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Scottish Charity Register No. SC043760

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Police move-on

May 18 2009
A reader accuses police and outreach workers of harassment Dear Editor, On the 18th November in Jason Court, W1, a policeman and another male ripped open my sleeping box, first having banged on it and announced "police". I arose to find two plain-clothed officers who are known to me, demanding to know who I was. I put my head back down and said "you know who I am and I know who you are," having been on the streets over four years in this area. The fact that I object to is that I was on private property, a large doorway, with permission of the occupier, in a secluded lane. I said I had the permission of the occupier, but they said that they'd had a complaint from the public. They said, "No, you haven't permission, and this is a fire exit". (There is no one dwelling in the shop, and it is empty between 6.30pm and 7am.) They went on to say, "if you don't move we will find a way to move you!" After they left, I packed my things and moved off. This police visit followed on from a visit the morning before by some outreach workers, known to me, who work the area, and I assume they called them in. These [police] are exactly the same people who promised Marylebone Church, in November 2004, that they would find places for those occupying that site nightly. They stood next to the council workers who moved the rough sleepers' sleeping gear from the Marylebone Church property, not once but twice, after intervention by outreach workers. Working together with the Outreach workers they have regularly harassed rough sleepers, particularly when these who didn't choose to communicate with the outreach workers. These workers locate the rough sleepers and report who and where regularly to the police for further harassment. Marylebone Joe By email p.s. There are still the occasional itinerant rough sleepers in Marylebone - The principles of 100 years of sanctuary and care by the church are not extinguished by the actions of a few. The Editor replies: Joe, Sorry you feel harassed, and I believe some of your experiences are, unfortunately, fairly common. However, we've checked with a couple of people in the Westminster area and they are in no doubt that the outreach workers would not have called the police. Indeed, the only times they would call them would be on a rough sleeper's behalf or to report a crime themselves. It is likely that the police appearing is coincidental, and not surprising sometimes if they are on patrol whilst outreach workers are out. On your legal stance, I refer you to an expert. The Pavement's legal eagle replies: Joe, If you were on private property with the permission of the landowner, then there should not really be any reason for the police to ask you to move. You could certainly argue that you weren't blocking a fire exit - if there was a fire, you would just get out of the way. Perhaps you could ask the shop owner for a short letter confirming that they give you permission to stay in the doorway on the understanding that you keep it tidy and cause no disturbance. You can wave this next time as the police try to move you on from there. Legal trivia: Any sign that you see saying 'trespassers will be prosecuted' is complete nonsense. Trespassers can't be prosecuted - you can only be prosecuted for a criminal offence and trespassing on somebody else's private property is not a criminal offence. Trespassers can be sued, however, but you don't often see signs saying 'Trespassers will be sued' - it just isn't catchy.
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