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.)

Getty
Show Hide image

What type of Brexit did we vote for? 150,000 Conservative members will decide

As Michael Gove launches his leadership bid, what Leave looks like will be decided by Conservative activists.

Why did 17 million people vote to the leave the European Union, and what did they want? That’s the question that will shape the direction of British politics and economics for the next half-century, perhaps longer.

Vote Leave triumphed in part because they fought a campaign that combined ruthless precision about what the European Union would do – the illusory £350m a week that could be clawed back with a Brexit vote, the imagined 75 million Turks who would rock up to Britain in the days after a Remain vote – with calculated ambiguity about what exit would look like.

Now that ambiguity will be clarified – by just 150,000 people.

 That’s part of why the initial Brexit losses on the stock market have been clawed back – there is still some expectation that we may end up with a more diluted version of a Leave vote than the version offered by Vote Leave. Within the Treasury, the expectation is that the initial “Brexit shock” has been pushed back until the last quarter of the year, when the election of a new Conservative leader will give markets an idea of what to expect.  

Michael Gove, who kicked off his surprise bid today, is running as the “full-fat” version offered by Vote Leave: exit from not just the European Union but from the single market, a cash bounty for Britain’s public services, more investment in science and education. Make Britain great again!

Although my reading of the Conservative parliamentary party is that Gove’s chances of getting to the top two are receding, with Andrea Leadsom the likely beneficiary. She, too, will offer something close to the unadulterated version of exit that Gove is running on. That is the version that is making officials in Whitehall and the Bank of England most nervous, as they expect it means exit on World Trade Organisation terms, followed by lengthy and severe recession.

Elsewhere, both Stephen Crabb and Theresa May, who supported a Remain vote, have kicked off their campaigns with a promise that “Brexit means Brexit” in the words of May, while Crabb has conceded that, in his view, the Leave vote means that Britain will have to take more control of its borders as part of any exit deal. May has made retaining Britain’s single market access a priority, Crabb has not.

On the Labour side, John McDonnell has set out his red lines in a Brexit negotiation, and again remaining in the single market is a red line, alongside access to the European Investment Bank, and the maintenance of “social Europe”. But he, too, has stated that Brexit means the “end of free movement”.

My reading – and indeed the reading within McDonnell’s circle – is that it is the loyalists who are likely to emerge victorious in Labour’s power struggle, although it could yet be under a different leader. (Serious figures in that camp are thinking about whether Clive Lewis might be the solution to the party’s woes.) Even if they don’t, the rebels’ alternate is likely either to be drawn from the party’s Brownite tendency or to have that faction acting as its guarantors, making an end to free movement a near-certainty on the Labour side.

Why does that matter? Well, the emerging consensus on Whitehall is that, provided you were willing to sacrifice the bulk of Britain’s financial services to Frankfurt and Paris, there is a deal to be struck in which Britain remains subject to only three of the four freedoms – free movement of goods, services, capital and people – but retains access to the single market. 

That means that what Brexit actually looks like remains a matter of conjecture, a subject of considerable consternation for British officials. For staff at the Bank of England,  who have to make a judgement call in their August inflation report as to what the impact of an out vote will be. The Office of Budget Responsibility expects that it will be heavily led by the Bank. Britain's short-term economic future will be driven not by elected politicians but by polls of the Conservative membership. A tense few months await. 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.