Your legal rights at a protest: October week of action

Please note: This general guidance has been compiled with the help of lawyers. However, it is only general guidance. We advise you to seek specific legal guidance relating to your personal circumstances as and when you need it.

Before the protest:

Write the phone number of a lawyer on your arm. This is the lawyer you have the right to call if arrested.

Take notebook and pen, some muesli bars, smart casual clothes, a water bottle or keep cup.

Leave your expensive phone at home. Take a cheap one without all your contacts, or just a camera.

The police may search you. Don’t bring anything that might be regarded as a weapon, or illegal drugs. If you need to take prescription medicine, bring it in a labelled bottle and bring the prescription too,

Bring info reminding you of your rights.

Give someone (such as your buddy) the number of a friend or family member to contact if you’re arrested.

At the protest:

You do not have to talk to police.
You can film and take notes.
Do not lie to police or be violent or threaten them.
Do not identify individuals as organisers of the protest.
Be calm, measured and polite.
Do not interfere with police doing their job. Don’t struggle with them.
If in doubt, ask police “what are my rights in this situation?”
Police must tell you if you are under arrest and what for. Ask: “Am I free to go”? “Why am I not free to go?”
Police can search you for weapons or drugs or if you are under arrest. Otherwise they need your consent. Clearly say: “I am not agreeing to a search”.
Behaviour that is likely to antagonise police: being rude, swearing, not complying with directions, arguing with them, touching, pushing or jostling them.
Police can arrest and move you if they reasonably believe a breach of the peace (harm to people or property) is happening or about to happen.

If arrested:

You should only give your name, address and date of birth. You could also say “I don’t want to say anything else until I talk to a lawyer.” Anything you say can be used as evidence against you or another person – so it’s better not to say it.
You have the right to talk to a lawyer.
You have the right to an interpreter
Police can take your photograph, prints, height measurement and (for most offences) a DNA sample.
Police can search you and take your property. They can frisk you. If they take you into custody they can do a more thorough search and can search your phone and require you to unlock it.
Do not antagonise police. Remain calm and polite.
You are very likely to be released after processing though you may have to agree to bail conditions. If you have been charged, you will be given a court date.

If you are under 18, you must have an adult with you for any questioning if police think you have committed an offence, and the chances of a conviction are much less.

Be aware:

Police can use reasonable force to arrest you and it can hurt. It can also be disorienting, boring and unpleasant to be arrested and spend time in a cell.
Most protest offences are regarded as low level, and may result in no more than a warning, diversion, or a discharge without conviction, and if you are convicted (especially for a first offence) the outcome is likely to be a fine of less than $1000.
A charge or conviction may become known to friends, family and employers or potential employers. They may affect residency or citizenship applications. You will be asked about them when applying for visas, though low level offences will probably not stop you travelling to most countries.
Extinction Rebellion has arranged free on-call legal advice if you are arrested, but is not able to pay legal costs after that.
The process of getting arrested can be stressful and if you are charged court cases can add further strain. Take care of your mental and emotional health.
If you wish to make a complaint against the police, then Extinction Rebellion and Community Law Centres can advise you of the process.