'Have you complained to Girl Guides or similar and been threatened by the police with arrest / "being spoken to"? This thread is a brief primer on some of the law in this area.
The police have no lawful power to interfere with lawful free speech.'
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There can therefore be no lawful arrest where lawful free speech is involved. This means if you are simply stating your point of view and the police want to interfere with that in some way, by speaking to you, by "inviting" you for interview, unless they provide a lawful basis
you have every right to refuse. Ceri Black did precisely this in Norther Ireland because she judged the police had no lawful basis to arrest her or suspect her of a criminal offence. That seems to be the case as they declined to arrest her.
Arrest is governed by section 24 of the Police and Criminal Evidence Act. An arrest in law requires two things to be lawful. Grounds and Reasons.
legislation.gov.uk/ukpga/1984/60/section/24
Grounds (see ss.(1-4)) basically means the police must have "reasonable grounds" for believing a criminal offence is currently, has or is going to be committed. Free speech is not a criminal offence.
"Reasons" means the law requires an arrest to be necessary (see subsection 5) - the most commonly used is 5 (e) - "prompt and effective investigation of an offence. Note the word offence.
It follows thus. If there are no grounds for suspecting a criminal offence an arrest will be unlawful. If there is no reason for an arrest similarly so. If an arrest is unlawful it can amount in civil law to a "wrongful arrest/false imprisonment".
This explains why sometimes you do not get arrests when threats are made. The reason is that the police have been advised by a civil lawyer if they do arrest they will be liable in civil law.
So it comes to this. Any attempt to interfere with free speech, because of the chilling effect that has in a democracy should be closely scrutinised. You are entitled to speak you mind where you are simply exercising lawful freedom of speech.
It's very sad that I read today that some police forces don't appear to be on top of this basic principle of law despite the Court of Appeal (Civil Division) in Miller v College of policing being clear on this. But I hope this assists anyone worried about this.
- hope Dennis doesn't mind me reproducing most of his thread here in case it's of use to any women worried about this issue. I'm not on Twitter so can't ask him directly. It's good to know that informed allies like Dennis are there to help.