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Urgent: Section 27


The FSF

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All, I'm Amanda Jacks from the Football Supporters Federation.

I'm posting as we've been doing a lot of work over the last three weeks with football supporters effected by new police powers given to them under Section 27.

More here:

http://www.fsf.org.uk/news/Section-27-been...-on-you.php?id=

The FSF have received an email that was copied from a Bristol City forum concerning a group of people who'd hired a bus to go to your game yesterday but were turned back by police just outside of Birmingham.

If anybody reading this was effected or knows the group of supporters, it is vital that they get in touch with us - it could be that our legal representatives would like to speak to you plus we can give you advice on how to making complaints about your treatment.

I can be emailed at amanda.jacks@fsf.org.uk or if you'd rather speak over the phone, PM or email me and I'll let you have my number or take yours.

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For those who aren't already aware of what happened yesterday from subbers site, see below, I highly recommend everyone reading the previously mentioned link, as this is something that seems to be happening more and more often at recent games around the country and is something the police are obviously using to reduce the amount of away fans at games, regardless of who they are and is basically just another way of them trying to achivie they arrest targets.

Yesterday a mixture of 40 older and young City left BS16 on a double deck open top bus on route to Sheffield to celebrate a close mates 18th birthday. The whole thing was a surprise for him and was funny as f''k until we just passed Birmingham.

I suppose it was to be expected (although not in Birmingham!) that we'd get pulled over and searched etc at some point such is football in the current climate. This took about an hour and half, over 25 coppers as well as an army of sniffer dogs. When all this was finished we were then told that in an attempt to stop public disorder (I think it was a Section 27 ala the ones used on those Stoke fans vs. Man U a while back) that we weren't allowed to continue our trip and to return to Bristol.

What a f''king joke. There was no chance of 'public disorder' everyone on the coach was there for a good time; Tommy Alford had even given us the all clear. I'd say at least 10 people had match tickets too so that was £25 down the shitter plus the £40 we'd all paid for the coach.

When questioned the chief sergent admitted that we couldn't be sent back under the grounds of alcohol as we weren't 25 miles away from Hillsborough. No drugs found. No evidence of anything untoward. But they made up a whole load of s**t, said if anyone has a problem they can come to the local station and take it further! Obviously no ones going to do that.

The iceing on the cake was being led 40 miles further up North by the police in both marked and unmarked police cars and then turned back. Unbelievable.

C'nts like those coppers as always trying to bait you up to get a reaction and they wonder when some people do react.

For me yesterday proved that football is a dead and I know alot of others feel the same. You can't go anywhere if your not all in replica shirts. You can't have a laugh. You can't enjoy yourself. That'll be my last away game for a while now. Its not worth the hassle.

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Lets be honest football violence has declined in the uk (apart from the odd rare hand bags) compared to europe ie: italy, poland to name but a few, where it is naughty, but the police resources dealing with now a dead scene has rocketed to where you see robo cops, cs spray, helicopters, cctv, dogs, horses, you name it,, it is like the army looking after football, and for what looking out to justify a presence that should have been there in the 70's and 80's and now you see your jolly boy outings suffer for a justification of overtime and oh lets pick on the nearest coach to prove we are doing something, it is yet more disproportionate reaction from the police. The police are spiralling out of control in their haste to liberally distribute banning orders for trumped up "offences" it is out of order to have fans day wrecked by over zealous "policing" - and they want respect ? The most irritating part would be the fact that ''this bus'' cleared it with Tommy alford (police liaison officer) in the first place. To be fair to him he has been helpful in the past but WTF went on here regarding inter-police communication. They obviously knew about the bus and their destination. The police don't just happen to be cruising up the motorway with sniffer dogs on the off-chance they might bump into a bus full of football fans. This was obviously planned and it stinks.

SEARCHED IN Birmingham! ?????????????????????????

IF any one plans a bus/coaches i would read the following, it is Long winded but worth reading as it could effect more and more people in the future who want to run coaches outside of C.A.T.S.

VIOLENT CRIME REDUCTION ACT 2006 – DIRECTIONS TO LEAVE

Introduction

This circular alerts you to the provisions contained in section 27 of the Violent Crime Reduction Act 2006 which came into force on 22nd August 2007. This provides the police with a power to issue a direction to an individual to leave a locality to minimise the risk of alcohol-related crime or disorder arising and/or taking place.

Summary

2.Section 27 of the Violent Crime Reduction Act 2007 introduces a new police power to give directions to leave to individuals to leave a locality. This is where an individual’s presence is likely to cause or contribute to the occurrence, repetition or continuance of alcohol-related crime or disorder in a locality and it is necessary to remove the individual from the locality for the purpose of removing or reducing the likelihood of there being such crime or disorder in the locality.

3.A direction to leave prohibits an individual aged 16 years or over from returning to a specific locality for a period not exceeding 48 hours. The power should be used proportionately, reasonably and with discretion in circumstances where it is considered necessary to prevent the likelihood of alcohol-related crime or disorder.

Guidance

4.Guidance explaining the new power and to assist those police officers who may like to use this power to reduce the risks of alcohol misuse behaviour in the public place can be found from the website:

http://www.police.homeoffice.gov.uk

http://police.homeoffice.gov.uk/publicatio...ity?view=Binary

This explains the new power to give directions to individuals to leave a locality. This is where an

individual’s presence is likely to cause or contribute to the occurrence, repetition or continuance of alcohol-related crime or disorder in a locality and it is necessary to

remove the individual from the locality for the purpose of removing or reducing the likelihood of there being such crime or disorder in the locality. The provisions are contained in section 27 of the Violent Crime Reduction Act 2006, which received Royal Assent on 8 November 2006.

PURPOSE Of ThE NEW POWER

This section explains:

• that the aim of the new power is to minimise the likelihood of alcohol-related crime or disorder

arising

• the benefits of the power as an early intervention tool

• that it could be used most effectively as part of focused multi-agency activity on tackling

alcohol-related crime or disorder.

The Violent Crime Reduction Act 2006 provides the police with a power to issue a direction to an individual aged 16 years or over who is in a public place to leave a locality. The direction will prohibit their return to that locality for a specified period not exceeding 48 hours.

The power should be used proportionately, reasonably and with discretion in circumstances where it is

considered necessary to prevent the likelihood of alcoholrelated crime or disorder. The aim of the new power is therefore to minimise the likelihood of alcohol-related crime or disorder arising and/or taking place. to minimise the likelihood of it taking place, police tactics need to reflect local circumstances and priorities. But evidence, for example from previous alcohol misuse enforcement campaigns, suggests that addressing this issue can be effective when interventions are targeted at potentially troublesome individuals, particularly early in the evening prior to any escalation of drunken behaviour.

There is already an extensive range of powers and tools for the police and other partners to use to help address the problems of alcohol misuse. Crime and Disorder Reduction Partnerships are best placed to consider which interventions are most appropriate for dealing with the alcohol misuse problems in their area. However, this new police power to give a direction to leave a locality

provides a further tool that should enable the police to target particular problem areas that need action or early intervention to reduce the likelihood of alcohol-related crime or disorder arising. Like many tools aimed at tackling this problem, they are less effective when used in isolation and are likely to be most effective when used as part of an integrated partnership response to reducing

the likelihood of alcohol-related crime or disorder taking place. This new power would not necessarily need to be used every evening of the week, but ideally should be part of focused multi-agency enforcement activity on tackling and preventing alcohol-related crime or disorder.

In considering if it is appropriate to use this power it is important that the risk of displacing the potential

problem, for example to a neighbouring area or transport facility, is taken into account.

This section covers issues such as:

• The power of the direction and the test to be applied

• Defining the locality

• When might a direction be appropriate?

• Directions to leave to groups

• Directions to leave from licensed premises

• When a direction should not be given

• Vulnerable individuals

• Displacement

• Enforcement

POWER OF THE DIRECTION AND THE TEST TO BE APPLIED

There is no power to direct an individual to leave an area simply because they are there per se. However, the new power enables a constable in uniform to issue a direction to leave to an individual aged 16 or over who is in a public place where the constable believes that such a direction is

necessary to remove or reduce the likelihood of there being alcohol-related crime or disorder in the locality. A decision on whether to issue a direction to leave rests with the constable. A direction must only be given when, in the constable’s judgement, the presence of the individual in the locality is likely to cause or contribute to the occurrence, repetition or continuance in that locality

of alcohol-related crime or disorder. The detailed test for use of the power is set out at Annex B (refer also to section 27(2) of the Violent Crime Reduction Act 2006). Reference to a constable in uniform in the Act, referred to as a constable in this guidance, means any person holding the office of constable and therefore a police officer of any rank. This test requires the constable to exercise appropriate

discretion and judgement in respect of any situation on a case-by-case basis. It is likely that in most circumstances the individual who has received a direction to leave will

have consumed alcohol, or they will have been directly linked to the likely cause of alcohol-related crime or disorder. A constable should only give a direction to leave if the individual receiving the direction is capable of understanding and complying with its terms. The direction prohibits the individual from returning to that locality for a specified period not exceeding

48 hours. So it would not only be the immediate likelihood of alcohol-related crime or disorder that

would have to be considered by the constable but the likelihood within a 48-hour period. However, the

maximum 48-hour period should not be imposed as a matter of course or where a shorter ban would achieve the aim of preventing alcohol-related crime or disorder.

A constable should therefore always consider the shortest period that would achieve the desired aims.

The powers under section 27 of the Violent Crime Reduction Act 2006 to give a direction to leave may only be used in relation to individuals aged 16 or over. The constable should take reasonable steps to confirm the age of an individual if there is any doubt whether or not the individual is aged 16. Where the individual produces reasonably convincing evidence or it is confirmed that they are under the age of 16, the power to give a direction to leave cannot be used. Refer also to the section in this guidance on young people for alternative action that can be taken for those under the age of 16.

DEFINING ThE LOCALITY

A constable of any rank can decide on the locality in respect of which a direction to leave can be given and there is no requirement to formally designate a locality. (However, the locality must be clearly identified in writing when the direction is given.) In response to a spontaneous outbreak or threatened outbreak of alcohol-related crime or disorder the locality where the power may be used could, for example, be the area in or around particular licensed premises, a geographical area including one or more licensed premises, or any other area defined by the constable. However, in cases where

the directions to leave may be given in anticipation of the likelihood of alcohol-related crime or disorder, it is recommended that a police officer with operational responsibility for the area decides on the defined parameters of the locality. This could be decided by the Basic Command Unit commander, a superintendent or the duty officer (inspector). The locality from which a person may be directed to

leave could constitute the centre of a town or city or a particular area with a high density of licensed premises. It could equally be an area that is already the subject of a Designated Public Places Order (refer to sections 12–16 of the Criminal Justice and Police Act 2001 as amended by section 26 of the Violent Crime Reduction Act 2006). The direction power could also be used as part of the

overall plan for policing temporary events. In deciding on the size of the area from which directions

to leave are to be given, it is important to consider practical issues such as ease of enforcement. Whatever the area decided on, it is important that the individual in receipt of the direction to leave is fully aware of the area that they are excluded from entering. That is why the legislation requires a direction to be in writing and to clearly identify the locality to which it relates.

[Note: Public space means a highway, or any place the public (or a section of the public) has access to, on payment or otherwise, as of right or by virtue of express or implied permission, and includes on public transport.]

WHEN MIGHT A DIRECTION BE APPROPRIATE?

As long as an individual is able to comply fully and understand its terms, there are various circumstances under which a direction to leave may be given to an individual because their behaviour is likely to lead to the occurrence, repetition or continuance of alcohol-related crime or disorder. While it is not intended to give an exhaustive list in this guidance some examples are as follows:

• Where an individual – or group of individuals – is in a public place and is causing a nuisance by being loud or troublesome. While no criminal activity or disorder may have taken place, the likelihood is that their continued presence is likely to lead to the occurrence of alcohol-related crime or disorder. A direction to leave may therefore be necessary for the purpose of removing or reducing the likelihood of such crime or disorder from taking place.

• Where an individual – or group of individuals – in a public space who have been drinking alcohol are

compliant but it is likely they will insist on continuing to drink and will become drunk. While no criminal

activity has taken place, the likelihood of the behaviour of the individual(s) causing or contributing

to the occurrence of alcohol-related crime or disorder is present. A direction to leave, provided the

individual is able to understand its terms, may therefore be necessary for the purpose of removing

or reducing the likelihood of such crime or disorder from taking place.

• There may be situations where a constable is asked to help expel disorderly individual(s) from a licensed premises, or to prevent individual(s) from entering such premises (refer also to section on directions to leave from licensed premises). In such circumstances, it may mean the likelihood of the behaviour of the individual(s) causing or contributing to the occurrence of alcohol-related crime or disorder is present. A direction to leave may therefore be necessary for the purpose of removing or reducing the likelihood of such crime or disorder from taking place.

• Where an individual is given a Penalty Notice for Disorder (PND) for an offence and the police officer

is satisfied there is a likelihood of the individual’s ongoing behaviour causing or contributing to the

occurrence, repetition or continuance of alcohol-related crime or disorder, a direction to leave

may also be appropriate. A direction to leave might therefore be given in parallel with, but separate from, the PND where it may be necessary for the purpose of removing or reducing the likelihood of any

repetition or continuance of the alcohol-related crime or disorder from taking place.

• Where a group of individuals represent a likelihood of alcohol-related crime or disorder taking place. The behaviour of the lead individual(s) in the group may necessitate them being arrested or justify a PND. This may not apply to others in the group but, as their behaviour represents a likelihood of causing or contributing to the occurrence, repetition or continuance of alcohol-related crime or disorder,

a direction to leave may be necessary for these other group members for the purpose of removing or

reducing the likelihood of such crime or disorder taking place. In all circumstances, when using the direction to leave, the constable needs to ensure that an individual is capable of fully understanding the basis and terms of a direction to leave so the individual is capable of fully complying with its details. It might otherwise be appropriate to consider using powers of arrest for any

suspected offences or calling an ambulance for an individual who is drunk and incapable.

DIRECTIONS TO LEAVE TO GROUPS

As the above examples suggest, there is nothing in section 27 of the Violent Crime Reduction Act 2006 that prevents directions to leave being given to more than one individual. If a group’s behaviour represents a likelihood of causing or contributing to the occurrence, repetition or continuance of alcohol-related crime or disorder, directions to leave can be given to the group. However,

a constable would need to give each member of the group a separate written direction to leave, recognising the need to avoid displacing potential problems arising from the group.

If there are areas where members of the public havesuffered intimidation, harassment, alarm or distress due to the presence of groups, and where anti-social behaviour is a significant and persistent problem, then consideration should be given to the use of powers under Part 4 of the Anti-social Behaviour Act 2003 rather than a direction to leave.

DIRECTIONS TO LEAVE FROM LICENSED PREMISES

A police constable may give an individual a direction to leave from relevant premises (as defined in section 159 of the Licensing Act 2003) or once an individual has been expelled from relevant premises. Such relevant premises include:

• licensed premises (any premises in respect of which a premises licence has effect, which includes not just premises selling alcohol but, for example, a concert hall, theatre or cinema);

• premises in respect of which there is in force a club premises certificate (for example a working men’s or sports club); and

• premises which may be used for a permitted temporary activity by virtue of Part 5 of the Licensing

Act 2003 (a place in respect of which a temporary event notice has been given authorising any licensable activities, for example a warehouse or open space used for a rave for less than 500 people).

In using the direction to leave in this way the constable would need to liaise with the staff of the premises and ensure that any action taken is consistent with the powers under section 143 of the Licensing Act 2003 on failure to leave licensed premises. Section 143 provides that a person who is drunk or disorderly commits an offence if he fails to leave relevant premises at the request either of

a police constable or of certain other persons set out in section 143(2) of the Licensing Act 2003 (for example authorised members of staff or the licence holder). Section 143 also provides that a person who is drunk and disorderly commits an offence if he enters (or tries to enter) premises when asked not to do so by a police constable or other person set out in section 143(2) of the

Licensing Act 2003. Section 143 provides that a police constable must help to expel drunk or disorderly

individuals from relevant premises, or help to prevent them entering as the case may be, if requested to do so. As noted in the example referred to above, it may therefore be appropriate for the individual to be expelled from the relevant premises and then be given a direction

to leave the locality. Under section 89(2) of the Police Act 1996, any person

who resists or wilfully obstructs a constable in the execution of his duty shall be guilty of an offence and

liable on summary conviction to imprisonment or a fine or both.

WHEN A DIRECTION SHOULD NOT BE GIVEN

Section 27(4) of the Violent Crime Reduction Act 2006 sets out that a direction to leave may not be given if it prevents the individual from:

• having access to their home;

• having access to their place of work;

• having access to a place they need to attend to receive education, training or medical treatment; or

• having access to a place that they have been ordered to attend under any enactment or by a court or

tribunal.

Although under no statutory obligation, a constable should also consider not giving a direction to leave that would prevent an individual taking a child to a place where they may receive medical treatment. For example a direction would not be appropriate if such medical treatment is likely to be urgently required. A direction to leave should also not be given if it prevents an individual attending their normal place of worship, in rare cases where it would prevent them from fulfilling any special

dietary requirements, or where it would prevent them from taking their child to school. A direction to leave would not be appropriate for an individual who has difficulty understanding English, unless it is given by a multilingual constable in their language. Alternatively they should be provided with a translation of the requirement to leave in their own language. Discretion should be applied in giving the direction to maximise the flexibility but also to minimise any abuse of the direction by the individual who is subject to the direction. Care should also be taken not to give a direction to leave to an individual that could make them vulnerable to an assault, robbery or other crime against the person.

VULNERABLE INDIVIDUALS

Directions to leave provide the police with the power to issue a direction to an individual aged 16 years or over who is in a public space to leave a locality. The power should be used proportionately, reasonably and with discretion and only if it is considered necessary to prevent the likelihood of alcohol-related crime or disorder. The aim of the new power is therefore to minimise the likelihood of alcohol-related crime or disorder arising and/or taking place. Particular care must be exercised in the case of vulnerable individuals such as those suffering from drug or alcohol dependency, mental health problems or rough sleepers, or those whose communication skills are impaired or poor, as they may have difficulties in understanding, and therefore being able to comply with, a direction to leave. Individuals in these groups could be given a direction to leave if the test is satisfied, but given

their likely vulnerability it may not always be appropriate. However, if a constable does decide to give the direction to leave to these individuals extra care should be taken to make the directions as clear and easily understood as possible.

DISPLACEMENT

Care should be taken to ensure that giving a direction to leave does not simply move a potential problem to another area. So the potential risks for displacement should be considered before the power is used. Care must be taken to ensure that the potential problem is not simply ‘relocated’ to a bus, railway or underground station for example. If it is intended to use directions to leave in significant

numbers as part of a large scale operation that could mean convergence of a crowd at a bus, railway or

underground station then the British Transport Police should be consulted.

ENFORCEMENT

Enforcing a direction is essential if this new power is going to be effective at minimising the likelihood of

alcohol-related crime or disorder. The ease of enforcing directions to leave should be a factor to consider before deciding on the size of the locality from which the powers are to be used. To help in enforcement a constable can ask a police closed circuit television (CCTV) operator (or police

mobile CCTV system, or video team) to photograph an individual who is being given a direction to leave. This may particularly be the case where photographic evidence is needed of a direction to leave being given for evidence for a prosecution. In addition to police operated mobile CCTV, ‘ICEFLO’ (immediate capture of evidence, for front-line officers), digital or Polaroid camera equipment may be useful for areas that do not have fixed CCTV coverage. However, the individual

must be informed that the photograph is being taken. Section 27(7) of the Violent Crime Reduction Act 2006 amends the Police and Criminal Evidence Act 1984 (PACE) to enable photographs to be taken by the police without the consent of the individual who will be subject to the direction. Taking photos is strongly recommended as good practice in all cases where it is practically possible to do so as it may help in enforcing the direction. It may also be used as evidence that a direction was given.

The general rules governing the retention and use of photographs are governed by section 64A(4) of PACE and set out in PACE Code D.

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reading that it would seem it has been designed for youths who are hanging about drinking cans of lager and being a nuisance

rather than a coach load of football supporters making their way to an away match

another example of weak law, the presumption of guilt before an act and errosion of our civil liberties

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This is the problem with new legislation and why some new laws should never be allowed to pass.

This was never brought in for football fans but the police don't care and will use it anyway.

Its great when the goverment say that I.D cards will do this and do that but and they are only for this purpose or that purpose, then when the police or goverment see fit to use this new measure to their advantage in a way that the measure was never meant to be used its to late.

You could say the same about the detaining of terrorists and the new laws they wanted which i am sure would have been twisted at some point in the future.

The same way that new laws came in to allow our government to freeze assets of countries that were suspected of dealing with terrorists but then used it to freeze Iceland's assets the other week ( when they went into financial trouble) when it had no relation to terrorism.

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A direction to leave should also not be given if it prevents an individual attending their normal place of worship

Remember on the last census it asked what your religoun was? I hope you all put football as that should at least mean you can never be given a Section 27 at Ashton Gate.

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I find this whole episode absoloutely incredible.

I would not have thought that such action by the police was permitted but obviously Section 27 legalises it. If it were part of the combat terrorism stratagy I could understand it but to me its an abuse of power and an erosion of our civil liberty.

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Since when have gangs of hooligans travelled to games on open top buses? This should act as a sobering reminder that as far as football is concerned the police consider fans to have no rights.

Exactly right! I was supposed to be going to this Saturday but had prior engagements (wont embaress myself by saying what haha), but know a vast majority of the people who went on this.

Its a disgrace, I spoke to my mate whose uncle arranged it for his sons 18th....and they are not happy. Surely they have a case if they were to seek some kind of legal action....or have once again, the corrupt arm of the law exploited countless loop holes to come out of it with no reprisals

What gets me, is surely the police would get a lot more respect from the general public, and football fans in general, if they tried to work with the fans on stamping out the violence...instead of victimising innocent people, and getting peoples back up!.

I have said it before, and Ill say it again...football fans are a bast*rd race....which not many people like. All because of a tiny minority!. The police seem to constantly get away with heavy handed, and over the top behaviour...yet nothing gets done! Thats why so many coppers work football matches on overtime (this is my mates words, who is a copper in the West Midlands), and the reason being because they can get away with giving out a few digs etc. They wouldnt get away with it in any other walk of life!!!!

The simple fact of the matter is our police force is a laughing stock. To many people think if you wear a police uniform, then your are doing good...when in fact, all a vast majority of policemen are are bullies in a uniform

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Disgraceful piece of legislation and reprehensible actions from the police. I guess we don't live in a free country any more.

I would hope the people on the bus write to their MP.

FYI, Amanda at the FSF, who started this thread, has since been informed by the fan that initially contacted her that the bus was NOT turned back under section 27. So whatever the rights and wrongs of this incident, it was not an abuse of section 27 legislation by the police.

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FYI, Amanda at the FSF, who started this thread, has since been informed by the fan that initially contacted her that the bus was NOT turned back under section 27. So whatever the rights and wrongs of this incident, it was not an abuse of section 27 legislation by the police.

Sounds like an abuse of something else then!!

As someone who has experienced police harrassment when travelling to football on coaches when not an ounce of trouble or anti-social behaviour had been caused, on more than one ocassion (in fact every one of the last 3 times), I fully sympathise with the travellers on that bus.

Full marks to the FSF for taking this up.

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Sounds like an abuse of something else then!!

As someone who has experienced police harrassment when travelling to football on coaches when not an ounce of trouble or anti-social behaviour had been caused, on more than one ocassion (in fact every one of the last 3 times), I fully sympathise with the travellers on that bus.

Full marks to the FSF for taking this up.

Could it be that one of the lads farted on the top deck therefore releasing a obnoxious cloud of gas over the motorway causing distress and concern to other road users,one has to be so carefull nowadays :dunno:

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I can remember not long ago being slated for critizising the police!! one former copper left the forum, because of my comments.......

seems I was right. police do what they want - they are above the law!

Henry & Portishead Red - what are your thoughts?

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I appreciate that some of those on the bus may or may not wish to take this further.

I have today been contacted by Radio Bristol. If anyone involved can spare a few minutes tomorrow morning, you can tell the story on air.

For contact details of the relevant person, PM me as soon as possible and I will put you in touch. Sooner the better.

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I appreciate that some of those on the bus may or may not wish to take this further.

I have today been contacted by Radio Bristol. If anyone involved can spare a few minutes tomorrow morning, you can tell the story on air.

For contact details of the relevant person, PM me as soon as possible and I will put you in touch. Sooner the better.

Ah. That may explain why I rather randomly just received a call from them asking for a comment.

I guess they must have my number on file.

Obviously, I'm not in a position to comment on it, but I'd encourage those involved to do so.

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Ah. That may explain why I rather randomly just received a call from them asking for a comment.

I guess they must have my number on file.

Obviously, I'm not in a position to comment on it, but I'd encourage those involved to do so.

Likewise was rung about an hour ago.. they want to do a article on it in the morning..

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