Stop The Scan in collaboration with Black Protest Legal Support are launching new KNOW YOUR RIGHTS flyers for STOP AND SCAN.
Black Protest Legal Support UK have supported The Racial Justice Network and also added contacts of solicitors offering *free 24 hour legal advice*. We also want to thank Northern Police Monitoring Project for producing the original flyers.
Finally, we would like to thank all those who reached out through Yorkshire Resists (@YorksResist) to translate the flyers into multiple languages. This was the result of collective community action and this is the backbone of the work we do.
Help us spread the word!
Step One: Download flyers and translations on our Google Drive.
Step Two: Order physical copies to distribute in your communities using our order form in the Google drive. In the form there are also instructions on how to print our print-at-home and printing office versions.
Reshare the social media posts on Twitter (@RaceJustice @YorksResists) and Instagram (@theracialjusticenetwork @yorkshireresists).
The new flyers include:
- A new acronym to help people remember the steps they can take to #StayWISE
- Contacts of solicitors offering *free 24 hour legal advice*
- Translations into multiple languages
- Updated advice and graphics
The handheld fingerprint scanners bring the police station to the streets and turn police into a mobile border force. As intrusive, racist policing practices merge with the Hostile Environment, we hope this community resource will help people to know their rights, help us to help each other and seek legal support for the rights that are owed across borders.
#StopTheSCANdal #KnowYourRights #StayWISE
Navigating our Google drive:
- “Digital PDF – Know Your Rights 4 Stop and Scan”: a digital pdf version of the flyer optimised for sharing online and via email
- “Translations (more to come!)” folder: This folder contains digital pdf versions of the flyer translated into other languages. More translations will be added. You can also request physical copies of the translations using our order form.
- “Order form and Printing Instructions – Know Your Rights 4 Stop and Scan”: A pdf form to order physical copies of the flyers to distribute in your communities. Download and return to stopthescan@racialjusticenetwork.co.uk. If you need physical copies sooner than we can deliver, this form also contains instructions for printing either our “Print from Home” or “Local Printing Office” versions (see below).
- “Printing Office PDF” flyer: This version of the flyer can be downloaded and sent to your local printing office. The above form provides the printing specifications you will need.
- “Print from Home PDF” flyer: This version of the flyer can be downloaded and printed from home. As outlined in the form, you will need to cut along the dotted line and fold the flyers by hand.
For any questions, please email stopthescan@racialjusticenetwork.co.uk
KNOW YOUR RIGHTS INFO
HOW DO THE SCANNERS WORK?
The mobile biometrics units a.k.a. fingerprint scanners are small devices that can be connected to any handheld device (phone, tablet, etc.). An app is used to check your fingerprint against immigration and law enforcement databases. This is an example of what they can look like (although different forces may have slightly different set ups):
WHEN CAN AN OFFICER SCAN YOUR FINGERPRINTS?
An officer will likely ask you first to give your consent to have your fingerprint scanned, as this is the quickest way for them to run the check. You do NOT have to give your consent to have your fingerprints scanned.
Police can scan your fingerprints without your consent ONLY IF:
- They suspect you of committing an offence* AND
- You do not provide your details, or they suspect the details you provided are false
Remember, stopping someone based on race, ethnicity, or nationality is illegal.
*This power is granted under Section 61(6A) of the Police and Criminal Evidence Act 1984 (PACE) and further outlined in the PACE Code D (2017). The scanners can also be used under ‘Duty of Care (Mental Capacity Act 2005)’ and ‘Deceased (Coroners and Justice Act 2009)’.
WHAT TO DO IF THE POLICE QUESTION YOUR IDENTITY:
- It is important to remember you do not need to give your ID, or your details, if you are not suspected of an offence.
- If you choose to show your ID, a valid ID that proves your name and address means you are NOT obligated to give fingerprints.
- If your ID is not accepted by the police, ask them why.
- If you are searched on the immigration database, ask how your offence relates to immigration.
If they allege that you have committed an immigration offence, insist on being given a full explanation as to why they suspect you. Under the Equality Act 2010 it is illegal for an officer to stop you solely on grounds of your race, ethnicity or nationality.
WHAT TO DO IF THE POLICE TAKE YOUR PRINTS:
Stay composed and avoid obstructing police activities. You have the right to record your experience, and the officer’s name and shoulder number.
Stay WISE, and ask officers:
Why have I been stopped? Ask what type of stop is taking place, and under what power
Is there suspicion of an offence? If there is no suspicion, you do not need to give details
Specific offence suspected? Question the offence, particularly if it is immigration based.
Explain your grounds for suspicion. You can ask if you “fit a description”, it cannot just be age, race and gender. You should also ask what item they are looking for, and if it’s appropriate.
SOLICITORS OFFER FREE 24 HOUR FREE LEGAL ADVICE:
ITN SOLICITORS 020 3909 8100
COMMONS LEGAL 020 3865 5403
HODGE JONES & ALLEN 0844 848 0222
BINDMANS 020 7305 5638
KELLYS SOLICITORS 01273 674 898 / 0800 387 463 (out of hours)
MTC SOLICITORS 07956 308 127
OTHER SUPPORT: BLACK PROTEST LEGAL SUPPORT @blkprotestlegal / blackprotestlegal@protonmail.com
WHAT HAPPENS AFTER YOU’VE BEEN SCANNED
When your fingerprints are scanned:
- The app will check your fingerprint against the IDENT1 criminal record database and IABS immigration database. The fingerprint image will not be saved.
- If a match is returned from either of the two databases, your details will be brought up. That includes your name, date of birth, gender, nationality and Criminal Record Office (CRO) number if available.
- A Police National Computer (PNC) check can then be made directly from the app to bring up any past convictions or warrants.
- Once your identity is confirmed, depending on the situation, the police may arrest you for the offence you are suspected of, or consider alternatives to arrest (summons, fixed penalty notice, etc.), or release you.
- If your details are not on the database, the police will be unable to confirm your identity. They then may accept the details you have given them or arrest you for the offence you were suspected of.
IMPORTANT: The Immigration check will only confirm that your information has at some point been recorded for immigration matters, NOT that you are of interest, have committed an offence or are in breach of immigration regulations. Anyone who has ever obtained a VISA will, for example, have their fingerprints recorded on the IABS database.
If a match is returned from the Immigration check, the officer may decide to contact the Command and Control Unit (CCU), which is Immigration Enforcement’s 24/7 primary point of contact for police forces nationally. Depending on the information they are given:
- Immigration Compliance and Enforcement (ICE) teams may be dispatched and you might be taken to immigration detention or served papers and asked to report to a Home Office reporting centre.
- You may be arrested for an immigration offence unrelated to the offence you were stopped for.
Fingerprints taken from mobile devices are not saved. If however you are arrested and taken into police custody, the police have the power to take your fingerprints (by force if necessary) and they will be saved on the police database.
FURTHER RESOURCES:
Please see this detailed FAQ page on the Bail for Immigration Detainees website for more information about Immigration Detention.
The Anti Raids Network has some printable cards for Knowing Your Rights in the event of a raid.
Y-Stop is an excellent source of information about your rights around Stop and Search. It also includes an app that allows you to film your experience and submit anonymous complaints.
Stop the Scan 