Police tactics
Police may use various tactics to intimidate or manipulate protesters in an effort to stop a protest. Below are some examples of tactics police have used against protesters in the past.
Police may tell protesters that their conduct will result in harsh financial penalties and threaten protesters with the maximum fine that in reality may rarely be imposed. Do not rely on what the police say about the likely penalty for the offence. If you are attending an arrestable action or are planning to get arrested, find out before the action what the penalty or range of penalties is for any potential offences.
Police may promise that no charges will be laid if the protester leaves voluntarily. However, police can still lay charges, and they do not always have the authority to ensure that no charges are laid, so protesters may still face Court.
Police may give the impression that the situation is about to escalate and that your safety or the safety of others is at risk. The safety of protesters and the public is a top priority when protests are planned. Unless you can see a risk of injury to protesters or the public, it may be unwise to rely on what the police say. However, if there is a genuine risk to safety, it may be best to cease the action (at least temporarily) and regroup. Make sure to stay in contact with other protesters and follow the direction of those leading the action.
In protests such as lock-ons, police may refuse to allow supporters to provide water and food or offer help with toileting needs to those who are ‘locked on’. If this happens, ensure that someone contacts the officer in charge. The use of this tactic could also be publicised on social media to raise public awareness.
Police may request that you or a group of people loitering in or assembled in a public place move on or disperse and if you refuse to do so, you will be committing an offence. However, the police officer cannot make this request without believing (with some basis) that:
An offence has been or is about to be committed;
A breach of the peace has occurred or will occur;
The movement of pedestrians or vehicular traffic is obstructed, or about to be obstructed; or
The safety of a person in the vicinity is endangered.
The maximum penalty is $1,250 or 3 months imprisonment (Summary Offences Act 1953 s 18).
If you argue the point with the police officer, you may be arrested for hindering police. The maximum penalty is $2,500 or imprisonment for 6 months (SOA s 6). You could also be charged with assault if, for example, you touch a police officer in anger or threaten violence verbally. For a basic offence, the maximum penalty is imprisonment for 2 years (Criminal Law Consolidation Act 1935 s 20).
What to do during an incident or action
While most protesters do everything they can to ensure actions are safe, actions may not always go to plan. Police may mistreat protesters, unlawfully stop protests, or use excessive force. Some protesters may behave inappropriately too. Encourage fellow protesters to conduct themselves safely and calmly.
Sometimes members of the public may get upset about the disruption a protest causes. If possible, prior to the action, ensure that some protesters have the role of informing the public of what the protest is about. Be respectful and calm, and invite discussion. Some members of the public may react angrily and not be willing to listen, in which case it is sometimes best simply to not engage with them.
What to do when the police are involved
It is lawful to record the protest on your phone or camera, and there should always be people doing this at every action. If you are filming, get as close as you safely can without disrupting the police. Using the zoom function on a camera is often the best option. Remember that members of the public are allowed to film the police, although sometimes the police will try to make you stop. Read more on the Law Handbook website.
Aim to de-escalate conflict. If you have a nominated liaison person (eg police liaison, or action wellbeing) ask them to try to de-escalate the conflict, unless it has become violent. Read more on CounterAct’s site.
Note the details of the police involved. You can ask the police officer for this information (surname and rank) if you cannot get it from their identification badge.
Notify your police liaison and/or the legal observer, if you have them available, if you think police behaviour is inappropriate. The police liaison officer can then contact the Officer in Charge at the relevant police station.
Do not swear at the police or make physical contact with the police. This behaviour is likely to be used against you. Remember that an action such as threatening, spitting on, or pushing away a police officer can constitute an offence of its own (CLCA s 20AA).
Immediately try to gather witness statements and/or contact details of anyone who witnessed or experienced inappropriate police conduct. Read this guide for making a witness statement (pdf). If it is not possible to collect this information at the time, make a note of the name and phone number of the witnesses and contact them as soon as possible to get this information from them.
Consolidate footage. If several people have recordings, it can be helpful to have a centralised place (like DropBox) where the footage can be gathered.
Consider alerting the media to the incident.
Last revised: January 2022