Preparing for Direct Action
The information below is for established affinity groups that have been through NVDA training and/or have gone through the entire Activist Centre on the D.A.M website. This information is for AG’s to take steps to prepare for direct action, whether it is nonviolent or otherwise.
*The following summary is for educational purposes*
Taking potentially illegal action should always be taken very seriously and be thoroughly planned, coordinated and supported, however, this may not always be possible. Those with more privilege, and less risk of systemic violence or other unfair treatment from police, may want to consider taking the responsibility of arrestable roles. It is still a personal choice and no one should ever be forced in to an arrestable role. If there is an ongoing campaign that your AG would like to be involved with or an ongoing issue that your AG would like to address through direct action, below are some things to remember and consider.
Neither D.A.M or the author are suggesting that any particular reader get themselves arrested.
Again, it is a personal choice.
Plan
Members of your AG should meet and discuss the problem(s), your goal(s) and ways to achieve the goal(s). Follow security protocol and research the issue thoroughly. If time allows and your AG uses consensus, go through that process. Your AG may plan to do a solo act, so to speak, or you may be working within an ongoing campaign which involves people outside of your AG. AG’s should consider the outcomes and potential consequences for other individuals and/or groups that are involved with larger campaigns, protests and/or actions. Our actions do not happen in vacuums. Go through roles for the action and assign to AG members. You may need to do recon. Organise all of the steps your AG needs to complete before taking action.
What to bring
Methods of NVDA/DA are physically and mentally exhausting, and you may end up participating for much longer than planned. Amongst other things, it is important to take a backpack with food and water, a first aid kit, clothing that is suitable for current weather conditions and any protective clothing that may be needed. Also consider bringing a portable phone charger. If you take regular, prescription medication you may need to take your next dose with you, but please note that it is advisable to have proof of your prescription and/or original packaging or else you may catch an extra charge if you are placed under arrest. More suggested items are pictured below:
If you/your AG will definitely be engaging in arrestable activity, or if you are planning a ‘sneaky’ action, you may require different items if your tool kit. Here is a list of alternative items (which may be illegal to carry) activists may want to consider carrying:
- Black backpack
- Multi-use tool
- Head-torch
- Spare batteries for all tech gear
- Portable charger
- First-aid kit
- Walkie-talkies
- Balaclava (may need to make one as it may be a security risk to purchase one depending on where they’re available)
- Water/snack
- Tiny screwdriver set
- Duct tape/electrical tape
- Black gloves and/or biohazard gear + hand sanitizer
- Brick/burn phone
- Wire and/or bolt cutters
Is there a risk of arrest?
Consider whether your action will be one that carries the risk of arrest. Make sure you are aware of the possible charges, fines and legal consequences associated with any action you are planning. Below is important information about the process of arrest and about certain powers of police.
(PLEASE NOTE - this is not legal advice and some of this information may not apply to you depending on where you live. You must look in to this for yourself. THIS IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT TO BE USED AS LEGAL ADVICE OF ANY SORT. D.A.M is not responsible for any actions or outcomes of, or for, any persons related to this information or this website)
Summary: Police powers and process of arrest
The police should tell you they are arresting you and why. You should be able to see the officers name and badge number or be given that information if you ask.
Except for giving your name, address and date of birth, you should have the right to remain silent. You do not have to answer their questions unless otherwise specified. *Please research this for your area.
Police have broad search powers once someone has been arrested. Once at the ‘cop shop’ your belongings will be taken and be returned after you have been ‘processed.’ Your fingerprints, photo and other information will be taken/asked for. You may be asked for a DNA sample (saliva, urine).
You should have the right to make a phone call to family or a lawyer.
You may be charged and given a list or explanation of your charge(s), or released without charge. If you are charged, you should either be released on bail or refused bail and not released. Bail is an agreement between you and the police that you will appear in court on a specified date. There may be conditions set during the bail period and that should be specified on paperwork. It is advisable to seek professional legal advice if you have been charged. Other paperwork one might see during or after this process: consent form(s), Statement of Material Facts, Bail Undertaking, Notice of Conviction, Prosecution Notice and/or Conditional Release Order.
Have a legal team to support you, if possible. This can be on-site during protests and/or representation for any potential court proceedings. On-site legal support team roles can be referred to as Police Liaisons and Legal Observers.
A Legal Observer’s role is to record and document any and all interactions between activists and police. Wear high vis and introduce yourself to police and explain your role.
A Police Liaison’s role is to speak directly with police and negotiate terms of interaction with activists, Right to Protest and level of Police response, amongst other things. A Police Liaison will also negotiate terms of arrest(s). Wear high-vis and introduce yourself to police and explain your role. It is very important to document any arrests. Police liaisons need to ask what police station the arrested group member(s) will be taken to and make sure to arrange pick-up for each arrested group member.
*The police officers have most likely dealt with a Police Liaison and/or Legal Observer previously.
*Please review the information for Police Liaison and Legal Observer roles (and other supportive roles) as well as our extensive legal sections.
De-escalation
De-escalation is a way of diffusing conflict by helping one or more people ‘regain control’ and stop the escalation of their emotions and/or behaviour. Having the necessary knowledge and skills to use de-escalation tactics can be extremely useful, both within the group structure and for protests and confrontations. D.A.M strongly advises that you learn more by reviewing the de-escalation page if you/your AG hasn’t done so already.
Look out for each other and stay focused on your goal(s).
Physical skills
The following skills may be useful and beneficial for people to learn regardless of what category of activism they pull their methods/actions from, so it is beneficial to cover this section. These skills are especially beneficial for people/AG’s that choose to engage in methods of civil disobedience and direct action.
What you will cover
-Nonviolent movement and nonviolent body/verbal language
-Non-violently resisting arrest
-Linking arms and hands + stance; standing and sitting as a unit while linked
-Moving as a unit while linked; removing targeted activist
Nonviolent movement, verbal/body language
Try not to swear. Not only does this escalate situations but it can also be a charge if you swear at an officer. Try to keep your voice down, do not communicate threats, try not to make swift movements around police/horses/dogs/opposition and try to keep your palms open (no fists) and do not act as if you are going to throw/hit/swing anything. Smile instead of looking angry when possible. Humour is a great de-escalation tool. You can do some role play to test the way each of you react and feel when different levels of escalation are reached. Remember the Principles of Nonviolence (MLK Jr.). Playing tranquil or fun music is also a positive way to help calm or lighten the mood/temper/emotions of protestors as well as (potentially) police and bystanders, too.
Making process of arrest last longer and use more resources
If police ask someone to move, they may have planned to get a move-on notice, which is just a piece of paper and a 24-hour restriction from a specific area in relation to the protest/action (may not be a ‘thing’ in their area, please double-check), or they may have planned to get arrested. Police will eventually physically remove the individual. If an individual wants to make this process last a bit longer and use up more resources, they may want to tense their body (stiff as a board) or go limp (limp as a wet noodle/”dead weight”). Either tactic makes it more difficult for someone to be physically moved. People should not kick, punch or otherwise act in an aggressive manner. Individuals can choose to just lay/sitand wait to be carried away and arrested. This is generally not considered an act of resisting arrest, but it is dependent on the laws in your area, police response and your level of systemic-based risk. You are not running away or prohibiting them from arresting you, but you may end up with an extra charge for obstruction because you are not following their order to get up. The same may happen if you are locked-on and do not remove or unlock yourself.
Do some role play. Have an even number of police and protestors. The protestors have decided to sit down and block an intersection. The police have tried to negotiate through Police Liaisons for the protestors to move, but they refuse. So now the police have decided to physically remove the protestors. Have some of the protestors try the “stiff as a board” tactic while the others test out the “limp as a wet noodle” tactic. Discuss the pros/cons of each and what situations they may work best in.
When in these situations, keeping your head down can help prevent personal/internal escalation. If anyone is anxious or their stress levels are increasing, they can take slow deep breaths and use the grounding skills previously covered in the guide. An individual’s affinity group should also be aware so they can be supportive. There is a difference between facing police/opposition and turning one’s back on police/opposition. This can go different ways with Police. It may be taken as an act of defiance if someone has already been addressed by an officer. It also may escalate situations between protestors and opposition, but at times, peacefully standing or sitting with backs facing opposition can be seen as peaceful and submissive. Discuss this and see if the affinity group can determine when each ‘position’ may be beneficial/appropriate. It is also a powerful visual image if very peaceful protestors are treated roughly by Police. (Remember the Principles and Steps of Nonviolence from MLK Jr.)
Linking arms & stance
This is another tactic that can be used to stall and to make process of arrest last longer and use up more resources. When standing/occupying a space that an affinity group does not want to be moved from, activists/protestors can stand with their feet approximately shoulder width apart and knees bent slightly. It is not advisable to stand with stiff, straight legs/locked knees or one may lose their balance easily. In order to be more difficult to move, AG members can link arms with those around them.
Linking arms is a very commonly used tactic by protestors to make themselves a solid unit. This is a tactic to stall and use resources. When groups do this, they should try their best to link arms with people that are of similar height. Any vulnerable or at-risk protestors should be flanked by stronger and more experienced activists. Try to wrap hands around the opposite wrist after linking arms. This makes for an extra tight hold. When protestors are linked up like this, it becomes much more difficult to move them. Role play and see the difference between police moving a few protestors that are not linked vs moving a line or circle of linked protestors.
Once comfortable with linking arms, practice this in a line, and then in a circle formation. This makes it even more difficult to remove/separate you. The protestors on either end will need to look for one another and link up quickly. Now, people can either be facing out, or facing in, when the group forms a linked circle. Remember the discussion and role play regarding facing police/opposition and turning backs to police/opposition and translate it into this exercise.
Once ready to move on to the next level, take all that has been learned so far and practice sitting and standing in a linked line and linked circle. This takes practice to get balance and weight dispersion correct so that people are not falling backward. This needs to be clean and quick so that police cannot come and pick group members off. You will need to depend on those that flank you for support to stand and sit without losing your balance.
Finally, practice moving a targeted protestor out of the area. This is done by making that linked circle around an activist and quickly but safely moving the circle away from police so that the protestor can get away. If police are acting like they are going to target a specific protestor for arrest, the group can quickly link up and move to that protestor, circle them and move them away. The group will need to have already decided on an exit route that allows the protestor to have cover or have easy access to a getaway. Make sure that the circled protestor isn’t being trampled on and that members of the linked circle do not lose their footing. This takes leadership and clear communication. It may be a good idea to nominate one or two group members to be the ones to call out during those instances; which direction to go, which protestor needs removal and so on. This tactic can also be used solely to move somewhere as a unit.
Violence vs nonviolence exercise
This exercise is a tool that will help affinity group members understand how the concepts of nonviolence and violence are subjective, and how each of us can have very different opinions on what is or is not violent and even whether or not violence can be justifiable in certain situations. For some, a philosophical approach of loving their enemies, often including pacifism, is what nonviolence means. For others, “nonviolence” is a tactical approach only. They can and will feel however they want to about their enemies/opponents, but they commit to nonviolence during actions.
Having different perspectives on what is violent/nonviolent does not mean that group members cannot work together. To the contrary, a wide variety of perspectives makes things interesting, and having different opinions involved with discussions and planning can be very beneficial. Having a commitment to nonviolence is the key factor, if your AG chooses to engage in nonviolent methods of activism.
This exercise is one that should open doors to conversations and lead to a better understanding of your fellow affinity group members and their stances on nonviolence vs violence, and when/if a violent act is justified. It may also give insight in to your own perspectives that you may not have been aware of previously. You should begin to understand how, even if your actions are perceived as nonviolent by you and your fellow group members, others may perceive your actions differently and your AG should begin to understand how your actions can negatively or positively impact others. (and are those “others” innocent or are they the culprits of the injustice you are fighting against?)
There are no right or wrong answers. You are NOT saying “I would/would not commit this act” by viewing an act as nonviolent/violent. There should be no judgement during or after this exercise.
You can use your knowledge of the consensus decision making process and options for blocking when, in the future, potential actions raise concerns for members regarding their perception of violence or what they are willing to participate in.
Exercise
Ask group members to stand up and ‘draw’ a line on the floor/ground. If you have something to use, go for it. Otherwise, just show where the ‘line’ is. One end of the ‘line’ represents ‘nonviolence’ and the other represents ‘violence.’ The line is a spectrum and gradually increases from nonviolent to violent (like a scale of 1 to 10, nonviolent being the 1 and violent being the 10).
Once this is all clear to group members, you will ask the following questions (or come up with your own similar questions), giving time after each for people to move up or down the line to where they feel the proposed action falls on this spectrum of nonviolence to violence. It is a great idea after each question to ask one or more of your group members to explain why they feel that proposed action is violent/nonviolent (or wherever they end up on that spectrum [line]). Rotate who you elect to answer and watch for social cues that someone may not want to be elected for this.
Proposed (hypothetical) actions
1) The act of screaming “AHHHHHHHH” very loudly when no one is around and no one can hear you.
2) The act of screaming at a child when they have misbehaved.
3) The act of screaming threatening remarks at officers that have assaulted a protestor at a nonviolent rally or protest.
4) Hitting a dog.
5) Purchasing and eating meat.
6) Removing a corporate-owned fence that is a boundary marker for an area of old growth forest that is being clear-felled.
7) Damaging a bulldozer, that is being used to clear a forest, by sabotaging the driving mechanism or the fuel system.
8) Burning down a facility where hundreds of animals are routinely, forcibly inseminated and killed every week.
9) Shooting the “enemy” during a war.
10) Making the decision to wage war against another country.
To review examples of direct action, nonviolent and otherwise, click below.