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Chaos Warrior
Minor Poster
Joined: 20 Mar 2007
Posts: 49
Location: Land Of The Scots
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 Posted: Mon Apr 09, 2007 6:32 pm Post subject: Gestapo Watch - Police swoop on hopscotch game |
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From the sublime to the ridiculous......
Check this out!!
| Quote: | When Lisa Badland gave her five-year-old son Ryan some coloured chalks to mark out a hopscotch court outside her home, she expected him to have an afternoon of innocent fun.
Little did she imagine that he would end up in trouble with the police.
Yet that is what happened when two policemen, acting on a tip-off from a neighbour, arrived in a quiet cul-de-sac, lined up Ryan and five young friends and told them off for drawing "graffiti".
Remarkably, when the children's parents emerged from their homes to find out what was going on, the constables instructed them not to let their children play in the street or draw on the road or pavement. One mother said that she was also advised that one child was not dressed warmly enough.
Yesterday, the parents accused officers of over-reacting and frightening their children. Critics said the case was an example of police taking on "soft targets" while failing to tackle serious crimes. The incident took place on a housing estate in Burnham-on-Sea, Somerset, favoured by families because its peaceful streets are safe for children to play in.
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Mrs Badland, 30, a part-time checkout operator, said she had given Ryan the chalks because it looked likely to rain later that evening, washing away whatever he drew.
She recalled: "An hour later, my son came in saying, 'Mum, there's some policemen outside'. I went out and the officer said they'd had a complaint about the chalk on the road.
"He said it was graffiti and they're not allowed to do it on the road. My son was petrified because they had handcuffs; he asked if they were going to take him away.
"The kids just went out to play. They are sensible kids and weren't doing anything wrong. I thought the police would have better things to do. There's under-age drinking in the town, and a 13-year-old was mugged a couple of weeks ago."
The road was later washed clean by rain. Since the incident late last month the children - aged between three and 11 - have been banned by their parents from using chalk outside. Graham Coogan, 35, said his three children, Nicole, eight, Sian, six, and James, three, were all told off by the two officers.
"The police told me that my children had been chalking on the street, and it could actually be classed as graffiti," he said. "They said that they could ask me to clean it off.
"They also said they were concerned about the children being in the street. But it's a quiet street, and the reason we moved here was so the children could play out safely. The officers weren't unpleasant, and I didn't want to be confrontational, so I just went along with it."
Avon and Somerset Police said that it had received a report that up to six children aged around 14 were drawing graffiti on roads and pavements. The call was logged as alleged criminal damage.
A spokesman said: "Officers attended because anti-social behaviour is a priority. When they got to the scene, they realised that it was chalk on the road and therefore no crime had been committed. Officers spoke to the children and everyone went on their way. People have got to understand that what they are doing might be construed in a different way by other people. What one person might see as harmless fun, another person has reported as graffiti. We are under a duty of care to go and investigate."
Children aged under 10 are below the age of criminal responsibility and cannot be charged with any offence. The offence of criminal damage refers only to permanent markings or breakages so does not cover chalk, which washes off in the rain. |
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/04/08/nplay0 8.xml 
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Busker
Moderate Poster
Joined: 13 Jun 2006
Posts: 374
Location: North East
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| Posted: Mon Apr 09, 2007 6:39 pm Post subject: |
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You really couldn't make it up could you?  |
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Bongo
9/11 Truth critic
Joined: 17 Jan 2007
Posts: 687
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| Posted: Mon Apr 09, 2007 8:06 pm Post subject: |
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Agreed... F*** the Police!
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gareth
Suspended
Joined: 19 Dec 2006
Posts: 398
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Zabooka
Moderate Poster
Joined: 03 Dec 2006
Posts: 446
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| Posted: Mon Apr 09, 2007 11:31 pm Post subject: |
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| RIGHT... Im going out with some CHALK and getting myself BUSTED CHAPS! |
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Reflecter
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Joined: 27 Mar 2006
Posts: 486
Location: Manchester
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| Posted: Tue Apr 10, 2007 2:33 am Post subject: |
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The statement that "The offence of criminal damage refers only to permanent markings or breakages so does not cover chalk, which washes off in the rain."
Does anyone know if this is correct legally i.e can publicly displayed banners that are semi-permanently erected in a manner that causes no damage to the site in question be called criminal damage?
Plus can under 10 yr old's armed with chalk, therefore act with impunity, perhaps even under direction?
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ZUCO
Moderate Poster
Joined: 22 Feb 2007
Posts: 179
Location: Manchester
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| Posted: Tue Apr 10, 2007 3:15 am Post subject: |
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Are you suggesting we should recruit an army of under 10's armed with chalk to scrawl 9/11 truth related slogans across the nation? 
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Reflecter
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Location: Manchester
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| Posted: Tue Apr 10, 2007 3:50 am Post subject: |
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Who me? Would I?
Well, I was looking for legal clarification as to whether banners placed in a non-destructive and removable way will count as criminal damage. If not then roadsides and railway lines are overdue so many messages and yes kids could be utitilised for chalk Though games of hopscotch, were I thought a thing of the past and i imagine kids will require 10 bags or similar incentives nowadays
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ZUCO
Moderate Poster
Joined: 22 Feb 2007
Posts: 179
Location: Manchester
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| Posted: Tue Apr 10, 2007 5:34 am Post subject: |
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I would say from a brief google search that criminal damage does include messages in chalk.
| Quote: | | Damage is not defined by the Act. The courts have construed the term liberally. Damage is not limited to permanent damage, so smearing mud on the walls of a police cell may be criminal damage. What constitutes damage is a matter of fact and degree and it is for the court, using its common sense, to decide whether what occurred is damage |
I would think mud is equal to chalk in that they would both wash off with rain, so I wouldn't go mad with the chalk just yet, unless of course your child army is armed and ready to be deployed 
http://www.cps.gov.uk/legal/section11/chapter_b.html#_Toc13565161
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"Those Who Sacrifice Liberty For Security Deserve Neither" --Benjamin Franklin--
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Zabooka
Moderate Poster
Joined: 03 Dec 2006
Posts: 446
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| Posted: Tue Apr 10, 2007 8:59 am Post subject: |
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| It would ruin the courts... think of all these cases with loads of activists being put away and brought before the magistrates over chalk offences! |
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MagsUK
Minor Poster
Joined: 16 Mar 2007
Posts: 15
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| Posted: Tue Apr 10, 2007 7:10 pm Post subject: |
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In the not so distant future fun will only be allowed in designated areas where you pay for it.
I am learning to goosestep. |
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