The following post and accompanying videos were shared with the CopBlock Network by Marcus Potter, who has submitted numerous other videos to the CopBlock Network, as well. It was shared via the CopBlock.org Submissions Page.
Date of Incident: November 6, 2015
Officers Involved: PC Andrew Toes 427, Special Constable Jason Moran 7528, Police Community Support Officer Jason Chilvers 8391, PC David Allum 54, Police Sgt. 3180 Carl Eves, PC Derek Kevern
Department Involved: Norfolk Constabulary
Department Phone No.: +441953424242
On the 6th of November 2015, I was taking photographs of and video recording security guards at a fireworks event (the Big Boom). The guards had CSAS accreditation from the local Police force (Norfolk Constabulary) which gave them powers to marshal traffic.
I then had an interaction with a member of staff in which she asked me why I was taking photographs and when I refused to answer, she asked me for my name. I refused to provide this and she called for her supervisor. She identified herself and on request produced two ID cards, one of which was her company ID card and another of which was her CSAS ID card. I asked to see her designation card, so I could see what legal powers she had (if any) and asked if I was being detained to which she replied, “you will be.”
I then walked away and was followed, then grabbed by her two male colleagues and informed that I was now under detention on suspicion of taking photographs of security guards. She again asked me why I was taking photographs and I refused to tell her. She then radioed for police assistance. I also called them myself. When PCSO Jason Chilvers 8391 arrived, I explained what had happened and he replied that he couldn’t do anything because he is not a police officer but only a Police Community Support Officer.
PC Andrew Toes 427 and SC Jason Moran 7528 then arrived and PC Toes then engaged with me after asking me to move away from the security guards, which I did. I also provided him with my first name on request. SC Moran spoke to the guards whilst PCSO Chilvers remained with PC Toes and myself.
I used my interaction with PC Toes as an opportunity to report the assault, which was perpetrated against me by security staff. PC Toes then listened to SC Moran who provided the guards’ version of events, completely ignored my report of a crime, and asked me to leave the area. I refused at which point PC Toes requested my surname and address, which I refused to provide.
PC Toes subsequently informed me that “I am arresting you on suspicion of failing to provide me with your name and address as required under section 50 of the Police Reform Act 2002. You do not have to say anything, but it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. Do you understand?” – to which I made no reply.
He then handcuffed me to the front in the stack position and radioed for another officer (PC David Allum 54) to transport me to custody. I was placed into the rear of a van by PC Allum and verbally berated by him. At this point, he said “You never learn,” which I believe was a reference to previous encounters which I have had with him.
When I arrived at Wymondham Custody Centre, he escorted me to the holding area and continued berating me. PC Allum said to me, “you clearly have issues” and he also said that he would ask the Custody Sergeant to call a psychiatric nurse to assess me.
I was booked into custody at Wymondham Police Investigation Centre by PC Allum and in addition to my failure to provide my name and address to PC Toes, PC Allum also booked me in for breaching a section 35 notice, which is an offence under section 39 of the Anti Social Behaviour Policing and Crime Act 2014, despite never having been issued with a section 35 notice. It has since transpired that this was as a result of an error on the part of PC Toes whilst he relayed the circumstances of my arrest to PC Allum. During the booking process, I noticed that PC Allum had a private chat with the Custody Sergeant, Sgt 3180 Carl Eves.
Three hours later, I was released with no further action and bumped into Toes again. Toes explained that I was NFAd (no further actioned) for “health reasons” and that he turned a blind eye to the assault which I reported because I was taking photographs of “a woman on her own”. PC Toes later covered up the reason for turning a blind eye and said to investigating officer Derek Kevern from Norfolk Constabulary’s Professional Standards Department that he was told by SC Moran that none of the guards touched me, but instead stood in front of me in order to prevent me from leaving, which would have still been unlawful. One of my complaints against PC Toes, which was that he failed to accept my report of a crime was nevertheless upheld and it was determined that he had a case to answer for unsatisfactory performance. However, another one of my complaints, which was that the arrest was unlawful was not upheld.
Whilst I was not issued with a section 35 notice, I would like to add that PC Toes did plan on doing so and would have had I given him my surname and address. The power to issue section 35 notices comes from section 35 of the Anti Social Behaviour Policing and Crime Act 2014 and section 35 allows a police officer to disperse an individual from a locality if he reasonably suspects that their presence will contribute to anti-social behaviour or crime and the use of the power is authorized by a senior police officer (inspector rank or above) in writing. Such an authorisation may be given on the spot by the Duty Inspector at the request of a police officer of any rank. Breach is an offense under section 39 of the Anti Social Behaviour Policing and Crime Act 2014 and can be punished by a fine not exceeding £2500 and/or a term of imprisonment not exceeding 3 months.
– Marcus D Potter
This is a video that I recorded prior the the enclosed one: