Showing posts with label Criminal Justice Justice. Show all posts
Showing posts with label Criminal Justice Justice. Show all posts

Saturday, 13 March 2021

We ain't got no swing; Except for the ring of the truncheon thing [1] | by Andrew Wastling

SUCCESSIVE generations of Britain's working class it would seem are destined to endure a double hammering on the anvil of Tory economic policy and the cosh of the police truncheon. This multi-generationalional masochism is in some cases entirely self inflicted by the apparent inability of elements of the working class to agitate, educate and organise at grassroots level to vote for candidates who represent their class interests (The infamous Working Class Tory voter) or to establish working models of self-government outside of, and independent to the terminally corrupt Parliamentary system ,
( The Non-Parliamentary Road to Socialism ).
This pantomime more akin to a Dario Fo farce than a mature fully functioning democracy is abley co-facilitated and enabled by a neutered Blue Labour bureaucratic class hunkered down in their Town Halls bunkers and a sycophantic & quisling mainstream media promoting a 24/7 pro-government propaganda news agenda narrative.
No one should be surprised that former Goldman Sachs banker Richard Sharp is set to be appointed the Chairman of the BBC's board of directors after donating more than £400,000 to the Conservative Party since 2001 .It should come as no shock to any of us either that a rogue Johson administration will be expecting an imminent popular backlash and is pre-rigging the courts and legislature accordingly. Johnson after all bought the three water cannon he expected to have to deploy on the streets of London when he was Mayor way back in 2014 (although they were subsequently scrapped Johnson said later: We can’t use them at the moment. That is correct. We haven’t been given a general licence for their use. We will keep these devices in reserve and should there be another occasion when they might be a useful tool of crowd control, the Metropolitan police commissioner can make another application.)
More recently the arrest and ten thousand pound fine of a pensioner for organising a socially distanced protest in support of an increase on the paltry one per cent pay rise for NHS workers in Manchester, (Has GMP been consistent in handling protests during Covid? What police, protesters and Andy Burnham have to say... - Manchester Evening News) , and this weekend's effective banning of the vigil for Sarah Everard in Clapham by Metropolitan Police shows clearly which way the wind is blowing and the chilling effect it is set to have on future protests. The 1986 Public Order Act and the 1994 Criminal Justice Bill & Public Order Bill serve as just two reminders of how a reactionary state apparatus legislates to suppress not only political dissent but lifestyle choices such as New Age Travellers (The Battle of the Beanfield) and Britain's 1990's Warehouse & Acid House Counter-culture - both seen as a serious challenge to a moribund establishment by disaffected and creative youth.
This is merely history repeating itself as the state seeks once more to silence voices of dissent and prevent the free association of people as it has done for centuries from The Diggers of St.George's Hill in 1649, through to Peterloo, Red Clydeside, the 1984 Miners strike and the Poll Tax Riots of the 1990's and beyond.
The famous quote attributed to Emma Goldman: If I can't dance, I don't want to be part of your revolution seems likely to resonate loudly in Covid ravaged Britain as a government claiming to be Levelling Up might suddenly find the Levelling process goes in entirely an unexpected redistributionary direction. Britain's youth may be willing to accept curtailments to their individual freedoms & liberties this summer as a necessary precautionary measure to combat the transmission of Covid through our communities it is difficult to see how such draconian restrictions will be imposed or widely followed next summer (or the summer after that) without some kind of culture clash ensuing later if not sooner.
Local Public Space in Rochdale & the homeless
At the local level readers might want to ask their prospective ward councillors standing for public office in May what their personal views are on the anti-democratic measures lurking in the small print of Rochdale Councils Public Space Protection Order?
Local campaigners rejected the deeply flawed legislation on the grounds that:
The Council should not fine people who are homeless if they beg for money. We also believe banning people from giving out leaflets is a serious attack on our civil liberties. The other parts of the order are unworkable and will lead people, particularly young people, to be brought unnecessarily into the criminal justice system.
http://www.rochdale.gov.uk/pdf/2018-08-22-made-rochdale-town-centre-pspo-v2.pdf
It would be interesting to see how many councillors have actually even read the locally drafted legislation they voted for which can also be readily deployed against union members on a legitimate picket line or require campaigners to ask permission before handing out leaflets on a street stall or holding a demonstration in the town centre?
If they want our votes sometime before May 6 is probably a good time to put them on the spot The price of freedom truly is eternal vigilance!
In the meantime here's a summary of organisations calling for protection of the right to associate and protest:
Netpol:
Netpol have launched an urgent petition calling on the National Police Chiefs Council to adopt new guidelines to protect the right to protest – or explain why they refuse to do so. Add your name today. A Charter for Freedom of Assembly Rights | Netpol
Liberty:
In the coming weeks, MPs will vote again on the harmful Coronavirus Act – the biggest threat to civil liberties in a generation. Email your MP today and tell them to change course, scrap the Coronavirus Act, and replace it with a rights-focused approach, such as the Protect Everyone Bill. Liberty Human Rights
Amnesty International:
Amnesty International has condemed the conviction of Spanish rapper Pablo Hasél for “glorifying terrorism” and is calling on the Ministry of Justice in Spain to change the criminal code and defend freedom of expression.
Hasel has been sentenced to nine months’ imprisonment and six years’ disqualification from employment in the public sector. He has also been convicted of insulting the Crown and state institutions. In total, he will face a fine of almost 30,000 euros.
Esteban Beltrán, Director of Amnesty International Spain, said: “No one should face criminal prosecution for expressing themselves on social media or for singing something that may be distasteful or shocking. Expressions that do not clearly and directly incite violence should not be criminalised."
“Pablo Hasél’s imprisonment is an excessive and disproportionate restriction on his freedom of expression, but he is not alone in suffering the consequences of unjust laws: many other artists, journalists or activists have received heavy fines or long periods of exclusion from the public sector. It’s a sad consequence for our society: self-censorship for fear of repression.
If the articles of th“e Criminal Code are not amended, freedom of expression will continue to be silenced and artistic expression will continue to be restricted.”
* Source: Spain: Jailing of rapper is 'unjust and disproportionate' | Amnesty International UK
Green and Black Cross :
Provide volunteers able to help with legal matters arising from protest and actions only. An independent grassroots project set up in the spirit of mutual aid to support social and environmental struggles within the UK.
Excellent demonstration Bust cards can be downloaded from : Bustcard | Green and Black Cross
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APPENDIX :
[1].London Calling : The Clash ( Joe Strummer & Mick Jones ) 1979
EDITOR'S POSTSCRIPT:
BASED ON LIBCOM ACCOUNT.
Who is Pablo Hasél? And what is happening in Spain in regards to his case and the riots that followed?
Pablo Hasél is a 32 year old Catalan1 rapper and anti-fascist. As a rapper his songs generally focus on left-wing causes, armed struggle, and are frequently critical of the Spanish monarchy.2 The Spanish state has extremely retrograde laws regarding what may be thought of as ‘freedom of speech’. These include article 491 of the Spanish Penal code which calls for fines and prison sentences of up to two years for ‘Insults to the Crown’, and Article 578 which calls for similar punishment for ‘glorifying terrorism’. These laws are used disproportionately against people on the left and anarchists, while far-right individuals and neo-nazis are rarely if ever charged or sentenced to jail time.
Pablo Hasél has repeatedly run afoul of these laws. He has refused to censor his message and because of this he has been prosecuted for the content of his lyrics, especially his references to historical armed groups such as GRAPO3, and criticism of the king and the Royal family. In 2018 he was found guilty violating Article 578 and 492 and was ordered to enter into prison two years later in February of 2021. Hasél refused to voluntarily turn himself in, instead issuing a public statement and barricading himself among supporters inside Leida University. Riot police fought their way into the university and took him into custody on February 16th. His arrest and the underlying anger felt among a large segment of mostly young people in Catalunya and throughout the Spanish state led to almost a week of rioting especially in Barcelona, but also in Madrid, Valencia, the Basque Country and smaller cities like Vic, Iruñea (Pamplona), Lleida and Granada.
The widespread nature and strength of the rioting surprised many among the Spanish status quo, however it is clear that a tension has been building for quite some time as the Spanish state continues to expose and even flaunt its authoritarian nature.
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Friday, 24 July 2020

Rethinking British Policing!


T-A-S-E-R
 A 5 Point Manifesto.

by Charles D. Crichlow
IT has become abundantly clear that policing within the British criminal justice system is not working.  For decades, trust and confidence in policing among the UK Black community has been comparatively low and for good reason.  Ministry of Justice data on Race and the Criminal Justice System has consistently throughout the 21st Century shown that Black people are unjustly treated.  The call from the streets in the aftermath of the George Floyd murder is, ‘We want Equal justice under the law’; ‘We want change and we want it now’ and ‘No Justice No Peace’.
Incrementalism will not suffice.  No longer can we afford to engage in ‘look how far we have come-ism’  Herein is the outline of a manifesto for a radical rethink of policing.  I believe, that this is what sections of the public, who have been oppressed by the present system for far too long, deserve.  Upon close examination one will quickly recognise that these changes will not simply benefit a minority of the population but the whole of society.  I must point out, that the ideas put forward here, are only the beginning of what will be a long continuous road towards public safety, protection and equal justice.  No one should have a monopoly on good ideas and undoubtedly others will bring forth other welcome suggestions. This manifesto is not for faint-hearted evolutionists but rather for a genuinely radical rethink of policing in its current form, which I argue is not fit for the essential purpose of racial justice.
This manifesto is deliberately brief, so as to make way for more nuanced and detailed discussion and collective framing of ideas. What is for sure; is that it’s high time that our political leaders take a bold and dispassionate look again at British Policing and the Criminal Justice System.  Whilst also resisting the tendency to be seduced by the awesome power of police leaders to dazzle and seduce with an overly romanticised vision of policing and focus them on the hard reality of racial injustice in this nation.
I therefore set out below, the T-A-S-E-R Model which is based upon the accumulation of experience over my thirty years (Participant Observation) as an Operational Police Officer a Community Organiser and former President of the National Black Police Association. I say respectfully to those within the policing profession, that it should not be for you to determine the merits of this manifesto. Instead, it is for you to work for the public. Since you are supposed to police with our consent, I implore you to set aside the customary disdain for anything resembling a usurpation of your power to determine the policing dispensation. And that instead you pay attention to the cry for justice which is ringing out loud and sweeping across the globe. You now have at the very least the opportunity to contribute something on the right side of history. To think or do otherwise will see your authority slip even further away and pave the way for future anarchy.
T-A-S-E-R MODEL = Transparency Accountability Scrutiny Education Reparation Transparency.
Transparency For far too long, the police have been allowed to operate effectively in secret when it comes to implementing reforms.
They have effectively been given free reign to ‘mark their own homework’. This can be seen in terms of duties under the Equality Act (2010) where the public have little or no insight into how they operate and how they are monitored.
As a police officer, I have witnessed first hand the cavalier approach to these legal duties and the total disregard to its application at the front line of policing. This has to end. And a new era of Radical Transparency must be ushered in, whereby the public get to have maximum real-time insight into how the police, carries out its duties under the Equality Act. ‘The public is the police and the police is the public’ has effectively become a brainwashing mantra that misleads the public and police officers into a romantic perception of the reality. This has to be addressed by opening up policing, much more to the public gaze.
I propose that unless there is a compelling argument for confidentiality, police boardrooms where matters of public interest are to be discussed should be made accessible (via camera) to the public. It should not be left to the police alone to decide upon the many aspects of policing activity that in my view can and should be made transparent to the public. There must be a radical approach to this. Accountability
Each and every police officer is invested with extraordinary powers of discretion, to act in ways that no ordinary citizen can. Therefore much should be expected in terms of holding them to account for their actions.
In far too many cases, accountability is non-existent or is severely hamstrung by aspects of the very Criminal Justice System that is intended to protect the public. We have seen many examples of rogue officers escaping justice or, moreover, being protected by the organisation. Conversely, good officers have all too often, been hurriedly forced out of policing in questionable circumstances and Black officers have disproportionately and inexplicably found to be in this category.
I propose that the application of police Professional Standards be taken completely out of the hands of the police service and that this is coupled with a completely independent mechanism for investigating police misconduct. This would mean the complete abolition of the Independent Office of Police Conduct and the replacement with something, which is fit for purpose particularly in terms of racial justice. In addition there should be a presumption that accountability is a public concern therefore notwithstanding appropriate confidentiality issues, questions of misconduct should be answered in public.
Scrutiny
Hand in hand with a new Radical Transparency so too must there be a new era of Super Scrutiny. At present we have an extraordinary state of affairs, whereby police forces either have little or no scrutiny, of how they implement the legal requirements of the Equality Act and yet they get to pick and choose who is deemed appropriate to scrutinise their work.
The current system of inspection by the ‘Her Majesty Inspector of Constabulary’ is completely inadequate. I have seen at first hand how the police are able to very easily ‘pull the wool over the eyes of HMIC’ - a toothless tiger. Police and Crime Commissioners whose role is to hold the Chief Constable to account on behalf of the public have been fantastically ineffective in terms of racial justice. Many of these PCC’s are hopelessly incapable of performing this task not only due to competence but many are ideologically driven.
I propose the establishment of a completely independent body of highly professional and competent scrutineers in the field of equal justice with the necessary powers to ensure compliance. Their remit will include identifying disparity and ensuring police compliance with equality duties and its own equality strategies.
Education
From Training to Education, there is ample evidence to suggest that police forces are not capable of recruiting, training and developing the workforce, the public and the whole of the system required for equal justice to flourish. Policing has recently been placed on a more professionalised footing, whilst this is a welcome step it is not enough.
I propose that the recruitment and development of all police personnel should be taken completely out of the hands of the police force and placed in a framework of Education rather than simply regimented training. A genuine new ethos of Education for Public Service should be the goal where Police Forces will become genuine Police Services. This should include every aspect of current training including and particularly ‘Use Of Force’ training. This should not in anyway signal a pivot towards privatisation of any aspect of current policing functions but rather to establish new ways within the public realm, of improving policing. The College of Policing has been a signal failure in terms of its 6 remit, particularly in regard to race equality, it has simply come to reflect and replicate the racial hierarchies that exist within policing. Moreover it represents a huge waste of public money that could be put to better use. The same applies to many of the institutions, which represent policing from top to bottom.
Reparation
In order for any of this manifesto to be implemented, the current police force and justice system must come to reckoning with its past and therefore genuine reparative racial justice must be brought about.
Whole communities have been criminalised labelled and brought to ruin by institutional racism not just by hostile policing but by an entirely hostile environment in terms of education, housing policy, health and generally towards the presence of Black people in the United Kingdom who were brought here to work, build and be used as was the case under Colonialism and Enslavement.  Indeed, the roots of some of the crimes, which have plagued the Black community, particularly those of a seriously violent nature (often framed as so called ‘Black on Black’ violence) can be located in the legacy of a history of violent oppression.  These ‘chickens are now coming home to roost’ and all the tough talking about ‘rioters’ and ‘thugs’ will not drown out the voices of those who have a just cause and demand for reparatory justice.
In short, reparatory justice is the first and necessary step toward equal justice.  Any attempt to build a future upon the unquestioned foundations of the current broken system will prove to be an exercise in futility and we will be back here again. The backlash to the current movement has already begun and the need for courageous leadership is palpable. Failure to take the necessary steps will prove to be a concession towards those who benefit from the privilege of status quo and the advancement of white supremacy. We have seen and heard that the call of ‘white silence is violence’ thus, political cowardice is also violent and must be called out loudly. This brief manifesto is submitted / launched at the Windrush Defenders – ‘Burning Work: In the Wake of Windrush’ Conference (22.06.2020) however, this is a public document and will be open to much wider conversation.
Charles D. Crichlow 21.06.2020
A former police officer with 30 years service. President of National Black Police Officers Association from 2009-2013.Graduate of Manchester University School of Law with a Masters in criminology. Served as Independent Special Advisor to Tutu Foundation review into institutional racism.

Quotes: (“...pay attention to the cry for justice which is ringing out loud and sweeping across the globe. You now have at the very least the opportunity to contribute something on the right side of history. To think or do otherwise will see your authority slip even further away and pave the way for future anarchy.”)
(“We have seen and heard that the call of ‘white silence is violence’ thus, political cowardice is also violent and must be called out loudly.”)

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