Police - Stop & Question

[swl]

A scenario: you are out for a walk. There's someone in at home, so you're not carrying your keys. You won't be out long, so you've not bothered taking a wallet. In short, there is nothing on you to identify you as you.

The police stop you - just a couple of questions. Who are you? Where have you been? Where are you going?

Now, it's been seriously proposed that refusing to answer such questions could become an offence punishable by a fine of up to �5,000, thus making all of us accountable to the state for our every action, all the time. Shocking, appalling, the sort of thing one might expect of a dystopian, Orwellian sf horror, rather than Britain in 2007.

I have a question: if one were stopped by the police today in such a situation, and one simply did not respond to them AT ALL - i.e. remained completely silent, regardless of anything they said or did - what recourse would the police have? And if, under some pretext, they arrested you and you STILL remained silent, what then? If they have no way to identify who you are, and you refuse to identify yourself, what could/should/would they do? How long can they hold you? And if they held you for a time, how would they record it?

[Joe_the_Lion]

If they have reasonable grounds that you may be carrying numerous items under various acts, ie stolen property, articles for going equipped, drugs, ciggies (if under 16), drugs, firearms etc etc etc, you can be detained for a search. Similar to an arrest but slightly different.

At this stage, if you do not give any details there will be no offence. If you are then arrested for something found on your person and still stay shtum, that is your right. The first thing said to you will be "You do not have to say anything".

If you are suspected to be wanted for another offence (ie a copper ecognises you, or you fit the description of a felon), then may be a chance your dna or fingerprints will be on file. These can now be tested using force even before any charge.

If ID is still so sought and you are still legally detained for a suspected offence then you have the right to stay silent throughout and there will be no additional offence. It may harm your defence, as said in the caution, but no an offence in its own right.

However, if silent at court this will be deemed contempt. If evidence is there for a conviction you will be convicted regardless and a contempt conviction thrown in.

You will serve your time as per usual.

Although PACE came in in 1984/5 many IRA terrorists used to do this and still got banged up.

Finally, I know you said in the scenario you are walking, but if you were driving or believed to have been, it is an offence in its own right not to give your details. And also uder The Prevention of Terrorism Act if that is why yoiu have stopped and some section of The Criminal Justice Act.

Hope this helps.

[almcd007]

If they seriously thought you had committed a crime they can detain you until they verify who you are. You'd be put into a cell until they made their enquiries you would be marked as "unco-operative" and "unknown"

If you had nothing to hide you wouldn't try and obstruct them - you'd surely help all you can to prove your innocence.

"Now, it's been seriously proposed that refusing to answer such questions could become an offence punishable by a fine of up to �5,000, thus making all of us accountable to the state for our every action, all the time"

Only if you are suspected of a crime- it's a typical kind of nonsense spouted by people who cannot see further than the end of their noses.

[claguey]

swl you don't strike me as the sort of person who could say nothing if stop checked in these circumstances. If you had nothing to hide why would you not co-operate? Why on earth would you want to be obstructive? What is your problem?

[swl]

It's just a hypothetical situation and I'm merely curious. Thanks for the answers anyway.

[mandimoo]

the problem, i fear, is that our civil liberties are at risk. and the threat of terror is a great excuse to whittle away at innocents liberties.... bit by bit.

[Reverandfunk]

Done nothing wrong = nothing to worry about. Simple.

Do people honestly think that this is going to greatly effect our lives? In my area you wait 3 days for the police to visit after a burglary so I don't think we are going to have a new army of policemen on every corner demanding to know what we are doing.

[mandimoo]

it will happen in small steps so we barely notice. eventually we will all wear tags and be submitted to curfew. anyone on the streets after hours will be arrested.

[mandimoo]

but most importantly if our freedom of speech disappears, then we will not be a democratic society any more. you WILL do what the dictators say.

[agamad]

I'm with Reverendfunk on this.

If getting stopped and answering a couple of questions leads to a safer place to live then i've not got a problem with that.
Time and time again the reality shows on tv about the police show persistent or actual offenders being dealt with. Trouble is, the law's to soft on a lot of them.

Not enough police out there if you ask me.