(The following exerts were taken and adapted from the Australian Anti-Bases Campaign Coalition, Expose Pine Gap Campaign 2002.)
Affinity groups are the primary decision making body for actions at the Peace Convergence.
Affinity groups are made up of about 8-15 people, preferably who know each other and have already discussed and planned some actions to do together.
An affinity group is usually, but not always, drawn from the same geographical area or the same organisation (peace, women’s, environmental, political, church, trade union, etc.).
The advantage of affinity groups is that they allow input from all members in planning and carrying out actions, they give support to individuals during and after actions, and they facilitate decision making and communication between groups.
If you are in an affinity group or with a friend – make a commitment to stick together for mutual support. This means keeping an eye on each other and checking in regularly with each other. The best way to find out how somebody is feeling is to ask!
Affinity groups undertake autonomous actions and participate in mass actions.
Affinity groups usually decide to do one or more of three sorts of actions:
1. secret, independent ones
2. public ones that they want others to see
3. mass actions where other people can join in
When an affinity group undertakes an action, it decides on the "rules" for that action. In doing this, they are asked to take into account the Action Guidelines.
Other participants are expected to respect and observe these "rules".
You don’t have to join an affinity group. Belonging to an affinity group is not a prerequisite for taking part in the Peace Convergence. You are free as an individual to participate in mass actions and in any affinity group actions to which others have been invited.
It is important that someone watches arrests, takes care of the belongings of people arrested, follows them to the police station, and informs the legal support team. Affinity groups doing arrestable actions should organise arrest watchers to carry out these tasks.
Affinity groups are free to organise their own police liaison for their own actions if they prefer.
The Peace Convergence is designed around principles of nonviolent direct action.
People throughout the world have undertaken arrestable actions in order to highlight the injustice and inhumanity of the military system and in particular, the obscenity of nuclear war fighting facilities such as the US war bases (and war games!) in Australia.
There will be people who will use the peaceful actions as an opportunity to be arrested in order to highlight the commitment to their beliefs.
The Peace Convergence will operate on a system which acknowledges and respects the different approaches to action and differing political and personal perspectives of participants.
For those who do not wish to be arrested there is usually ample warning given before police make arrests. In addition there will be many actions during the Convergence which do not include NVDA.
Point a Spotlight: Raise public awareness about an institution, program or injustice. Bring hidden wrongs to light. Example: Campaigns against WTO, IMF/World Bank; genetically engineered foods.
Delegitimise Organisations, Institutions and Programs: Withdraw consent from the functioning of unjust bodies, laws, programs. Interfere with their operations. Raise their social costs. Examples: US Civil Rights Movement, antinuclear activism, etc.
Build a Movement: Provide opportunities for people to
engage in action, experience solidarity and support, take greater risks,
deepen commitment. Examples: almost any powerful action.
Educate and Inform: Both those in the movement and those who hear of actions:
Almost every good action.
Strengthen Voices of Reform: It may not be our intention or goal, but when thousands of people are out in the streets, institutions are more likely to listen to "respectable" critics within. Examples: calls for more "transparency" within WTO and World Bank; Woomera 2002 strengthened mainstream refugee solidarity campaign.
Interfering with the operations of injustice: Examples: WTO blockade, burning draft cards, stopping troop trains, pulling up genetically modified crops
Embodying an alternative: Address a problem legally or illegally: Examples: Squats, Needle Exchange programs, feeding the homeless.
Vision: We embody the world we want to create, we use means consistent with our ends. We engage in imaginative action. We expect to win.
Choices: We do not let structures of force limit our choices. We expand the choices of our opponents.
Patterns: We understand the patterns of violence and control so we can make choices about our responses. We learn how to de-escalate tension and potential conflict in order to expand our range of choices in any situation.
Communication: We communicate with each other, with our potential allies and with our opposition, and develop our communication skills.
Energy: We look at situations energetically and learn skills for shifting and directing energy.
Inclusiveness: We focus on expanding our movement and increasing opportunities for people of diverse needs and awareness to take part. We resolve our internal conflicts through discussion and negotiation.
Respect for diversity: We respect our own differences, needs, cultures, life circumstances, politics and views as well as differences of gender, race, sexual orientation, age, physical challenges, etc.
Please respect the following guidelines when carrying out actions during the Peace Convergence:
Medical matters
If you have a medical condition or have medication that you take regularly please make sure someone knows. Tell a friend, someone in your affinity group or an organiser of your conditon.
Getting stressed?
Take responsibility for your own stress levels (you are the only one who can!) Direct actions, particularly ones that run for several days, can be extremely stressful.
Look after yourself by getting enough (or some) sleep, taking time out as often as possible, eating enough and eating regularly. Don’t forget to stop and think, talk with friends, enjoy the cows, breathe.
Highly stressed people at actions can be a danger to themselves and others. We each need cool heads when in dangerous situations. If you feel yourself becoming stressed or tired, take responsibility to take time out.
Looking after each other
We’re all in this together and we need to look after each other. If you see somebody who looks afraid, unsure, upset or looks a bit lost, check out if you can help them. Stick with them a while until they feel okay. Often just giving somebody a bit of your time and listening to them will help.
Be prepared for a very diverse crowd of people from all walks of life. Grandmothers will be linking arms with leather-clad punks. In this environment we all need to be extremely respectful and tolerant of each other.
Respect people’s different energy levels, abilities, needs and political views. Offering help and support to each other can be the best way to break down these differences.
Sexual assault
Sexual assault will certainly not be tolerated at camp or anywhere else. Sexual assault is any behaviour of a sexual nature that makes a person feel uncomfortable, frightened, intimidated and that they have not agreed to. If you’re not sure if a person is feeling uncomfortable, just ask and respect the person’s answer.
If you are feeling unsafe for any reason, or having hassles with someone in particular – tell somebody about it and seek support if you need to. You don’t have to deal with things alone.
Remember that everybody has a right to feel safe all the time.
Safety is also everybody’s responsibility.
After ShoalwaterAfter big actions coming back home can seem strange. Prepare yourself for the reactions of people who weren’t there, the media and the feeling that things have changed for you.
It is common for activists to have strong emotional and stress reactions after big actions or an incident (such as someone getting hurt). This is normal and to be expected and stress reactions go away after a short time. Talking about it with friends afterwards can be the best way of dealing with things that come up.
Debriefing as a group is a way of dealing with any negative impacts of an action and moving on. It is a good way of looking after each other. Debriefing can be informal and non-judgemental discussion of the action or it can be a formal debriefing session.
Having funPowerful, large, courageous actions can be heaps of fun. Nothing helps people feel safe more than smiling, laughing people and sense of humour.
If the situation around you is getting tense, do something weird, or funny to change the vibe….’always look on the bright side of life…'
Below is some general information about being arrested, the law and what you can expect to happen if you get charged with a criminal offence.
Warning
This does not cover every situation and it is not a substitute for legal advice.
If you have been arrested and charged, do not rely solely on this information. You should get legal advice about your situation. Everyone's situation is a bit different and you will have some important decisions to make.
So talk to a lawyer as soon as you can.
Marine Parks Act 1992 and the Marine Parks Regulations 1990
In particular, the regulations:
Prohibit a person behaving in a disorderly, indecent, improper or unseemly
manner within a marine park area; and prohibit a person from entering
or using a zone identified in a marine park zoning plan, other than for
a purpose permitted under the zoning plan.
However, the regulations do not restrict traffic in or over the waters of a marine park. Therefore it would appear that a protest action that involves passage over the waters in a marine park could take place without specific authority, subject to any restrictions in a zoning plan. If the protest action involved more extensive use of a marine park, e.g. camping on the foreshore or remaining on the marine park waters in a houseboat, written authority would be required. Again, additional requirements may be imposed by zoning plans.
Commonwealth Laws
One relevant Commonwealth Act is the Defence (Special Undertakings) Act 1952 (DUSA).
It is an offence to enter Shoalwater without a permit from the Minister for Defence. It is also an offence to fly over (without a permit) take photos or collect or communicate information about Shoalwater.
Under DUSA, you can be searched, detained or arrested without warrant, just for being in "the neighbourhood" of Shoalwater if you are "reasonably suspected" of being about to commit an offence under the Act.
The most obviously relevant offence provisions are section 9 (unlawful entry), section 13 (sabotage) and section 24 (interfering with constables or Commonwealth officers).
Section 9 prohibits entry etc ('etc' here includes 'make a photograph, sketch, plan, model, article, note or other document of, or relating to a prohibited area...'!) into a prohibited area.
Section 13 prohibits various activities (including obstructing a roadway) 'used... in part for the purposes of a special defence undertaking'.
Four people are awaiting trial for a Citizen's Inspection of Pine Gap. They have been charged under the DSU Act and will go to trial on 29 May 2007 in Alice Springs. Visit www.pinegap6.org.
It is also possible that people will be charged with, for example trespass, under Commonwealth rather than Qld law.
As part of the Peace Convergence, you may be given the option to be involved in nonviolent direct action, which may lead to you being arrested and charged with a criminal offence. You will be given plenty of advance notice if the proposed action is likely to lead to arrests. Many people will be OK about being arrested and charged, but some of you may not.
Think carefully
Think carefully before putting yourself into an arrestable situation. If you don't know whether something is arrestable, speak to the Legal Support Group or a lawyer. There may be long term consequences for you ending up with a criminal conviction (see below) or it may affect the campaign. One unplanned or aggressive act can undermine hard won public support for the campaign.
Possible consequences of an arrest and/or criminal conviction
If you get charged and released on bail, it's NOT all over. If you don't appear at court for later mention dates or hearings, the court may issue a warrant for your arrest.
Although it does not always happen, the police have been known to cross-reference your personal information with inter-state records, so if there is a warrant out for your arrest in another state they may find out. You can presume that if you have a warrant out in the Northern Territory then they will find this out.
If you are ultimately convicted of an offence, the penalty imposed by the court will depend on which offence it is, and also factors like whether you have been convicted before, your financial situation etc.
Until you get your conviction wiped you may expect some trouble obtaining
visas for some countries eg the USA. This does not mean that you will
definitely not get a visa, but you could have difficulty.
You may also expect complications in some areas of employment, especially
in government and community service jobs, for example school teaching,
public service (ASIO, customs), police service, or also if you are or
want to be a lawyer.
If you are in Australia on some kind of temporary visa, the conviction could technically affect your ability to stay in the country. Under s501 of the Migration Act, a visa can be cancelled on the ground/s that the holder is likely to engage in criminal conduct, holds extremist or controversial views which would antagonise a section of the community (eg. people who advocate racist or terrorist views), or is of "bad" character because of criminal conduct or because of association with an organisation which engages in criminal conduct. However, it is highly unlikely that the Minister would exercise this power in the case of someone arrested as a protester. If this was to happen, you can seek a review of the decision through the Administrative Appeals Tribunal. If you are in this situation, you should certainly seek legal advice and can contact the Immigration Advice and Rights Service in Sydney, or your nearest Legal Aid Office or Community Legal Centre.
Conviction for criminal damage can also effect your ability to get property insurance.
If you are fined, under NT legislation, you will not be locked up for non-payment, you will be made to pay.
Be prepared
If your action is likely to lead to an arrest, and you are OK about this, then it must be planned. This involves organising arrest watchers, and video/camera crew if possible. If you are on any medication, then make sure to take it with you. It also helps to pack a backpack with things you might want, and make sure someone knows where your camp is. Take something to write on so that you can get the names and details of police who deal with you etc.
Unless you are doing something that is obviously illegal, you should be given a warning that what you are doing may lead to you getting arrested if you don't stop.
When you are arrested, the police should tell you that you are being arrested and why. They should tell you what you are being arrested for (unless it is obvious) if you ask.
You only have to give your name and address. You do not have to answer other police questions.
Any other information you give can be used against you. It is important to realise that the police are probably taping all conversations, and this includes when you are in the cell and outside the police station once you are released. So the moral of the story is, don't talk about anything to do with the action you've just been on, or other actions that are going on, until you are in a safe place.
Once you have given a police officer your name you have the right to request their name, rank and the police station that they work out of. This can be very useful information.
From the start of your arrest process, be aware of the sequence of events for your statement. This should include the date and time of arrest, the name of the officer who arrested you, where you were arrested, the way in which the officer arrested you (eg, the police officer placed his left hand on my right shoulder and...).
Stay calm
Stay calm when dealing with the police. Aggression can lead to more charges and makes other protesters vulnerable to police violence. Police are entitled to use "reasonable" force when they are arresting you. Your actions can affect what is considered reasonable.
Don't resist
The police can arrest you if they have a suspicion that you are about to, are in the process of, or have in the past committed an offence: ie. they can arrest you at any time and it is up to you to prove that the arrest was unlawful. It is only worth disputing your arrest if you really can't think of any reason they may suspect you of an offence. If you resist arrest, you may only end up with an additional charge to deal with.
So, there is not much point resisting arrest, even if it seems unreasonable. Co-operate with the police and argue about the legalities later.
A conviction of resisting arrest has a maximum penalty of $1,000 or 6 months in prison.
Thinking of giving a false name? - Warning
Some people have reasons for giving police officers a false name. It should be noted that this might incur a serious criminal charge if you are found out. If you are thinking of doing this, get legal advice first.
Be aware that other people might be using a false name.
When you are taken to the police station you will be searched, your possessions will be taken from you and you will be put in a holding cell. Then you can expect to be "processed". This includes having your photo taken, being finger printed and an ID card being compiled. It is a good idea to be co-perative because the police are entitled to use "reasonable" force, especially when taking prints.
What is considered reasonable can depend very much on your behaviour.
What if you are injured?
If you have any injuries or have been mishandled by the police, request to see a doctor. If you are refused, get the name of the police officer and their details.
Overseas travellers/visitors
If you are an overseas traveller, you should ask to contact your consulate. It may be that you can arrange a visit from a fellow national and it may also be that your consulate will arrange legal advice or representation for you.
What if you are released without charge?
Congratulations!
Note however that people have been known to be arrested and processed and held without being charged, on suspicion of conspiracy, for many hours. If this is the case, then when you are released you have a right to get your mug shot back and ask for your fingerprints and details to be destroyed.
On leaving custody you will be asked to sign a property sheet. Make sure that all your possessions are in order before you do so.
The next stage of the process is being formally charged. You will be read your charges and asked to comment.
Remember you have the right to remain silent.
You do not have to answer any police questions. It is often best not to answer any police questions because everything that you do say will be recorded and may be used as evidence in court. There is no such thing as an "off the record" conversation with a police officer.
There isn't much point in arguing about your charges at this stage - your first opportunity to do this is at your mention.
If you have trouble reading or understanding your charges, make sure that the police clarify this for you before signing your charge sheet.
Can the police add charges later?
In Queensland the police can add on charges later to the original arrest.
Being refused bail
Sometimes when you have previous offences or have committed a serious crime, the police may refuse to offer you bail and say that they want you to remain in custody until your hearing. If this happens you have the right to ask for bail from a Magistrate. If the police cannot take you before a Magistrate on that day, you can apply for bail from the Magistrate over the telephone. If you are unsuccessful in applying for bail over the phone, you should ask to be brought before the court as soon as possible and try again.
Make sure you get to speak to the Legal Aid Duty Solicitor who may be able to represent you if you want to ask the Magistrate to grant you bail. The Legal Aid lawyer will come down to see you in the cells at Court. If you are brought before the Magistrate before seeing a lawyer, tell the Magistrate that you want legal advice and ask to have your case stood down for a while so that you can see the Legal Aid lawyer.
If you are still refused bail, you have the right to be brought before the Court every 15 days.
Being offered bail
In most cases, however, after you have been charged, the police will offer you bail. It is important to recognise that accepting bail is entirely different from accepting your charges. Bail is an undertaking or condition of your release from custody until your case is next due to be mentioned or heard in court.
Bail undertaking
The most common example, is Own Recognisance. The bail undertaking is not worth contesting unless you want to refuse bail altogether for moral/political reasons. The bail undertaking is just an undertaking that if released from custody you will return to Court as required.
Bail conditions
Bail conditions are the things that you agree to do or not do whilst you are released from custody. The police may propose bail conditions on the basis that they believe that you are likely to re-offend. This is the reason that the police have often tried to tack on extra bail conditions, for example you may be asked to agree not to return to the Shoalwater Bay area or not to leave Rockhampton (a more extreme condition).
IT IS IMPORTANT TO REMEMBER THAT YOU HAVE OPTIONS HERE (even though the police don't often offer them).
Accepting bail conditions
You can choose to accept bail conditions. This will mean that you will be able to leave the cells faster. However, it could also mean that you have agreed to conditions which you may not be able to meet (eg. if you are leaving Rockhampton soon) and/or conditions that a Magistrate would not impose after hearing your arguments.
Sometimes you can negotiate bail conditions with the police. Remember to read your bail sheet carefully to ensure that the bail conditions that you have agreed to are accurately recorded.
Refusing bail conditions
You can refuse bail conditions (accepting the bail undertaking isn't really optional unless you don't mind staying in jail). If you refuse bail conditions the police are obliged to bring you before a magistrate as soon as is "reasonably possible". This will usually mean that, if you were arrested out of town, you will be taken to Alice Springs, held in a cell over night and brought before a magistrate the following business day. While you are before the magistrate (because you have refused your bail conditions) this may be treated as your first mention (see Going to Court section).
Political reasons for refusing bail
There are political reasons for refusing bail conditions which you may want to consider.
An option that some people have taken is to refuse bail altogether and stay in jail until the time of their hearing. This is a strong political statement to make against the legal system and it should be considered very carefully.
If you are in jail with many others then you have a greater chance of having your bail conditions dropped if you refuse them en masse. This has been known to work in the past, and reaffirms the strength of solidarity.
Changing your mind to accepting bail
If you refuse bail when it is first offered, you can change your mind and accept bail at any time. If you are finding being in custody hard, you can ask for bail.
Negotiations about bail conditions can continue up until the end of proceedings. The only time that the right to negotiate bail can be revoked is when you are suspected of committing other offences.
Getting your bail conditions changed
If you are finding that you cannot comply with your bail conditions, it is important to get legal advice and work out how to try to get them changed. If you don't, you may be charged with breaching bail as well.
Social Security payments whilst in custody
If you are held in custody for more than 24 hours, you will be cut off from payments until you are released.
Being released from the lockup is not the end of the story. Going through the court process can be a frustrating and time-consuming business. It can also be rewarding and give you the opportunity to argue for your beliefs in the court room
Mentions (pleading guilty or not guilty)
When you are released from the lockup on bail, your first ‘mention’ is the first time you appear before a magistrate. (As noted above this could be when you don't accept your bail conditions). At the mention you will be asked to enter a plea to your charges ie. "guilty" or "not guilty".
If you have been released on bail, you will have been given a court date for your mention.
If you want to plead not guilty, your mention is not the time when you will argue your case. The magistrate will set down a court date for your case to be heard and your bail conditions will probably be continued until that date to ensure that you turn up. It can be several months between your mention and your court case.
If you plead guilty, the matter will usually be resolved then and there.
Failing to turn up - warrants for your arrest
If you fail to turn up at your mention, you will almost certainly forfeit your bail. The Court has forfeited bail even when people have had good reasons for not showing up (eg work, family and study commitments) and have advised the Court, the police and have been represented by a lawyer!
So be there at your mention.
And think ahead. If you are leaving town the next day, consider whether or not you can afford to get arrested.
Deciding whether to plead guilty or not guilty
When you come before the Magistrate at your first mention, your charges will be read out and you will be asked to enter a plea.
Get legal advice BEFORE you enter a plea.
It is very important to get legal advice to help you decide how to plead. The charges may be complicated, and so may your story. Everyone’s story is a bit different so get advice about your own. You may have a defence that you did not know about, or on the other hand, you may think you have a defence, when if fact you don't at all.
Ultimately, your plea is your decision. Make an informed one.
Pleading guilty (some pros and cons)
Some pros and cons for pleading guilty may be:
Pleading guilty is probably the fastest way to get things over and done with. If you plead guilty, your matter will be dealt with on the same day (note that you can ask for a short adjournment if you want to be legally represented). You will no longer be on bail.
It means that you will get convicted but you will not have to return to Rockhampton again in a few months for your hearing.
If you plead guilty to a charge, the prosecution may be prepared to drop some other charges.
Fines are usually lighter if you plead guilty at the first possible time and you will not be required to pay any costs to the prosecution which you may be required to pay at the end of a hearing if you are convicted.
However, you cannot change a plea of guilty.
Once you get convicted you may have a criminal record, which will go onto a Federal database. See earlier Consequences of an arrest and/or criminal conviction.
If you decide to plead guilty, the prosecutor will read out your precis and you will be given a chance to comment on the factuality of that statement. Then the Magistrate will ask you if there are any things that s/he should consider before deciding what penalty to impose. This is a chance to make the magistrate aware of things like your good character, the fact that you have not committed any prior offences, your financial situation, the fact that no violence was involved, it was part of a peaceful protest and, if the case, that you did not get involved in more extreme actions etc.
Pleading not guilty (some pros and cons)
If you plead not guilty, your case will be adjourned until a date much later in the year (or possibly at the start of next year).
Some pros and cons of pleading not guilty are:
You may have a good defence.
You may consider that it is good for the campaign.
You may not believe that you have done anything wrong - you are standing up for what you believe in, do not believe you are 'guilty', and do not want to ‘help’ the court to find you guilty even if the legal system may find you to be.
It may make the legal system and government slow down and listen.
It may give you and the campaign another forum (eg in the media) to argue the injustice of the current situation.
It may send a signal to the national media and the local and federal authorities that we mean business.
It may earn respect from neutral observers for the commitment by the Campaign to fight for its beliefs and collective future.
A plea of not guilty can be changed to guilty at any time, although once you plead guilty you cannot change your mind.
However, if you plead not guilty and are then convicted, you may face a tougher penalty. You may also have to pay Court costs.
You will need to appear in court in Rockhampton again, probably for a further mention date and then for your hearing/trial.
You will need to put time in to preparing your defence and/or finding a lawyer to assist you, eg. with advice on defences, or to represent you in court.
As you can see, there are lots of things to consider.
If you plead not guilty, your case will be adjourned to a later date. There is time between your mention and your hearing to prepare a defence, but this does not ensure that you will be successful in fighting your charges so you need to put in the time if you are serious about defending the charge.