Party Vibe

If the police attempt to enter the premises without a warrant, they will bluff, cajole and threaten. Under the CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 (C.J.A) the police have powers to enter, stop parties and confiscate equipment. Nevertheless, the police may also try to gain entry on the grounds of different offenses.

All of the likely ones are dealt with here – but the list is not exhaustive.

This section defines what a rave is:

This section applies to a gathering on land in the open air of 20 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and for this purpose — It includes parties on your own land or anyone else’s. It does not include raves in enclosed spaces – e.g.. underground tunnels, caves etc., nor fully enclosed warehouse spaces etc.

It could catch any decent outdoor party!

Once the above circumstances have been found to exist, police have extra powers of stop, search and seizure. They can enter a premises without warrant to see if the situation would justify a section 63 direction / to use any of the following powers:

They can direct..

2 or more people preparing for…
10 or more people waiting for…
10 or more people attending the rave…
10 or more persons are attending such a gathering which is in progress…

…to leave and remove any vehicles or property from the land.

They can arrest you if you fail to comply within a reasonable time or if you return within 7 days.

They can seize and remove vehicles and sound systems if a direction has been given to leave and you don’t, or if you return within 7 days.

If the police exercise their powers under this act, there is little you can do (legally) except try all the usual tactics. It is unlikely that the police will arrest the whole party (tho’ there’s always a first time!) but they will seize equipment.

CASE HISTORY:

Blackmoon at Corby, August ’95. At the conclusion of the trial, February 1996, they were found guilty and the PA was forfeited and is scheduled for destruction, cost of which was to be paid for by the defendants. One member was given 1 years conditional discharge which is essentially a bind over, but more serious as it is a criminal offense. An appeal is pending.

Defense: “reasonable steps” must be taken to inform those present that a direction to leave under Section 63 has been given. Was it? How? When? By whom? The direction must be given by a Superintendent and then any constable at the scene can communicate this to those present. A constable operating alone cannot issue a direction. The officers must identify which section they are using. It can be a defense to argue that the time given to leave was ‘unreasonable’, e.g.. vehicle broken down, overheated PA, etc. Think it through… It is a defense to have a reasonable excuse to re-enter the site. To collect something?

Powers relating to seizure of PA should not include staging, lighting, vinyl, backdrops, instruments – just the actual PA equipment. The police regularly abuse their powers in relation to this one and it helps if you have someone on the scene who is willing and able to argue the point.

A lawyer on the end of a mobile phone can be very useful, prepare yourselves in advance!

Hired equipment can be retrieved by the owner if it can be proved that there was no knowledge of the PA being used at the gathering. The owner must apply to the court for it’s return and will get it back eventually.

BREACH OF THE PEACE

There is no clear definition, either for them or for us, hence the Criminal Justice Act which does away with all the unclarity.

Breach of the Peace is used in aggressive / public order offenses when there is “aggro” or something that is breaching the “Queen’s peace”. Usually it has meant when harm is actually or likely to be done to a person, or, in his presence, to his property, or when someone is in fear of being harmed through assault, riot, or unlawful assembly. If you are trespassing, a landowner or his / her agents can use force to remove you, but the police cannot act as the landlord’s agents.

Trespass is not a criminal offense, and as such is not arrest-able. If you should resist the landlord’s attempts to remove you while the police are present you may be arrested for a Breach of the Peace. Always ask who the landlord is, ask to be introduced, and calmly insist on knowing what is meant by Breach of the Peace. If all else fails and the police force entry without a warrant and arrest etc., immediately contact a 24 hour helpline and complain or sue. Aggravated Trespass is a different ball game and is widely used (Newbury, Hunt Sabs, etc.)

NOISE COMPLAINTS

It is possible that the police will try to shut a party down via the Local Environmental Health Officer or vice versa, even though they have a whole range of other powers to choose from. They may turn up with someone from the Local Authority. They can serve an “abatement notice” on the party organizer at the time or before, and failure to comply with any such notice could lead to confiscation of the PA. However, it would be the Local Authority, not the police, who would bring any subsequent prosecution. The police themselves do not have the power to close anything down or seize anything under this law. Many councils now have “Party Patrols” and are using them and occasionally taking people to court. Fines for ignoring enforcement notices are stiff; max £5000, or £20,000 if the premises were ‘business premises’. Some councils are not using the courts, but are using a ‘bind over’ to keep the peace, or lose your home! They will return hired P.A’s the following Monday.

Warning! The Noise Act 1996 is now in force to target house parties, but the Institute of Environmental Health Officers issued a report recommending that travelers and ravers should have access to derelict land for both living and partying! Good on ’em, E.H.O’s should take note.

PRESENCE OF DRUGS

Insist on the presentation of a search warrant if the police want to search the premises. Do not invite them in. Once inside by invitation they can search the area. They do not need a warrant to search a person, a vehicle, or a vessel if they have reasonable grounds (i.e. smell) to suspect there are drugs present. The mouth is no longer an intimate area, and can be searched without consent. Please remember this (for obvious reasons).

Obstruction under the Misuse of Drugs Act 1973 is designed to cover any disposal of the drugs e.g.. swallowing, dropping, throwing etc. Use your common sense – the police will need to prove that it was your drugs they saw thrown to the floor. It is important to remember that “obstruction” is potentially more serious than mere possession, and carries separate penalties.

PUBLIC NUISANCE

Basically this is another catchall. It means any act or omission that may endanger life, health, property, morals, or the comfort of the public, or obstruct the public from enjoying their rights! It must affect a proportion of the community (i.e. needs a lot of complaints, not just a few).

In spite of the C.J.A, police are still using ‘Public Nuisance’ or ‘Conspiracy to cause Public Nuisance’ under the Criminal Law Act 1977. Raves / acid house parties have been held to constitute a public nuisance (see Regina v Shorrock [1994] 98 Cr. App. R. 67).

If you are the landowner you are deemed guilty if you knew or ought to have known that the use of the land would result in a public nuisance. Using this one, the landowner can be nicked, but not if the CJA is being used. It does not have the power of arrest without warrant.

ILLEGAL SALE OF ALCOHOL AND UNLICENSED ENTERTAINMENT

You do need a license to sell alcohol, and it is illegal to sell without – to do so leaves you open to charges of organizing an “illegal entertainment” which is quite serious, as it’s all to do with health and safety, fire regulations, etc. and could justify arrest. Maximum penalty £20,000 fine and / or 6 months inside.

It’s best to stick to teas, soft drinks, soup and lots and lots and lots of water! (Free water and flat or fizzy drinks are better for dehydration purposes.) The C.J.A does not apply to anything that is licensed.

ROADBLOCKS

Police can set up road checks when they believe there is a Breach of the Peace, or one is imminent (see Breach of the Peace. If the road block is of the B of the P variety, remember the bit about ‘violence’). Although they can be asked for reasons, and might later have to justify their actions, they may turn you back from your destination. Get organized, get names, and numbers, record dates, witnesses etc., because there is not constitution, and no “rights”

However, under the C.J.A, the police have powers to stop any person who is en route to a section 63 gathering (i.e. officer reasonably suspects is en route – presumably by their hairstyle, hat, music playing, general appearance and other objectionable prejudices) within 5 miles of the boundary of the party and direct them not to proceed in the direction of the gathering.

If you fail to comply, or you come back, you can be arrested and you are committing an offense. They can do this in respect of raves (section 63) and “trespassory” assemblies. The important thing to remember about section 63 is that it applies equally to places that are not trespassed. It’s worth remembering that the blocks can be in the middle of the country and a long queue of cars is not what they want. Don’t give up, don’t go home, there’s safety in numbers and the persistent and sorted get there in the end.

STOP AND SEARCH

Under POLICE AND CRIMINAL ACT (PACE) the police have powers to search a person in a public place if they have reasonable grounds to they have stolen or prohibited (i.e. weapons / drugs) articles on them. Codes of practice under PACE apply which says:

CLAUSE 7:

Reasonable suspicion can never be supported on the basis of personal factors alone, e.g.. color, age, hairstyle, or manner of dress…. nor …. stereotyped images of persons or groups.

Before a search of a vehicle the officer must take reasonable steps to tell you: his name and number, the object of the search and the grounds for doing it, and if practicable, (i.e. it’s quiet), make a record of the search and give it to you, using a special form called “The National Search Record” (code 4:3). Insist on it being filled in, because they hate the paperwork and being asked to justify their actions. Reasonable force can be used to search you / your vehicle (code 3:2).

CONFISCATION OF RIGS AND EQUIPMENT

Now the police have vastly increased powers to seize and retain vehicles and sound systems. Once a section 63 gathering is found to be in place (a “RAVE” as defined by the Act) and the police have directed that all persons leave the rave and remove their equipment and vehicles and they refuse to do so within a reasonable time, then they can seize them.

They can also retain all seized equipment until the end of the proceedings (i.e. the court proceedings that may arise out of any criminal charges brought under the Act). This could be a very long time, and could cost people a lot of money in lost revenue. Further, the police can charge the owners of the property for the costs of removal and storage, and worse, destruction!

It would appear that the police are fairly reluctant to nab hired equipment, for obvious reasons. If they do, it can be retrieved eventually. Whatever the source of your PA, always hire it!

FORFEITURE

Vehicles cannot be forfeited, but the costs of removal and storage can be reclaimed from the owner (by way of a civil debt – but it may mean you don’t get it back until you’ve paid up, or made an arrangement to do so.)

Sound systems can be forfeited but it is not the police who decide. It is a matter for the sentencing court – they can decide that as part of your sentence (i.e. you have been convicted of an offense under the Act) that you should forfeit it. However, they have to be sure it was used at the rave.

If it has been disabled prior to it’s removal, then it could be more difficult to prove. They should look at the effects of an order for forfeiture on the owner – i.e. the more it is worth, the less likely they are to make that order.

Always ask what powers an officer is using – seek legal advice if anything is seized. Don’t forget, your lawyer is your representative. Don’t leave it all up to them! Question, discuss, plan with them, and if you are not satisfied, change them!