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28th May
2010
  

Updated: British Police Insult Freedom...


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More abuse of unbelievably broad public order powers

god hatesStreet preacher Dale Mcalpine was held in a cell for seven hours and charged with a public order offence after telling a gay police community support officer that homosexuals were going against the will of God.

He said he would fight to have the charge - usually used to tackle rioters or football hooligans - dismissed.

Mcalpine was spouting nonsense to shoppers and handing out leaflets when he was allegedly warned he was committing an offence by PCSO Sam Adams - who introduced himself as his force's lesbian, gay, bisexual and transgender liaison officer.

When he continued preaching, Mcalpine was arrested while debating his views with a passer-by.

I think justice will be served and this will be found to be a ridiculous charge, he said. He told how he was speaking to a woman about behaviour that he believed the Bible regarded as sinful, including blasphemy, adultery, drunkenness and homosexuality, while being watched by two PCSOs.

After she walked away, he claimed Adams approached to warn him they had received complaints and that if he made any racist or homophobic comments he would be arrested. I told him homosexuality is a sin, and he told me "I am a homosexual, I find that offensive, and I'm also the liaison officer for the bisexual-lesbian-gay-transsexual community", he said yesterday. I told him it was still a sin.

While he talked to a passer-by the PCSO radioed for assistance and he was arrested by uniformed officers. He was taken to a police station, had his pockets emptied and his mobile phone taken along with his belt and shoes, and was kept in the cells for seven hours where he sang hymns to keep his spirits up.

He was later charged with using abusive or insulting words or behaviour contrary to the Public Order Act 1986 and released on bail, appearing before magistrates in the town last week.

The self-proclaimed born-again Christian insists he has a right to express his views. It's not just my right I'm fighting for, it's everyone's ,' he said: We're going down the route of a police state. Some people in the homosexual community may not like me after this. But it would be very intolerant of them to not allow me to have my say.

Update: Video of Street Preacher's Arrest

15th May 2010. See video from youtube.com

preacher arrest Yet more examples of the police abusing their incredibly wide powers under the Public Order law. This law grants draconian powers to deal with unruly situations. Somehow it is now being applied to normal peaceful life.

Interesting to see that the hidden video camera footage arrest has now been posted on YouTube and that the Crown Persecution Service have decided to drop the case.

Prosecution Dropped

Based on article from christian.org.uk

Crown Prosecution ServiceDale Mcalpine was arrested on 20 April after a conversation with a police community support officer in which Mcalpine said the Bible calls homosexual conduct a sin.

This week crown prosecutors decided to drop the case after reviewing the evidence.

Mcalpine was assisted by The Christian Institute. He says he is relieved that the prosecution has been dropped. He said: It was a ridiculous charge, I should never have been arrested. I'm relieved that they have seen sense. I'm a Christian man, I forgive the police. But it is important this doesn't happen to someone else. We are now looking at the legal options that we have got, and we will take it from there.

Christian Institute spokesman Simon Calvert said the police must be held to account. He said: Cumbria police can't just walk away from this. They have arrested and charged an innocent man for no other reason than he peacefully expressed his religious beliefs. And it has happened in other parts of the country too. So there is clearly a problem with the system and it has to be put right.

Chief Superintendent Steve Johnson, police commander for West Cumbria, said: Our officers and staff often have to make difficult decisions while balancing the law and people's rights. This is not easy especially when opinions and interpretations differ. We would like to reassure the public that we respect, and are committed to upholding, the fundamental right to freedom of expression ...[BUT]... We are just as committed to maintaining the peace and preventing people feeling alarmed or distressed by the actions of others in public places.

The Crown Prosecution Service has carefully assessed the evidence in the case and has decided to discontinue the prosecution of Mr Mcalpine.

Police to be Sued

Based on article from news.bbc.co.uk

Old BaileyThe Christian preacher who told police homosexuality was a sin is planning to sue for wrongful arrest.

Dale Mcalpine was charged with a public order offence after speaking to a community support officer (PCSO) in Workington, Cumbria, in April.

The charge was later dropped by Cumbria Police, which claimed it respected freedom of expression.

Mcalpine said he would launch a civil action against the arresting officer and the chief constable.

He also intends to sue for false imprisonment and unlawful interference with his right to freedom of expression and freedom of religion.

Mcalpine denies making any mention of homosexuality in his sermon. He said: As a Christian man, I forgive the police for their actions... HOWEVER ...I also want to protect others who may face similar problems in the future. This can't just be brushed under the carpet, freedom of speech is too precious for that.

The Christian Institute, which acts to defend religious liberty for Christians, is supporting Mcalpine and financing his legal action.

 

12th December
2010
  

Update: Police Arrest First and Don't Even Ask Questions Later...


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Police to pay damages for automatically arresting anti-gay preacher without making inquiries first

Old Bailey A street preacher has been awarded more than £4,000 in damages after a judge ruled it was wrong for police to arrest and handcuff him for speaking out against homosexuality.

Anthony Rollins was preaching in Birmingham city center in June 2008 when a member of the public, John Edwards, took offense at comments he made describing homosexual conduct as morally wrong.

According to the Christian Institute, which backed Rollins' case, police arrived on the scene after receiving a call from Edwards and PC Adrian Bill proceeded to handcuff Rollins without any further inquiry.

Birmingham County Court ruled that PC Bill had committed assault and battery against Rollins by handcuffing him unnecessarily. Judge Lance Ashworth QC said in his ruling that the arrest demonstrated a lack of thoughtfulness. He ruled that hehad made the arrest as a matter of routine without any thought being given to Rollins' Convention Rights , which pertain to free speech and religious liberty.

After his arrest, Rollins was taken by PC Bill to the station where he was held for three hours but never questioned for his account of events. He was charged with breaching Section 5 of the Public Order Act but the charges were dropped before the case came to trial.

Rollins decided to sue West Midlands Police after a complaint he made to the Independent Police Complaints Commission about his treatment was rejected.

 

21st December
2010
  

Update: Conflict of Interests...

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Police to pay damages for acting unlawfully in arresting a street preacher
Modern bible

   Meek was so 19th century. Updated it reads:
The easily offended will inherit the Earth

Christian street preacher Dale Mcalpine is to receive £7,000 in damages after Cumbrian police admitted wrongful arrest, unlawful imprisonment and a breach of his human rights.

According to the Christian Institute, which funded Mcalpine's legal defence, Cumbrian police have accepted that they acted unlawfully.

Mcalpine was arrested in April by Cumbrian police in Workington after he mentioned that homosexuality was among the sins listed in the Bible. His comments were not made in his main public sermon but in response to a question about homosexuality put to him by a passerby.

He was arrested by PC Craig Hynes for a racially aggravated offence under Section 5 of the Public Order Act and, after being detained at the station for more than seven hours, was charged with using threatening, abusive or insulting words to cause harassment, alarm or distress . The charges were later dropped.

The arrest sparked fears for freedom of speech for Christians and was also criticised by prominent gay rights campaigner Peter Tatchell.

The Christian Institute is appealing to the Government to amend Section 5 of the Public Order Act, which makes it a criminal offense to use threatening, abusive or insulting words or behaviour in a way that could alarm or distress another person. It wants the Government to repeal the word insulting .

 

5th July
2013

 Update: Shameful Policing...

Nobody should be locked up on uncorroborated accusations by angry people who claim to be 'offended'. Even street preachers who spout that homosexuality is a sin

Metropiltan Police badgeTony Miano is a street evangelist from America who was preaching at Wimbledon. He is also a retired veteran of the Los Angeles County Sheriff's Department.

On Monday, his theme was sexual immorality - all forms He talked about sin - heterosexual and homosexual - without discrimination. As he was preaching, a lady heard him say that homosexuality was a sin, and promptly summoned the police, who duly arrived.

Miano was then arrested for violating Section 5 of the Public Order Act: he was accused of using homophobic speech likely to cause anxiety, distress, alarm or insult.

He was escorted to Wimbledon police station, where he was photographed, finger-printed and had a DNA sample taken. He was then incarcerated in a cell for seven hours.

Tony Miano explains his side of the story in a video from YouTube

See also transcript of police interview from archbishop-cranmer.blogspot.com

He was released after being told that the police would take no further action.

Why is it that the police arrest people on the behest of easily offended people in the street? It causes a major trauma to people's life and should not be inflicted on people without at least considering the merits of the claim. This was not an emergency situation. This is not justice. Don't  interpret the Public Order Act as if it were Pakistan's blasphemy act. Don't let the police become the weapons of the easily offended.

 

26th September
2013

 Offsite Article: Street Preacher arrested for preaching too loud...

arrested preacher video Police follow orders of a complainant and arrest street preacher for shouting (appropriately breach of the peace)

See article from christianconcern.com

 

19th June
2014

 Update: Arrest first, review the allegations and evidence months later...

British police harm free speech by siding with complainants, in this case, against street preachers
police scotland logo Police in Scotland have dropped all charges against two Christian evangelists who were arrested for supposedly using offensive language whilst preaching in Dundee and Perth.

Tony Miano was arrested under hate-crime legislation during a one-week street-preaching mission in January after a member of the public made al complaint.

Miano protested his innocence and said they could see his preaching on video to prove he had done nothing wrong and that his message was one of hope to be found in Jesus Christ. The officers refused to look at the footage and took the evangelist to the police station where he was detained for 24 hours.

Josh Williamson, an Australian who is a pastor at the Craigie Reformed Baptist Church in Perth was arrested twice in three days in the city last September for an alleged breach of the peace .

All charges have now been dropped against both evangelists after months of representation by the Christian Legal Centre.

Responding to the charges being dropped, Miano said:

It took months for the prosecutors to view the footage despite our best endeavours from the very beginning to get them to do so. When the P rosecutors finally managed to get the video footage off my camera they could plainly see that the accuser had made allegations about my speech that were simply untrue. The Prosecutors found nothing in my preaching that constituted 'hate speech' and came to the conclusion that they had no case against me. Had the officers who arrested me taken a few minutes to review the video footage, they would have seen what I have maintained all along. This has been a stressful time for my family.

Josh Williamson explains that while he no longer faces trial, the matter is not yet over. He said:

There is still the issue of getting back my equipment, including the footage it contains. I am also seeking legal advice as to redress in Scotland's civil courts against the Scottish Police .

Andrea Williams of the Christian Legal Centre who assisted the preachers said:

This case shows yet again how confused the situation has become. A single passer-by can allege 'hurt' 'offence' and an innocent preacher gets arrested, taken to a cell and held for many hours. This has a deeply chilling impact on all of us; on our fundamental freedom to speak out about what we believe in for fear of 'causing offence' and being punished by the state for doing so.'

 

20th March
2015

 Update: Je suis Michael Overd...

This obnoxious street preacher is a canary in the coalmine for free speech
National Secular Society logo

 

24th March
2015

 Update: Committing an abomination...

Justice not seen to be done when a judge with a conflict of interests, (also being a sharia court judge), fines street preacher for unpleasant Bible quotes
HM Courts Service Street preacher Michael Overd has been found guilty of using threatening or abusive words after making homophobic remarks during a sermon delivered in Taunton High Street.

Overd was ordered to pay £250 to a passer-by who had been 'offended' by the preacher's comments, and he initially refused, at which point judge Shamim Qureshi threatened the preacher with a prison sentence. He has been ordered to pay total costs of £1200.

Overd intends to appeal his conviction and said I follow my Lord and leader, so I won't tone down.

The street preacher was charged with a public order offence, after complaints were made by members of the public that he had made homophobic and Islamophobic remarks. In particular he quoted Leviticus 20:13 :

If a man lies with a male as with a woman, both of them have committed an abomination; they shall surely be put to death; their blood is upon them. (English Standard Bible)

The BBC reports that the judge told the preacher he seemed to enjoy testing the laws on free speech to their limits . Overd was also told that he should not have quoted from Leviticus 20:13 when speaking about homosexuality , according to Christian Today, who also report that the judge suggested that there were other verses he could have chosen if he wanted to talk about what the Bible says about homosexuality.

Judge Qureshi also works as a judge for the Muslim Arbitration Tribunal, which aims to help Muslims resolve disputes in accordance with Islamic Sacred Law.

Overd was found not guilty on two other charges, which included causing racially or religiously aggravated harassment, alarm or distress after he made critical remarks about the Muslim religious character Mohammed.

The National Secular Society has previously raised concerns about the trial's implications for free speech. Terry Sanderson, NSS president, said the ruling appeared to make the quoting of certain passages of the Bible illegal:

Whilst we all want to encourage public civility, there is a higher principle at stake. As long as there is no incitement to violence, then people should be allowed to speak freely without fearing legal repercussions.