A round-up of retired graffiti artists for the London Olympics?

Allegations of widespread arrests denied by the British Transport Police but "Olympics" bail conditions imposed

It was the sort of information that makes one despair of the police generally and their attitude to public order matters in particular. 

According to the London Vandal website, ex-graffiti artists – most of whom had given up illegal graffiti 15 years ago – were being arrested without reason and being placed on bail conditions so as to prohibit any graffiti to do with the Olympics.

The London Vandal reported that “raids were being carried out on addresses across the length and breadth of London” and that once the arrestees “arrived at the station, the ex-graffiti writers spotted thirty or more familiar faces from the past”

The website added:

It was around then that the graffiti artists realised what point the police were trying to make with them. Having been arrested, they were questioned about what they considered petty matters – accusations of criminal damage in the ’90s, questions about websites and magazines that they were involved in. After being briefly questioned about these seemingly irrelevant matters, they were told that they were to be bailed until November on the condition that they did not use any form of railway in London (overground, tube or tram), carry spray paint (or other graffiti tools, presumably) at any time, or travel within a mile of any Olympic area.

And:

They felt that they were arrested for one reason – in order to place bail restrictions upon them that would supposedly discourage graffiti from being painted during the Olympics.

 

These allegations are serious.  It would be deeply inappropriate as well as unlawful for arrests and bail conditions to be used in such a contrived way.  Process should never be used as punishment, and nor should process be used as a means of public order control for such an ulterior motive.

However, much of the substance of the story is not supported by the British Transport Police. 

Not only do the British Transport Police (reasonably) point out that the station in question only has a custody suite for five arrested people rather than for “thirty or more familiar faces from the past”, they also provided this statement:

BTP officers arrested four men on the morning of Tuesday, 17 July, on suspicion of conspiracy to commit criminal damage.

This was in connection with a live and ongoing criminal investigation into linked incidents of criminal damage committed between January 2007 and July 2012.

Two of the men were also further arrested on suspicion of inciting criminal damage.

Arrested were:

  • A 38-year-old man from Kent
  • A 25-year-old man from Kent
  • An 18-year-old man from London
  • A 32-year-old man from Surrey

The men were taken to a police custody suite in Victoria for further questioning before being released on bail until November, with the following bail conditions:

·        Not to enter any railway system, including Tubes and trams, or be in any train, tram or Tube station or in or on any other railway property not open to the public unless to attend a written appointment with a solicitor, to attend court, for a legitimate business or educational purpose; one direct journey each way

·        Not to be in possession of any spray paint, marker pens, any grout pen, etching equipment, or unset paint

·        Not to associate or communicate with the other persons arrested and on bail for this investigation

·        Not to be at or within one mile of any Olympic venue in London or elsewhere in England

So it would appear that much of the detail of the London Vandal story is simply incorrect.  There were only four arrests, only one of which was in London, and the arrests were in relation to an ongoing and live investigation for events from 2007 to 2012.

That said, that last bail condition does seem out of place for one imposed by the British Transport Police. 

What business is it of the British Transport Police to impose as a condition that those arrested should not be "at or within one mile of any Olympic venue in London or elsewhere in England"?  That would not appear to be a matter directly relevant for those responsible for policing the transport network.

In response to the "Olympics" bail condition beinq queried, a British Transport Police spokesman said:

Investigating officers applied for the bail conditions, which were accepted by the custody sergeant. The conditions are proposed to defendants, and to any legal representation present, and they are entitled to appeal.  On this occasion no objections were made to the conditions.

The justification for the final bail condition was to prevent the commission of offences and to protect the integrity of the Olympic Games.

 

In my view, this would appear not to a sufficient or good explanation for the additional "Olympics" bail condition. 

The London Vandal seems not to be correct in much of its story; but it does appear that "Olympic" bail conditions are being imposed when people are arrested in respect of non-related matters. 

If so, that is less of an outrage than the grand round-up described.   However, it is surely not the purpose of bail conditions to exert control over conduct not relevant to the arrest and investigation.

And it is certainly should be not the proper function of any part of our criminal justice system to "protect the integrity of the Olympic Games".

 

David Allen Green is legal correspondent of the New Statesman

London graffiti: is there an Olympic crackdown? Photo: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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