Wednesday, June 17, 2009
A Survival Guide for Decent Folk
An anonymous policeman blogger who has targeted the force and Government ministers was unmasked today after the High Court ruled against keeping his identity secret. Refusing a temporary injunction to prevent a newspaper from identifying the serving detective constable - who goes by the name of Night Jack - Justice Eady said that "blogging is essentially a public rather than a private activity".
For over a year, police detective 'Jack Night' chronicled his working life in an unnamed UK town on his remarkably frank blog Night Jack. His scathing and revealing posts on the reality of policing in Britain have won him an Orwell Prize. Now his ID has been exposed and he has received a written warning from his Force.
Today, the blogger was named as Richard Horton, 45, who serves with Lancashire Constabulary. Mr. Justice Eady also ruled that any right of privacy on the part of the blogger would be likely to be outweighed by a countervailing public interest in revealing that a particular police officer had been making such contributions. Mr Horton's counsel, Hugh Tomlinson QC, submitted that there was a public interest in preserving the anonymity of bloggers.
Richard Horton
The Judge ruled that the mere fact that Night Jack wished to remain anonymous did not mean either that he had a reasonable expectation of doing so. He added: "Those who wish to hold forth to the public by this means often take steps to disguise their authorship, but it is in my judgment a significantly further step to argue, if others are able to deduce their identity, that they should be restrained by law from revealing it." He said that Night Jack's blog mostly dealt with his police work and his opinions on a number of social and political issues relating to the police and the administration of justice.
Well I found his Blog compelling and every time Police complain of their hands being tied by “Bureaucracy” I remind myself that no too long ago their word was law when given in evidence in Court. So much so that a former Lord Chief Justice, Lord Denning, said it was better that Irish defendants should go to jail than he should concede their Appeal on evidence otherwise he would open up “an appalling vista” of Police corruption. Well due to the good work of West Midlands Police and Surrey Constabulary in the Birmingham 6 and Guilford 4 cases this appalling vista was well and truly opened up and the Police threw away public trust.
Indeed the recent comments by Suffolk’s Chief Constable that he would hold public order defendants in cells for 24 hours even though they had no intention of charging them shows the Police willingness to go to the edge of legality and beyond and use detention in Police cells to pressurise and intimidate defendants. I know of a complainant who was pressurised to pursue a complaint she wanted to withdraw by an ambitious newly promoted Police Sergeant and told that they would deliberately arrest and keep the other party in Police Cells over a weekend to ensure they would “crack.”
So I think Night Jack has done a public service with his Blog and in the interest of Blogging Freedom (Freedom FROM the Press) I reprint in full his Blog on A Survival Guide for decent folk, which uncannily echoes the Police Federation’s own advice to Police Officers facing internal investigation “Do not co-operate, say nothing, ring the Federation’s Solicitor, complain.”
Night Jack’s Blog has now been taken down on Wordpress.
www.nightjack.wordpress.com
A survival guide for decent folk.
In these days of us increasingly having to deal with law abiding folk who have fallen foul of the “entitled poor” and those who have learned how to use us to score points and exact revenge, I thought it would be a good idea to give out a bit of general guidance for those law abiding types who find themselves under suspicion or under arrest. It works for the bad guys so make it work for you.
Complain First
Always get your complaint in first, even if it is you who started it and you who were in the wrong. If things have gone awry and you suspect the cops are going to be called, get your retaliation in first. Ring the cops and allege for all you are worth. If you can work a racist or homophobic slant into it so much the better.
Make a counter allegation
Regardless of the facts, never let the other side be blameless. If they beat you to the phone, ring anyway and make a counter allegation against them. Again racism or homophobia are your friends. If you are not from a visible minority ethnic culture, may I suggest that that the phrase “You gay bastard” or similar is always useful. In extremis allege sexual assault. It gives us something to bargain with when getting the other person to drop their complaint on a quid-pro-quo basis.
Never explain to the Police
If the Police arrive to lock you up, say nothing. You are a decent person and you may think that reasoning with the Police will help. “If I can only explain, they will realise it is all a horrible mistake and go away”. Wrong. We do want to talk to you on tape in an interview room but that comes later. All you are doing by trying to explain is digging yourself further in. We call that stuff a significant statement and we love it. Decent folk can’t help themselves.
Admit Nothing
To do anything more than lock you up for a few hours we need to prove a case. The easiest route to that is your admission. Without it, our case may be a lot weaker, maybe not enough to charge you with. In any case, it is always worth finding out exactly how damning the evidence is before you fall on your sword. So don’t do the decent and honourable thing and admit what you have done. Don’t even deny it or try to give your side of the story. Just say nothing.
Keep your mouth shut
Say as little as possible to us. At the custody office desk a Sergeant will ask you some questions. It is safe to answer these. For the rest, say nothing.
Claim Suicidal Thoughts
A debatable one this. Claiming to be thinking about topping yourself has several benefits. If you can keep it up, it might just bump up any compensation payable later. On the other hand you may find yourself in a paper suit with someone watching your every move.
Always, always, always have a solicitor
Duh. No brainer this one. Unless you know 100% for sure that your mate the solicitor does criminal law and is good at it, ask for the Duty Solicitor. They do criminal law and they are good at it. Then listen to what the solicitor says and do it. Their job is to get you off without the Cops laying a glove on you if at all possible. It is what they get paid for. They are free to you. There is no down side. Now decent folks think it makes them look like they have something to hide if they ask for a solicitor. Irrelevant. Going into an interview without a solicitor is like taking a walk in Tottenham with a Rolex. Bad things are very likely to happen to you.
Actively complain about every officer and everything they do
Did they cuff you when they brought you in? Were they rude to you? Did they racially or homophobically abuse you? Didn’t get fed? Cell too cold? You are decent folk who don’t want to make a fuss but trust me, it pays to whinge and no matter how trivial and / or poorly founded your complaint there are people who will uncritically listen to you and try and prove the complaint on your behalf. Some of them are even police officers.
Show no respect to the legal system or anybody working in it
You think that if you are a difficult, unpleasant, sneering, unco-operative and rude things will go badly for you and you will be in more trouble. No sirree Bob. It seems that in fact the worse you are, the easier things will go for you if, horror of horrors, you do end up convicted. Remember to fake a drink problem if you haven’t developed one as a result of dealing with us already. Magistrates and Judges do seem to like the idea that you are basically good but the naughty alcohol made you do it. They treat you better. Crazy I know but true.
So there you go, basically anything you try and do because you are decent and straightforward hurts you badly. Act like an habitual, professional, lifestyle criminal and chances are you will walk away relatively unscathed. Copy the bad guys; it’s what they do for a living.
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