Kettling cribsheet
The police power to kettle flows from their ancient authority to deal with a "breach of the peace." A breach of the peace, which is not a criminal offence, is committed whenever harm is being done to someone or their property. A breach of the peace entails some element of violence.
The police may take action when a breach of the peace is taking place, has taken place or is "imminent." They may arrest and take the arrested person to the police station and court. But they may also do something short of arrest such as kettling - or "containment," as the police describe it - for a limited period of time, until the risk of a breach of the peace has passed.
The lawfulness of this tactic is controversial and may depend on the circumstances in which any particular kettle is imposed. Beyond getting legal advice after the event, what in practice should you do if you are in a kettle?
In an ideal world you should make representations to the police about the need for a kettle at all, about who should be released from it and when, as well as about the conditions inside.
You should take notes and photographs of the conditions within the kettle, its duration, facilities available, and which police officers were involved. Get the names and contact details of others in the kettle in case they want to join in legal action afterwards, or assist as witnesses.
You should try to communicate with organisers and others outside the kettle who may also be able to influence what is happening. And if the police apply their strategy, of dubious legality, of insisting on taking your name, address and a photograph of you before releasing you, you have a choice - if you don't co-operate you may be detained longer and commit a separate criminal offence and if you do co-operate, make it clear you are doing so unwillingly.
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This note was first published in the Morning Star on 25th March 2011, the day before the TUC anti-cuts demonstration in London