November 27 2004
Cover Story
New Labour's police state
Nicky
Samengo-Turner
On Wednesday 3 November I was driving along the Embankment
towards the City when a police constable stepped out into the road and flagged
me down. It was 11.30 in the morning, and I was in reasonable time for a meeting
with some corporate lawyers which was due to start at midday.
The
constable was accompanied by another policeman and a group of three men in what
looked a little like traffic wardens' uniforms, with pale blue bands round their
caps. These, I later discovered, were Mr Blunkett's new militia, the police
community support officers. Their task, according to Sir John Stevens, is to
'perform the vital role of security patrols in central London, deterring
criminals and providing intelligence to police officers'.
'We are
conducting random stop and search under current anti-terrorist legislation,'
began the constable, addressing me through my open side window. 'Would you mind
if we searched your vehicle? We're training these new community support
officers.'
Although a little worried about being late for my meeting, I
was impressed by their air of professionalism and vigilance. I was pleased that
the government was doing something to keep us all safe and thought it would be
selfish to refuse. 'I don't mind at all,' I replied, 'as long as it doesn't take
a huge amount of time.'
I unlocked the doors and they went through my car
and its contents: my overnight bag, my wash bag and glove box. Next, they
gestured towards my briefcase and asked if I could open it. Of course, I said,
and as I lifted the lid I pointed out to them a Victorinox Swiss multi-tool,
contained in a small webbing case, and a small collapsible baton, contained in
another piece of webbing.
It is perfectly legal to buy both of these
items. The penknife I carry because I find it useful for many small everyday
tasks -cutting through packaging, opening bottles. The baton I bought over the
Internet to keep at home for security reasons. I live in a rural part of Suffolk
that, although thankfully relatively crime-free, is policed very sparsely. I
often hear people outside the house at night - that same Wednesday evening, for
instance, my wife discovered a harmless but mentally ill tramp yelling loudly in
a nearby barn - and I feel more comfortable with the baton inside the front
door. A week or so before my police search, I had discovered my nine- and
twelve-year-old girls playing with it and had locked it in my briefcase for
safekeeping.
The community support officers reacted immediately. They
behaved as if they had never seen a penknife before, pulling out the
bottle-opener, the corkscrew, the thing that gets stones out of horses' hooves.
'This device has a locking blade,' said the constable, after which a short,
whispered debate ensued. My goodwill towards the police began to give way to
alarm. I reached for my mobile to call the lawyers and explain that I was going
to be late for my meeting, but the constable stopped me. 'Turn that phone off,'
he said. 'You're about to be arrested for possessing offensive weapons and
carrying a bladed instrument in public. You'll be allowed one call when we get
you to Charing Cross police station.'
I felt confused and indignant. As
we stood by the side of the road, waiting for a police van to arrive, I asked
the constable whether this whole business was, in his opinion, a valuable use of
police time and resources. This was when the policemen and the PCSOs started to
become hostile. 'You've committed an offence, mate, and you'd better get used to
the fact that you're going down for six months,' said one policeman.
'Do
you realise, sir,' said another, 'that behind us is the Ministry of Defence, a
key target for potential terrorists?'
'But why did you stop me in the
first place: do I seriously look like a potential terrorist?' I
asked.
'We stop one in every 25 cars on a random basis, and, let me tell
you, sir, criminals and terrorists come in many different guises,' replied the
policeman.
'Shouldn't you be concentrating on men of Arab extraction?'
This seemed to me to be a sensible question, relevant to the current state of
the world. The policeman said, 'That is a racist comment, sir.' Then the van
appeared. I was locked in the back and ferried to Charing Cross. As we drove
there, the policemen made small talk. They told me that they would be out for a
pint tonight, whereas I was going to prison. They wondered what it would feel
like for me not to be sleeping in my own bed.
Upon arrival at Charing
Cross, I was subjected to the as-seen-on-TV rigmarole of being booked in by the
desk sergeant. Most of the questions focused on my racial origin and HIV status.
They asked if I had a craving for non-prescription drugs, and if I required any
religious paraphernalia. My belt and personal effects were removed, and after a
statutory telephone call to my lawyer I was 'banged up'.
By this time it
was about 12.20 and I spent the next three hours dozing on a wooden bench. At
about 4.30 p.m., my solicitor had arrived and it was time for an 'interview
under caution'. First, I had to be fingerprinted. The police constable who had
originally flagged me down reappeared, and began the arduous business of
'processing' me. The man's lack of competence was comical. He had problems
applying my fingers to what appeared to be a sophisticated and expensive
fingerprint-scanning machine, and with each failed attempt he became angrier and
angrier. Tired and fed up, I gave in to the temptation to needle him. 'Having
problems with your new toy?' I asked. He replied, 'Shut the fuck up, you
arsehole.'
He was no better at operating the tape recorder used for my
interview. Much fumbling of cassettes was followed by screeching noises from the
equipment. During the interview itself, I found him inarticulate, incompetent
and only tenuously in control of his temper.
After the interview, I was
re-introduced to my cell. I understood from my solicitor that the same police
constable would speak to the Crown Prosecution Service, and a decision would be
made about whether to charge me formally. I was also told that if the policeman
had wanted to, he could have let me off with a caution after my car had been
searched and the penknife and baton discovered.
Sitting in my cell, I
thought a bit about the way I had been treated. For the police to be behaving
like this at a time when we are all concerned about terrorism and street crime,
and when resources are stretched and manpower is limited, seemed extraordinary.
It was also, I decided, in direct contrast to the qualities of professionalism,
endurance and discipline that are the hallmark of Britain's armed forces. I have
(now long outdated) personal experience of two training establishments, the old
Guards' Depot at Pirbright and the Royal Military Academy at Sandhurst, both of
which are successful in creating tough but professional men who are in control
of their actions and able to make sensible decisions under pressure. Whether on
the streets of Belfast, in the mountains of Bosnia or in the deserts of Iraq,
lieutenants and second lieutenants as young as 19 and 20 provide the linchpin
between senior officers and rank-and-file men on the ground.
And this, I
suspect, is the problem with the police - they have no proper training and no
officer corps. The old adage goes 'there is no such thing as bad soldiers, only
bad officers'. The scruffy, overweight, badly turned-out, ill-mannered policemen
I encountered at Charing Cross police station were desperately in need of decent
leadership.
So I was not surprised when I was brought back before the
desk sergeant and told that the CPS had made the decision to go ahead and charge
me with possessing an offensive weapon and carrying a bladed instrument in
public. I was bailed to appear at Bow Street magistrates' court and informed
that I was free to leave.
As I was about to pass through the door to
freedom, I am ashamed to say that I snapped. The knowledge that we could, so
easily, have avoided the whole drawn-out, expensive and upsetting procedure was
too much for me. I turned to the police constable and said, 'You really are a
prize wanker.' At this point, and in full view of my solicitor, he lost it. He
grabbed my lapels, and pushed me up against the wall. My solicitor yelled, 'You
have just assaulted my client!'
Four other police officers rushed into
the corridor, accompanied by the desk sergeant. 'Right, rearrest him: public
order, breach of the peace,' shouted the sergeant at me. 'You'll be spending the
night here.' My solicitor said that she wanted the assault entered in the
daybook, and that we would be bringing an action. So they let me go.
In
the aftermath of my experience, I started some purely anecdotal research on the
type of behaviour and attitude displayed by the police towards me. In speaking
to friends, acquaintances, tradesmen, cab drivers and people in the pub I
rapidly came to realise that a quite staggering number of ordinary, law-abiding
people had endured similar experiences.
It is worth remembering how new
these powers are. It is only since the Terrorism Act of 2000 that the new
community support officers, in the company of a constable, have been allowed to
stop and search a car; and that is by no means all they can do. After a mere
three weeks' training, a CSO can give you a £30 fixed penalty ticket for such
minor derelictions as riding your bike on a pavement, or dropping a crisps
packet. He or she may take away your booze if you are drinking in public, or
confiscate the fags of an underage smoker. These CSOs may detain you by force
for 30 minutes, pending the arrival of a police officer, if they think you may
be guilty of an arrestable offence. And who can doubt that they will soon be
able to demand the production of an ID card, and detain you if you fail to
produce it?
And on it goes. Last week Parliament passed the new Civil
Contingencies Act, which gives the government astonishing powers to declare and
prolong a state of emergency sine die. This week Her Majesty announced in the
Gracious Address that there is to be a new Counter-Terrorism Bill, and among its
provisions are rumoured to be judge-only Diplock courts for terrorist
suspects.
Such measures are surely only justified in a society at war,
and they might be acceptable if we were truly a nation under siege. But that is
not how it feels to most of us. We have a terrorist threat to London and
elsewhere, a chronic and worrying problem; but that does not amount to a war,
any more than the IRA bombing campaigns of the 1970s did, and yet we are
enacting measures more repressive than those applied in the Blitz.
By
the way, once I had been sprung from the police station, I walked back to the
Embankment, where my car had been left since the arrest. It was, by this time,
6.45 in the evening and, sure enough, there on my windscreen was a Metropolitan
Police parking ticket. One further thing - I have just found out from my
solicitor that the copy of the interview tape sent to us by the police is
entirely blank.
Nicky Samengo-Turner, formerly an investment banker, now
works in the Formula 1 motor-racing industry. The Metropolitan Police said,
'This matter is currently sub judice and as such it would be inappropriate for
us to comment on any of the information in the article.'