Petition to repeal expanded powers of arrest for UK cops

Citizen K sez, "Retired senior police officer David Gilbertson has created an online petition against expanded police powers of arrest in the UK. The Serious and Organised Crime and Policing Act of 2005 removed the link between an imprisonable offence and the power of arrest, instead allowing police to arrest people for any offence whatsoever. People have since been arrested for climbing a tree and dropping litter."

Section 110 of the Serious Organised Crime and Police Act 2005 was enacted to replace Section 24 of the Police and Criminal Evidence Act (Arrest without Warrant: Constables), and for the first time since 1829 has empowered any constable to arrest and detain any person without warrant for any offence, no matter how trivial. Constables may now arrest for offences which do not attract a sanction of imprisonment and are merely summary in nature, such as minor traffic offences and bye-law offences. In all cases they may use reasonable force, may detain with handcuffs, and may require a DNA sample to be taken. There is a body of evidence which shows that police officers are abusing this power in large measure.

Petition

Background from the Guardian's Henry Porter (Thanks, Citizen K)

[#1 posted by Raj77, March 10, 2009 8:48 AM]

I am eternally grateful that this doesn't apply in my jurisdiction (NI), or in Scotland.

England and Wales, pull your fingers out!

[#2 posted by eAi, March 10, 2009 9:26 AM]

Not a single petition on the government's website has resulted in any change. Every single time they fob people off by saying how they're doing this that and the other.

I've never seen them say "Hey, that's a good point we'll do something about that" or even anything approaching that - it's always defensive.

They don't care what we think, they only care that we think they care!

[#3 posted by Xopher, March 10, 2009 11:27 AM]

I'm beginning to admire the courage of people who remain in the UK, fighting the good fight, as it slides into an Orwellian nightmare. (NOT the people who stay there thinking "Never going to affect me" or "good, they'll catch more of those hooligans"—they're just stupid.) Nor would I fault anyone for deciding to get out while they still can.

When you can be arrested for literally any reason, and the cop who arrests you won't be punished if the arrest cannot be justified, there are no civil liberties.

This law isn't quite that, but since "I saw him drop a candy wrapper" is sufficient justification, the distinction is very fine.

[#4 posted by Takuan, March 10, 2009 11:39 AM]

perhaps the government is afraid of mass unrest and violent demonstrations this summer.

[#5 posted by Anonymous, March 10, 2009 11:56 AM]

Is it better or worse here in Canada, where *most* cops would rather admonish than arrest, except in serious cases? (or RCMP involvement)

I like to think that "Hey kid I see you and you better not be doing what I think you're doing" is a better actual *deterrent* than jail, yes?

[#6 posted by zombieite, March 10, 2009 7:14 PM]

Wait, in the U.K. you have to do something incarceration-worthy to be arrested? That's awesome. Too bad you're losing it and all, though.

Apparently, in the U.S., we never had it so good. In Atwater v. City of Lago Vista, it was verified, by no less than the highest court in the land, that ANY crime can get you arrested and taken to jail. The only deciding factor is "if the officer feels like taking you to jail".

Atwater v. City of Lago Vista

[#7 posted by eustace, March 10, 2009 9:01 PM]

Perhaps we in the US should start a similar petition, to actually gain a civil right - we should have no shortage of examples of abuse.