Film, Media & TV1 min ago
Giving details to police
Hi,
Does anyone know what section of the law the police use to ask you for your name and address? Also are you legally obliged to give them?
TIA
Does anyone know what section of the law the police use to ask you for your name and address? Also are you legally obliged to give them?
TIA
Answers
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If a police officer believes that you've been behaving 'in an anti-social manner' he/she has the right to demand your name and address, and it's an offence to fail to do so:
http://www.legislatio...uire-name-and-address
The definition of 'anti-social behaviour' is acting "in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself"
http://www.legislatio...-and-disorder-general
Otherwise a police officer can only stop you and require you to 'account for yourself' (in relation to your actions, behaviour, presence in a particular area or anything which you might be carrying). Under those circumstances you're not required to provide your name and address.
However the police have additional powers when in a 'designated area', as defined by the Terrorism Act 2000. They include, for example, to power to stop and search anyone, without giving (or needing) a reason. There has been considerable concern expressed that the police (with Home Office backing) have 'designated' many areas of the country, and continue to renew those designations without effective challenge. For example all railway stations, and most of central London, are 'designated areas', where you can be stopped and searched (without any reason at all) at any time.
Chris
http://www.legislatio...uire-name-and-address
The definition of 'anti-social behaviour' is acting "in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself"
http://www.legislatio...-and-disorder-general
Otherwise a police officer can only stop you and require you to 'account for yourself' (in relation to your actions, behaviour, presence in a particular area or anything which you might be carrying). Under those circumstances you're not required to provide your name and address.
However the police have additional powers when in a 'designated area', as defined by the Terrorism Act 2000. They include, for example, to power to stop and search anyone, without giving (or needing) a reason. There has been considerable concern expressed that the police (with Home Office backing) have 'designated' many areas of the country, and continue to renew those designations without effective challenge. For example all railway stations, and most of central London, are 'designated areas', where you can be stopped and searched (without any reason at all) at any time.
Chris
Thanks for your reply.
A bit of web searching has shown that the notorious 'Section 44' is currently 'on hold' pending possible(?) abolition but I'd not be surprised if it was replaced by something extremely similar!
http://www.liberty-hu.../section-44/index.php
A bit of web searching has shown that the notorious 'Section 44' is currently 'on hold' pending possible(?) abolition but I'd not be surprised if it was replaced by something extremely similar!
http://www.liberty-hu.../section-44/index.php
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