key messages are the key things to remember.
We recommend always having a printed Bustcard on you, which can remind you of these messages and key phone numbers.
There’s a call and response mic check you can read out at protests.
No comment
You do not have to and are not legally obliged to speak to the police or to security, so don’t. For your own safety and others’. They will try to deceive you into giving information. Answer ‘No comment.’ to ALL questions at the protest and if you are arrested.
No personal details
You do not have to give any personal details under any stop and search powers (and most other powers), so don’t. Don’t incriminate yourself or others! Remember, No Personal Details.
Under what power?
If the police or security ask you to do something, ask ‘Under What Power?’ (i.e. what law are they using and why), and make a note of what they say. Security and police often rely on you not knowing the law. Asking ‘Under what power?’ can challenge them to act lawfully. Once you have your answer, ignore them or walk away. Remember No Comment!
No duty solicitor
If you are arrested, use a protest experienced solicitor (one from your Bustcard). They will give you free legal advice. Duty solicitors (the solicitor on duty at the station) will almost certainly know nothing about protest laws and often give bad advice.
No caution
Cautions are an admission of guilt and will show on your record. Cautions are an easy win for the police, as the police don’t have to provide any evidence or convince a court of your guilt to issue you with a caution. At the very least, you should never accept a caution without taking advice from a recommended solicitor, and having them explain why you’re an exception to the rule.
Remember the 5 key messages: No Comment, No Personal Details, Under What Power?, No Caution, No Duty Solicitor.
What if the police try to talk to me?
At the camp and during actions, we ask that no one talks to the police. This is not only because, in doing so, you can let slip more information than you realise, but also because seeing people talk to police makes others feel unsafe. There will be a dedicated police liaison at all times during the camp. If a police officer tries to talk to you, you should direct them to this person and answer any questions with “no comment”. Thank you for respecting this policy, and do feel free to ask questions about it in your welcome briefing.
What are the legal risks associated with attending Reclaim the Power?
All protests come with some risk, and it’s much better to be informed and, therefore prepared, than not. However, it is important to balance what is possible against what is likely. No one attending one of our camps has ever previously been arrested just for being present. Even in situations where people take part in direct action and are arrested, few are charged and even fewer are convicted. It is unlikely that police will intervene to remove the camp, although this is possible under certain police powers. It is also possible that the camp could be evicted by the landowner obtaining a possession order (though this is unlikely given the timeframes involved), or that there could be an injunction placed over the area where the camp is situated. There is more detailed information about what these risks mean for those attending Reclaim the Power in our legal briefing here and further along on this page.
What is an injunction?
Injunctions are court orders that specifically instruct someone to do or not to do something, for example, not to set up an encampment on university property. They can include things which are already illegal, such as causing criminal damage, but they can also ban activities which are legal under normal circumstances. It is seen as contempt of court to break an injunction, and this has a maximum penalty of a prison sentence. The organisation taking out the injunction does not have to prove that you personally knew about the injunction. However, if you unknowingly break an injunction, your personal lack of knowledge can be a good defence.
We believe that being open and transparent around the risk posed by injunctions, and other location and time specific powers, such as Section 12 and Section 14 orders, is the best way to demystify them and combat their chilling effect on protest.
However, we don’t want to do the police and Drax’s job for them. To this end, we’ve devised our traffic light system, which we hope will allow you to have informed consent about risk levels that exist (to the best of our knowledge) without stating the specific details which would make these repressive legislations more enforceable.
There is more detailed information on injunctions in Not 1 More’s comprehensive guide.
How will risk levels be communicated to those attending the camp?
Reclaim the Power has run protest camps on squatted land for over a decade. There are always legal uncertainties, and we don’t know how the police, Drax, or the state will respond to this camp.
We aim to operate on a policy of informed consent. Arrests are not the aim of our actions, and we believe that you are the best person to decide whether the camp is for you, based on the general information we can give about how laws are commonly applied or enforced.
However, some legislation is easier to enforce if conditions are known and have been shared. To protect each other and avoid doing the police’s job for them, we have agreed, over the course of multiple gatherings, to use the following traffic light system to communicate some specific aspects of the legal situation of the camp itself, particularly any special measures brought in by Drax or the police.
See the legal risks table (found in the full legal briefing) for details on the legal risks, as well as signposting to more specific information on visas and immigration status.
The following traffic light system will be used throughout the camp, and any updates to the camp status will be communicated clearly to all on site.
The current status of the camp is: Green Risk. To the best of our knowledge as of 01/08/2024, the area the camp will be on is very unlikely to be covered by any special measures.
Red Risk Camp
There is a risk of arrest and/or legal consequences for those attending the camp due to special measures being put in place that cover the camp, or a change of circumstances for the camp as a whole. It remains unlikely that everyone would be arrested due to the numbers of people at the camp.
Amber Risk Camp
There is some risk of arrest for attending the camp, it may be more easily avoidable and the risk of and severity of legal consequences are relatively lower than red risk.
Green Risk Camp
There is no reason to think attending the camp would have a significant risk of arrest. As with all protest, the behaviour of the police and State is not something we can control but they don’t have power to arrest. No special legal circumstances or measures apply.