Lifestyle
The Police and Legal Issues
The Police policy on cruising grounds and cottages says that they should only take action in response to complaints and that they should take a 'stepped approach' (so that their action matches the level and nature of complaints). However police officers can visit any location at any time.
If you feel you have been treated unfairly by the Police, or that they are acting in an unreasonable way, please contact us.
If you are stopped at an outdoor location:
Remaining calm, polite and pleasant will help prevent an escalation of the incident.
You have to give your name and address. After this you do not have to answer any other questions.
You do not have to counter-sign the officer's notebook. This may later be used in evidence against you.
Unless you have been arrested, you do not have to go to the police station.
If you are arrested:
The arresting officer will tell you that while you have a right to remain silent, and that choosing to remain silent may be used in evidence against you later. However any court would consider it quite reasonable that you remain silent while waiting to take legal advice.
When you arrive at the police station, the custody sergeant will advise you of your rights , which are:
- to speak to the duty solicitor
- to let someone know you've been arrested
- read the codes of practice
At Basingstoke there is a 24 hour duty solicitor, while at Andover and Winchester there is a call out solicitor.
You can insist on a private room for your interview with the solicitor. This will ensure your discussion is private. Access to a solicitor is free while you are at the station.
The whole experience can be quite disorientating and may take several hours (you can be held for up to 24 hours).
Where can I find a gay-friendly solicitor in Hampshire?:
Nick Bell
Shentons Solicitors
Star lane House
Staple Gardens
Winchester
SO23 9AD
01962 844544
nbell@shentons.co.uk
www.shentons.co.uk
The Law at present:
The offences of soliciting and gross indecency have often been used against gay men. Soliciting may be more difficult to prove. Gross indecency has not been defined precisely in law, but case law has established that at present any outdoor sex, or sex anywhere in a public toilet (including the cubicle), is breaking the law. If you do decide to do this, choosing a very hidden location may help to avoid causing offence to others, and prevent further problems.
Under the new sexual offences act 2003, sex likely to cause offence to another person is still against the law. In addition, it is explictly forbidden to have sex in a public toilet.
If you do decide to have sex in an outdoos, choosing a very hidden location may help to avoid causing offence to others, and preventing further problems.