If you're stopped by the Police…KEEP CALM! Give your name and address if they ask for it. It'll cause more trouble if you don't, and they might arrest you.

IF THEY WANT TO SEARCH YOU

You can be searched without being arrested. The Police must say why they want to search you, so if they don't, ask them. They may want your name and address so they can make an official record at the Police Station; you don't have to give that information, but it may be best to do so.

You can be searched if the Police think you have 'prohibited articles', like weapons, drugs, or stolen goods. This is known as 'grounds' for the search. On the street they can only search your outer clothing, such as coats, jackets, and trouser pockets.

The Police must show their I.D. before a search, so ask to see their warrant cards. They also have to tell you which station they're based at, and their number if they're in uniform. You're entitled to a copy of the search record at any time for up to a year afterwards, which you can request from the relevant Police Station; again, this will be easier to sort out if you've given your name and address.

IF YOU'RE ARRESTED

You don't have to say anything. Even innocent remarks might later be used against you. You don't have to write anything or sign any written statement. Your rights are detailed in the POLICE CODES OF PRACTICE. You can and should consult them throughout your detention.

Ask why you've been arrested. Check that the reason and the exact time of your detention are recorded on your custody sheet.

Ask the custody officer to contact a solicitor for you, and make sure that the time of this request is noted. You're entitled to FREE legal advice from a duty solicitor. Insist that a friend or relative is contacted too. Unless you've been arrested for a 'serious arrestable offence' you have the right to tell someone that you've been detained, and you have to be charged or released within 24 hours.

'Serious arrestable offences' include assault, robbery, burglary, arson, and murder. They DON'T include consenting sexual acts, but this doesn't mean you can't be arrested for such behaviour.

The Police can search your mouth, nose, ears, or anus for Class A drugs or dangerous items using 'reasonable force'. This should always be carried out by a doctor/nurse. Body samples (blood or semen) can only be taken with your written consent, and by a doctor/nurse.

Medical attention should automatically be provided if you're injured or appear ill, but you can ask for a doctor under any circumstances. Write down what has happened as soon as you can; it could be a very useful record.

SEARCHING YOUR HOME

The Police don't need a warrant in order to enter your home if they want to arrest someone, but they should name the person they're looking for. Searches can sometimes be made without a warrant, but ask the Police for their I.D. and the reason for the search. You're entitled to see the search warrant if they have one.

WHICH LAWS ARE USED AGAINST GAY AND BISEXUAL MEN?

The most common laws are the offences of gross indecency, importuning, soliciting, or Section 5 of the Public Order Act 1986 which deals with 'threatening, abusive, or insulting behaviour likely to cause harassment, alarm, or distress'. Importuning or soliciting basically mean that any type of sexual invitation from a man to another man can be considered a crime. Gross indecency often refers to two men having sex with each other in a 'public' place, but also includes masturbation, even if there's no contact between the men.

- Since the introduction of the Serious and Organised Crime Act 2001, a police officer no longer needs to warn a person to arrest them under section 5 Public Order.

- If you're prosecuted under Section 5, or a local bye-law, you may not get trial by jury or legal aid.

All the offences mentioned above are consensual offences, sometimes called victimless crimes. Nobody is being forced to do anything against their will. Many of these offences are detected only because Police officers are present and are the only people who are 'offended'. However, under the law that is sufficient, because the Police only need to prove the likelihood that others would be caused offence.

WHAT'S 'PUBLIC'?

If more than 2 men are present (even if they're not taking part). Group sex is therefore illegal for gay or bisexual men (but not for heterosexuals).

- Saunas, health clubs, cubicles in lavatories, and even private parties are 'public'.

WHAT'S A CAUTION?

Men using cruising areas are often offered a caution by the Police, rather than being prosecuted. Many accept this because they're afraid of going to court, and want to get things over and done with quickly. They may choose a caution even if they've not done anything wrong.

A caution is a warning issued by the Police if they're satisfied that an offence can be proven, but they don't intend to prosecute. There's a difference between an informal caution (which is verbal, and no record is kept of the incident) and a formal caution. If you're offered a formal caution, you'll probably be taken to the Police Station, and your name and address and other details will be written down. You'll sign a form giving informed consent to the caution, which means admitting you've done something wrong. A formal caution isn't a criminal conviction, so it isn't 'spent' after a certain period of time. This could mean that you'll have to mention it if you apply for a job and you're asked if you've ever been in trouble with the Police. The caution may be mentioned in any future court proceedings. A formal caution isn't just a 'telling off', so be sure you want to accept this option rather than maintaining your innocence. In addition, if you're subsequently arrested for the same offence, following a caution, you'll most likely be charged on that occasion.

HOW YOUR JOB MIGHT BE AFFECTED

Your employer may find out if you're charged with one of the offences mentioned above. This usually happens through press publicity, via the Police, or because of a statutory obligation to tell the employer. This applies, for instance, to people who work with children.

All sorts of problems can occur, because your employer may not have known that you were gay/bisexual. There's much prejudice and misunderstanding about gay sex offences, especially when terms such as gross indecency are used. Many people will make a completely illogical link between gay sex in public and the likelihood that men convicted for such activities are going to be paedophiles.

If you're cautioned, and the Police intend to tell your employer, they must let you know this before you give informed consent to the caution. If they don't, the caution may be invalid.

COMPLAINTS ABOUT THE POLICE

If a Police Officer behaves wrongly or treats you badly, you can make an official complaint. You can do this by writing an account of what happened and sending it to the Chief Constable, or you can go to any Police Station and ask to make a complaint. Somebody else can complain on your behalf, so long as you give them a letter agreeing that they can do so.

IF YOU'RE A VICTIM OF CRIME IN A CRUISING AREA

If the incident (such as queer-bashing or robbery) takes place in the Northumbria Police or Cleveland Constabulary areas, you can report it as part of their Hate Crimes Monitoring Schemes. The Police have made it clear that just because you were in a cruising area when you were attacked or robbed doesn't mean that your case won't be taken seriously. If you don't want the Police to know your name, you can report the incident anonymously by calling MESMAC. We'll explain the Scheme to you.

LOOKING AFTER YOURSELF

Gay and bisexual men are especially vulnerable to violent attacks, especially in cruising areas, so remember:

Carry the minimum amount of cash and credit cards. Avoid wearing flashy jewellery or expensive watches, and try not to carry a bag.

- Drinking too much can slow your reactions and make you an easy target.

- Keep alert, and beware of confined spaces where people can approach without being noticed. In-such spaces, make sure you know where to find the entrances and exits.

- Avoid conflict and confrontation; you won't get any medals for being a hero, and remember that the most effective form of self-defence is to get away as quickly as possible.

- Put on a confident appearance. Look as if you know where you're going (even if you don't!) If you think you're being followed, go to the other side of the street, change direction, or head for a safe place. Have your car or house keys ready to open any doors.

- Insults often precede a physical attack; keep specially alert if people start shouting at you.

- If anything does happen, get to a safe place as soon as possible. Write down what happened while it's fresh in your mind. Try to report incidents to the Police or a gay and bisexual men's project.

- In the NORTHUMBRIA and CLEVELAND Police Force Areas, you can ask to see a Lesbian, Gay or Bisexual Community Liaison Officer. You can get the names of Liaison Officers from MESMAC, on this page or ask at any Police Station front desk.

PROTECTION OF FREEDOM ACT

The Protection of Freedoms Act, which will enable men to wipe the records of thousands of convictions for consensual gay sex under now-repealed laws, has received Royal Assent.

- The promise to disregard the convictions and wipe criminal records was announced by David Cameron on PinkNews.co.uk before last year's election (2011).

- An estimated 16,000 convictions could now be eligible for removal from police records along with malicious convictions for 'loitering with intent'.

- The amendments were first announced following a question submitted by a PinkNews reader in a Question and Answer session with Prime Minister David Cameron ahead of the 2010 General Election which saw him take office.

- Men may now apply to the Secretary of State to disregard convictions under section 12 of the Sexual Offences Act 1956, the offence of buggery, under section 13 of that Act, covering gross indecency between men and under section 61 of the Offences against the Person Act 1861, which governed 'the abominable Crime of Buggery, committed either with Mankind or with any Animal', as long as those involved were over the age of 16 and the action would not now be regarded as an offence.

- In 1994, the age of consent for gay men was reduced from 21 to 18, and in 2000, it was reduced further to 16, equalising with the age of consent for straight people.

- However, the change in that law was not retroactive, so there also remained a number of people required to disclose a criminal record for a sexual offence, despite the action that they took part in having subsequently become legal.

- Convictions needed to be disclosed when applying for certain jobs and for volunteering in hospitals or with children as they had to be listed on a person's Criminal Records Bureau certificate.

- Mr Cameron had written on PinkNews in April 2010: 'We will change the law so that any past convictions for consensual homosexual sexual activities, which have since become lawful, will be treated as spent, and will not be disclosed on a criminal record check when applying for a job. This is a question of justice – and it's right that we should change the law and wipe the slate clean.'Peter Tatchell told PinkNews : 'It's estimated that over the last century in the region of 100,000 men in the UK were convicted of consenting same-sex offences that were not crimes between heterosexual men and women. Many had their lives ruined, including serving prison sentences, losing their jobs and suffering rejection by their families.

- 'This reform is welcome but it will come too late for many of the victims of Britain's homophobic laws. It's astonishing to think that the King Henry VIII anti-buggery law and the Oscar Wilde gross indecency law were only repealed in 2003.'

- Ben Summerskill, Chief Executive of Stonewall, which gave evidence to the Public Bill Committee considering the Protection of Freedoms Bill, said today: 'Victorian morality has absolutely no place in 21st-century Britain.

- 'We know of many gay men with homophobic convictions on their records who have been dissuaded from looking for work or volunteering their time to good causes. They will be delighted by this important new law, which will help many men look forward to a brighter future. We hope the new measures will now be implemented as quickly as possible.'Chair of LGBT+ Liberal Democrats, Adrian Trett said: 'The Protection of Freedoms Act is a major win for the LGBT rights.

- 'Gay and bisexual men who were convicted for acts that are now perfectly legal will finally be able to get them deleted from their criminal records. It marks the end of the overhang from a bygone era when being gay was still criminalised.

- 'It shows the determination of the Liberal Democrats and the Coalition Government to do the right thing. The march for equal rights is not over yet but with today's news and the consultation on how to introduce equal marriage, we're steadily chipping away at the final hurdles.'

PROTECTION OF FREEDOM ACT UPDATED!

Just 40 men out of 50,000 have gay sex crime records wiped clean

- A new law in Britain to allow 'gay offenders' to wipe clean their police record for sex crimes which are no longer illegal has not been as popular as hoped. Only 40 'gay sex offenders' in Britain have had their past convictions wiped clean from the Police National Database, despite 50,000 thought to be eligible. The scheme, introduced under new laws, was supposed to remove gay and bisexual people from the database where their 'sex offences' would no longer be considered a crime. But it has proved less popular and successful than advocates anticipated in the first six months. The Protection of Freedoms Act 2012, passed in May 2012, contained provisions for the government to disregard – in effect to treat as though they had never happened and to remove from all official records – convictions for four offences, these were: Section 12 of the Sexual Offences Act 1956 (buggery), Section 13 of that Act (gross indecency between men), Section 61 of the Offences against the Person Act 1861, Section 11 of the Criminal Law Amendment Act 1885. Other related offences, such as the Vagrancy Act, and legislation specific to the armed forces), were also included. Advocates for this legislation argued that such acts would not be in any way unlawful today – and that to continue to exclude individuals from some jobs on the basis of such convictions was an affront to their human dignity. Details on how to apply are provided by the Home Office.

GPA

- Gay Police Association website.

HISTORIC CONVICTIONS FOR CONSENSUAL ACTS TO BE DELETED

The Home Office will, from 1 October, begin the process of correcting an anomaly in the criminal records system which has for decades seen gay men unfairly stigmatised. Anyone with a historic conviction, caution, warning or reprimand for consensual gay sex, that meets the conditions laid down in the new Protection of Freedoms Act, will be encouraged to come forward and apply to have these records deleted or disregarded. For more information on this, please check out the link: www.homeoffice.gov.uk/media-centre/news/historic-convictions

EQUALITY ADVISORY AND SUPPORT SERVICE

A new service, funded by the Government Equality Office, called the Equality Advisory and Support Service (EASS), will begin operation on 1st October 2012.

The new service replaces the helpline run by the Equality and Human Rights Commission's, which has operated in Scotland, Wales and England for some time and will cease to function from the end of September.

The new service is directed towards people who think they may have experienced discrimination and will not be available to employers, service providers or educators. The service aims to support individuals referred from local organisations, advisory groups, faith based organisations and other groups working within the community that support people experiencing discrimination.

The EASS will be different to the EHRC's helpline in some significant ways:

• It will work collaboratively with advice agencies and other local organisations who are often the first points of contact to which people turn when they have discrimination problems, receiving referrals and feeding back on the outcome for individual clients.
• It focuses on encouraging informal resolution wherever possible. • Where informal resolution is not possible or not what the client wants, the new service will offer, for discrimination problems, referrals to mediation or conciliation services and, for individuals who are representing themselves in a discrimination claim, information about and support with preparing a claim but not legal advice or representation ('pre-claim support').
• From its work it will assemble statistics about discrimination problems and share this with the Equality and Human Rights Commission.
• Governments (UK Government, Scottish Government and Welsh Assembly Government) and more broadly within the advice and voluntary and community sector.

The EASS will:

• Provide advice and information on discrimination and human rights issues, specifically:-
• explain what the law says and how this applies to individuals in the country they live in
• explain how a situation could be resolved by you For discrimination issues the service will also be able to
• support you in attempting to resolve your issue informally
• if you can't resolve your issue informally then refer you to a conciliation or mediation service
• If you need or want to seek a legal solution, help you work out if you if you are eligible for civil legal aid
• if you are not eligible for civil legal aid then help you find an accessible legal service, or assist you to represent yourself by giving you information and support on how to prepare and lodge a claim.

The EASS will not:

• provide legal advice
• provide information, advice and support on anything other than discrimination and human rights
• represent you when providing pre-claim support
• advise on the strength of your case
• advise on what evidence is needed to prove your case
• advise on court/sheriff court/tribunal proceedings once a claim has been issued.

Local groups and organisations are encouraged to refer in cases of discrimination to the EASS. The EASS will work with both individuals and organisations in order to seek resolutions for those who have a protected characteristic and who have experienced discrimination. The EASS can also provide specialist advice on human rights problems.

The service will, additionally, work with both the Equality and Human Rights Commission and devolved institutions to identify cases with a strategic interest and refer them to these bodies for consideration.

Wherever a case is referred in, local organisations and the EASS are expected to exchange outcomes on the conclusion of a case with the referring organisation (subject, of course, to the consent of the individual concerned). This will support, through anonymised management information, GEO and colleagues in Wales and Scotland to understand which issues are periodically and geographically trending. It will also mean the referring organisations can show the outcomes they have contributed to.

Local groups and organisations are and encouraged to refer clients that need further advice and support on discrimination and human rights issues than they are able to provide, to the EASS. Please note that for work-related discrimination problems the new service will help those clients who need more help and support than it is appropriate for Acas advisory services to provide.

To refer a case in, all that is required is for contact to be made to the EASS. You can:

• Call the voice line on the new number from October 1st 2012 – 0800 444 205.
• Text users can dial 0800 444 206
• Skype video BSL calls via the Royal Association for the Deaf.

The EASS will not be advertised to the general public so please do broadcast this news to your advice worker colleagues, but not to the general public.

The EASS will be run by Sitel in partnership with Disability Rights UK. Law Centres Federation, Voiceability, and the RAD Deaf Law Centre are providing support services to the new service.

If you need to know any more about this exciting service, please email: or check out the Home Office website.