Voices

Views from elsewhere

Syndicate contentRSS

What happens when you swear at the police, when you're not Andrew Mitchell

Whether or not the Chief Whip said “plebs” is irrelevant if he is allowed to evade the rule of law applicable to the ordinary people, says Rebecca Omonira-Oyekanmi.

Police outside the Downing Street gate. Photo: Getty Images
Police outside the Downing Street gate. Photo: Getty Images

One summer evening, back in August 2005, Andrew Michael Southard was arrested because he swore at a police officer.

Southard and his brother were out cycling when two officers stopped them one evening in central Portsmouth. As the officers searched his brother, Andrew took pictures of the incident on his mobile phone saying, “Don’t fucking touch me, you can’t touch him.” This and telling the officer to “fuck off” led to his immediate arrest.

Southard was charged, and later convicted in the magistrates court, of using “threatening, insulting and abusive behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby, contrary to section 5(1) and (6) of the Public Order Act 1986”.

Southard’s case is not unusual. Swearing at a police officer is the common cause for many young people (as young as 12 in the case of a pint-sized offender arrested and convicted under the Public Order Act because he called an officer "a wanker"), ending up embroiled in the criminal justice system.

For many of the young people continuously stopped and searched by police where I live in East London there is a thin line between a routine stop and a hearing at the mags with a criminal record looming over your future. Irritated because this is the second time you have been stopped today? Stopped at a tube station, angry because everyone is staring and thinking you're a criminal? Swear in frustration and they have you, a perfectly legitimate arrest under the Public Order Act.

The Sun newspaper reported today that Andrew Mitchell said to a police officer last week: “Best you learn your f***ing place. You don’t run this f***ing government. You’re f***ing plebs.” A kid in Hackney saying half as much to an officer last Wednesday would be in the magistrates court this morning fighting for bail.

So it is galling that Andrew Mitchell has not been arrested, charged, and made to put his defence to the courts, the way countless young people are obliged to every day.

And it is galling that the media and other politicians are chiding him only for being “discourteous” and “rude”.  Even worse, that left-leaning commentators and politicians are only aghast at the use of the word “pleb”. Those class warriors wringing their hands over Tory snobbery are just as out of touch. Whether or not he said “plebs” is irrelevant if he is allowed to evade the rule of law applicable to the ordinary people.

It is precisely such rampant hypocrisy that fuels the sense of disenfranchisement that contributed to the rioting last year. Then commentators compared looters to MPs fiddling expenses, an odd comparison as the situations are very different. But here, in a rare instance where the experience of a politician mirrors life lived by ordinary people, there is a real analogy to be made. Here we have a politician breaking the law in the same way teenagers do every day, swearing in frustration at a public official. Yet he is not being hauled to court to defend or explain his actions; instead it is trial by Twitter and Radio 4, at worst he may have to resign. Where is the justice in that.

23 comments

janaltus's picture

I agree wholeheartedly with everything Rebecca Omonira-Oyekanmi has written. However, I'm also peeved that the police officers on duty in Downing Street did not consider Mitchel, a cyclist, as a valid road user and thought it appropriate to redirect Mitchell to use the pedestrian exit. No wonder police officers frequently step aside and allow cyclists to ride, unhindered, on the pavement. I never thought I'd see myself defending a Tory, but Mitchell had a point. Cyclists are entitled to ride on and belong on the road, not the footway. Also, cyclists are notorious for not dismounting, so the road is the best place for them!

Secondly, Downing Street was always a useful shortcut for getting to St James' Park. It's about time Thatchergate was dismantled and the public right of way was re-instated.

Lastly I hope this issue of politicians swearing at police officers doesn't, in any way, interfere with our long held tradition of members of the public swearing at politicians. I have sworn at and insulted some of our finest politicians (Labour, LibDem and Tory), without legal recourse, and I would hate to be deprived of repeating that opportunity anytime in the future.

hackles's picture

now apparently Dave thinks that an investigation isn't necessary because that nice Andrew Mitchell looked him in the eye and said he hadn't used the word 'pleb'

the very same Andrew Mitchell who couldn't look the Sky political reporter and the assembled cameras in the eye to say the same ...we just had some nonsense from him about the words being attributed to him not being correct ...though he didn't want to tell us WHICH words ....just answered that he was now off to work

or in other words .." That's all you're getting ,I've got important work to do . I'm not answering any more questions "

Now , given that Dave believes him ,why isn't he insisting that the officers be disciplined for spreading lies

Sam Gisoad's picture

"Swearing at a police officer is the common cause for many young people (as young as 12 in the case of a pint-sized offender arrested and convicted under the Public Order Act because he called an officer "a w*nker"), ending up embroiled in the criminal justice system."

Um, okay, benefit of the doubt and all that, but figures, please? Because that sounds like ballocks to me. Not least because you can't watch a single Cops-with-Cameras show, or traffic cops show, or even C4's rather excellent documentary that went in-depth (called, inventively, 'Coppers') without seeing the boys in blue on the receiving end of the kind of abuse that makes Mitchell's (sweary and ungracious, sure) rant look like a speech from a motivational speaker crossed with oscar wildea. And guess what? they're *not making arrests*.

So this sounds like an argument based on old isolated cases, anecdote, and outdated data to me.

Tom Garrard's picture

This article is based on a very old case. The law has since moved on and it is allowed to swear at the police - they are certainly used to such language so should not be shocked or distressed by it.

[i wanted to link to another site but am not allowed, but a quick search for 'Denzel Cassius Harvey' should find the story of the boy who first got away with swearing at the police]

I'm glad the MP let out a rant at such a stupid rule, can't use a gate because your vehicle doesn't have an engine? Ridiculous! Stupid rules should not be obeyed or enforced blindly, and a jobsworth should be able to be called as such.

Pavlova's picture

Andrew Mitchell is on state business, as a public authority, not catching the tube. You might as well say the police were interfering in the rule of law by stopping him go about his business.

hackles's picture

Pavlova writes ....Andrew Mitchell is on state business, as a public authority, not catching the tube. You might as well say the police were interfering in the rule of law by stopping him go about his business.......

Sorry ,this is utter nonsense . Mitchell was on his bike ...he wasn't being stopped as he went about 'state business '...he was merely asked to use the correct gate as the big guarded gates are for CARS

anon3's picture

"precisely such rampant hypocrisy that fuels the sense of disenfranchisement that contributed to the rioting last year." Brilliant, to the point and true.

On the other hand pavlova you are just spouting shit in a frankly cringeworthy, brainwashed and forelock-tugging way. Is he more important because he is going to dine at a posh restaurant, on the public purse, than the guy catching a tube to meet his mates in maccy d?

What about a judge or public prosecutor popping to the shops for milk, or maybe even a doctor on his way to surgery. Are they allowed to swear at police?? or is it literally just members of the ruling party who are more important than you
?

Twat.

Pavlova's picture

"he more important because he is going to dine at a posh restaurant, on the public purse, than the guy catching a tube to meet his mates in maccy d?"

No, he's more important because he's a public official doing public business. Enacting the rule of law. The police guarding the gates of Downing Street are there to serve and protect said public officials doing public business. If they obstruct it, then they are breaking the law.

"What about a judge or public prosecutor popping to the shops for milk, or maybe even a doctor on his way to surgery. Are they allowed to swear at police?? or is it literally just members of the ruling party who are more important than you"

What about a public prosecutor leaving the court after a day of publicly prosecuting you mean? Doctors aren't public authorities.

Twit.

Robin Tudge's picture

I agree with your point, Anon, but were you ironically making it in the style of Andrew Mitchell addressing a constable?

steven m's picture

It just gives the public the green light now to insult the police to their faces because we can all say ‘well the lawmakers can swear at you with out repercussions so why can’t we’.

Fiona Radic's picture

Of course he wasn't arrested! He isn't a pleb!

Agent's picture

Absolutely bang on: this is the most intelligent thing said about the whole sorry fiasco - though I would add that he should keep his job and help destroy the tories.

andyg's picture

"Whether or not he said “plebs” is irrelevant
I tend to disagree. How many times prior to these comments being made to the Police has the word been used in everyday commentry? It's certainly not a word that I've come across before. Andrew Mitchell knew exactly what he was saying and was trying to insult the officer to the best of his ability.
Secondly, he later denied using the word which he must be implying that the officer made the whole scenario up. In other words he's calling this particular officer a liar.
Thirdly his denial was also given to the PM who stands by this vile man.
And finally, we are now at liberty are we not to call every Police officer that we see a pleb having the full knowledge that no action can be taken against us?
Irrelevant, I think not.

craig melson's picture

Also Sec 4 and 5 of the POA (originally introduced to give police extra ability to deal with threatening protests as well as Orange order and Sinn Fein marches) are very open to interpretation and down to each police officer.

craig melson's picture

well generally they give you 1 warning- then arrest you. they technically can arrest you under the POA 1986 for swearing once, but only either the most anal officers will, or when an example needs to be made in a public order setting like a town centre on friday night

ClemtheGem's picture

Good point Rebecca, and it is amusing to think that a Tory minister would be charged under an Act brought in by his heroine Thatchers' Government...

nourredine's picture

@Rebecca Omonira-Oyekanmi,
"Where is the justice in that."
Good question, who's fault is it?
The MP, or the police?
The police should have arrested him for swearing and using threatening langage.
Now, we will be lucky to see justice being done.
Justice will be done, only if a wittness come forward and back the police's notes.

jankaas's picture

crickey, yet another article that totally misses the point; Mr Mitchell is part of the elite who rule over plebs like us, so he can do exactly as he fcuking well pleases.
so stop complaining and let's get on with our servitude.

goddit?

Debra Halliday's picture

The allegation that Mitchell used the word 'Pleb', alongside 'know your f****** place,' is important. It shows his contempt for those whom he considers below him in socially. It shows his contempt for the police, his constituents and actually all of us who didn't go to private school. This isn't something that should just be shrugged off, it is equally as important as using this incident to highlight the fact that there is one rule for them and one for everyone else (the plebs if you will). I think what this shows more than anything, is that our class system is ingrained. The police see themselves as better than the hoodies/teenagers/protesters, the MP sees himself as better than the public sector worker. The issue of equality in law and the use of the word 'plebs', are part of the same problem.

Charles Hunter's picture

Surely the point is to stop these stupid prosecutions of kids who swear at coppers or near coppers or whatever...not to drag more people into the Police's pompous, over-sensitive, time-and-money-wasting practice of charging people who don't tremble at the sight of them.

So don't haul the minister to court...and don't haul the teenagers to court either.

bill23's picture

Quite right: the police say stupid things all the time so what are people supposed to do, ignore our freedom of speech, or say it like it is. The advent of political correctness and excessive police pay might work against them eventually. The police are just ordinary people, very ordinary indeed with a good percentage of racists amongst them; so what are they going to do, arrest themselves!

gedon's picture

You are absolutely right Rebecca. Mitchell seems to have got away with abusing and threatening a police officer.Why wasn't he arrested like anyone else would have been? Why is he above the law? Quite staggering really.

Robert Taggart's picture

There does appear to be an unfair advantage at play here...
All too many koppers are arrogant and insolent as a matter of course. Should any pleb return the 'compliment' - they would probably be arrested - if only to 'bump-up' the figures for the pig in question.
The kops are increasingly loathed by even respectable society - the neanderthals of the Police federation still do not 'get it' - speaks volumes for them ... police 'intelligence' ? !

Latest tweets