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Local Groups and Services

Legal Services

NEWCASTLE

David Gray & Co.

Phone: 0191 232 9547

Welch Airs & Co.

Phone: 0191 265 4402

Kidd & Spoor Harper

Phone: 0191-232-5232 (& ask for John Sadler).
This firm offers up to 30 minutes' free legal advice about housing, welfare/benefits issues & minor criminal matters (including cottaging & cruising cases).

WEARSIDE

Ben, Hoare, Bell & Co.

Phone: 0191 565 3112

Richard Scott, Community Solicitor at Ford & Pennywell Advice Centre

Phone: 0191 514 5554

TEESSIDE

Stephen Bosomworth at Newby's

Phone: 01642 247717

Jan A Bennett at Doberman Horsman

Phone: 01642 230 130

NATIONAL

LAGER (Lesbian and gay employment rights)

Phone: 0207 704 6066 (Monday- Friday 12.00-4.00 p.m.)

YOUR RIGHTS AND THE POLICE

If you're stopped by the Police...KEEP CALM!

Give your name and address if they ask for it. It'll cause more trouble if you don't, and they might arrest you.

IF THEY WANT TO SEARCH YOU

You can be searched without being arrested. The Police must say why they want to search you, so if they don't, ask them. They may want your name and address so they can make an official record at the Police Station; you don't have to give that information, but it may be best to do so.

You can be searched if the Police think you have 'prohibited articles', like weapons, drugs, or stolen goods. This is known as 'grounds' for the search. On the street they can only search your outer clothing, such as coats, jackets, and trouser pockets.

The Police must show their I.D. before a search, so ask to see their warrant cards. They also have to tell you which station they're based at, and their number if they're in uniform. You're entitled to a copy of the search record at any time for up to a year afterwards, which you can request from the relevant Police Station; again, this will be easier to sort out if you've given your name and address.

IF YOU'RE ARRESTED

You don't have to say anything. Even innocent remarks might later be used against you. You don't have to write anything or sign any written statement. Your rights are detailed in the POLICE CODES OF PRACTICE. You can and should consult them throughout your detention.

Ask why you've been arrested. Check that the reason and the exact time of your detention are recorded on your custody sheet.

Ask the custody officer to contact a solicitor for you, and make sure that the time of this request is noted. You're entitled to FREE legal advice from a duty solicitor. Insist that a friend or relative is contacted too. Unless you've been arrested for a 'serious arrestable offence' you have the right to tell someone that you've been detained, and you have to be charged or released within 24 hours.

'Serious arrestable offences' include assault, robbery, burglary, arson, and murder. They DON'T include consenting sexual acts, but this doesn't mean you can't be arrested for such behaviour.

The Police can search your mouth, nose, ears, or anus for Class A drugs or dangerous items using 'reasonable force'. This should always be carried out by a doctor/nurse. Body samples (blood or semen) can only be taken with your written consent, and by a doctor/nurse.

Medical attention should automatically be provided if you're injured or appear ill, but you can ask for a doctor under any circumstances. Write down what has happened as soon as you can; it could be a very useful record.

SEARCHING YOUR HOME

The Police don't need a warrant in order to enter your home if they want to arrest someone, but they should name the person they're looking for. Searches can sometimes be made without a warrant, but ask the Police for their I.D. and the reason for the search. You're entitled to see the search warrant if they have one.

WHICH LAWS ARE USED AGAINST GAY AND BISEXUAL MEN?

The most common laws are the offences of gross indecency, importuning, soliciting, or Section 5 of the Public Order Act 1986 which deals with 'threatening, abusive, or insulting behaviour likely to cause harassment, alarm, or distress''. Importuning or soliciting basically mean that any type of sexual invitation from a man to another man can be considered a crime. Gross indecency often refers to two men having sex with each other in a 'public' place, but also includes masturbation, even if there's no contact between the men. If a Police Officer wishes to arrest you under Section 5 they must first warn you to stop whatever you're doing. If you continue, they're able to arrest you. So make sure you remember what the Police Officer did and why you were arrested. If you're prosecuted under Section 5, or a local bye-law, you may not get trial by jury or legal aid.

All the offences mentioned above are consensual offences, sometimes called victimless crimes. Nobody is being forced to do anything against their will. Many of these offences are detected only because Police officers are present and are the only people who are 'offended'. However, under the law that is sufficient, because the Police only need to prove the likelihood that others would be caused offence.

WHAT'S 'PUBLIC'?

  • If more than 2 men are present (even if they're not taking part). Group sex is therefore illegal for gay or bisexual men (but not for heterosexuals).
  • Saunas, health clubs, cubicles in lavatories, and even private parties are 'public'.

WHAT'S A CAUTION?

Men using cruising areas are often offered a caution by the Police, rather than being prosecuted. Many accept this because they're afraid of going to court, and want to get things over and done with quickly. They may choose a caution even if they've not done anything wrong.

A caution is a warning issued by the Police if they're satisfied that an offence can be proven, but they don't intend to prosecute. There's a difference between an informal caution (which is verbal, and no record is kept of the incident) and a formal caution. If you're offered a formal caution, you'll probably be taken to the Police Station, and your name and address and other details will be written down. You'll sign a form giving informed consent to the caution, which means admitting you've done something wrong. A formal caution isn't a criminal conviction, so it isn't 'spent' after a certain period of time. This could mean that you'll have to mention it if you apply for a job and you're asked if you've ever been in trouble with the Police. The caution may be mentioned in any future court proceedings. A formal caution isn't just a 'telling off'', so be sure you want to accept this option rather than maintaining your innocence. In addition, if you're subsequently arrested for the same offence, following a caution, you'll most likely be charged on that occasion.

HOW YOUR JOB MIGHT BE AFFECTED

Your employer may find out if you're charged with one of the offences mentioned above. This usually happens through press publicity, via the Police, or because of a statutory obligation to tell the employer. This applies, for instance, to people who work with children.

All sorts of problems can occur, because your employer may not have known that you were gay/bisexual. There's much prejudice and misunderstanding about gay sex offences, especially when terms such as gross indecency are used. Many people will make a completely illogical link between gay sex in public and the likelihood that men convicted for such activities are going to be paedophiles.

If you're cautioned, and the Police intend to tell your employer, they must let you know this before you give informed consent to the caution. If they don't, the caution may be invalid.

COMPLAINTS ABOUT THE POLICE

If a Police Officer behaves wrongly or treats you badly, you can make an official complaint. You can do this by writing an account of what happened and sending it to the Chief Constable, or you can go to any Police Station and ask to make a complaint. Somebody else can complain on your behalf, so long as you give them a letter agreeing that they can do so.

IF YOU'RE A VICTIM OF CRIME IN A CRUISING AREA

If the incident (such as queer-bashing or robbery) takes place in the Northumbria Police or Cleveland Constabulary areas, you can report it as part of their Hate Crimes Monitoring Schemes. The Police have made it clear that just because you were in a cruising area when you were attacked or robbed doesn't mean that your case won't be taken seriously. If you don't want the Police to know your name, you can report the incident anonymously by calling MESMAC. We'll explain the Scheme to you.

LOOKING AFTER YOURSELF

Gay and bisexual men are especially vulnerable to violent attacks, especially in cruising areas, so remember:

  • Carry the minimum amount of cash and credit cards. Avoid wearing flashy jewellery or expensive watches, and try not to carry a bag.
  • Drinking too much can slow your reactions and make you an easy target.
  • Keep alert, and beware of confined spaces where people can approach without being noticed. In such spaces, make sure you know where to find the entrances and exits.
  • Avoid conflict and confrontation; you won't get any medals for being a hero, and remember that the most effective form of self-defence is to get away as quickly as possible.
  • Put on a confident appearance. Look as if you know where you're going (even if you don't!) If you think you're being followed, go to the other side of the street, change direction, or head for a safe place. Have your car or house keys ready to open any doors.
  • Insults often precede a physical attack; keep specially alert if people start shouting at you.
  • If anything does happen, get to a safe place as soon as possible. Write down what happened while it's fresh in your mind. Try to report incidents to the Police or a gay and bisexual men's project.

In the NORTHUMBRIA and CLEVELAND Police Force Areas, you can ask to see a Lesbian, Gay or Bisexual Community Liaison Officer. You can get the names of Liaison Officers from MESMAC, or ask at any Police Station front desk.