…Naughty POLICE OFFICER!!
The POLICE officer decides to detain a member of the public who was working in the neighborhood with a colleague. A resident called the police saying that there was “SOMEONE SUSPICIOUS” in the neighborhood, who’s face didn’t fit!
The 999 call did not say a crime was committed, the people were doing wrong or anything that would warrant a police response, nevertheless, Police were diverted from more pressing criminal investigations to attend.
Despite Police having the power to DETAIN ONLY IF they have a reasonable suspicion that the suspect has an ILLEGAL ITEM in their POSSESSION, such a detention should last no longer than necessary….
Here the officer DETAINED the citizen whilst trying to work out if criminality occurred or if the person was even the one referred to in the call.
Such DETENTION was unlawful and without legal authority. The officer could have consensually asked questions which the citizen could answer, or ignore and walk away.
The officer also wanted the details of the citizen, a UK citizen is under no obligation to give details unless under ARREST! An officer MAY arrest a person ONLY IF they have a reasonable tangible belief that the “person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offense [2.1]”
These LAWS and requirements are detailed in PACE, SECTION G, SUB SECTION 2
To warrent an arrest the officer MUST have “some reasonable, objective grounds for the suspicion, based on known facts and information which are relevant to the likelihood the offense has been committed and the person liable to arrest committed it” [2.3.A]
AND
An arrest is necessary……… A POLICE OFFICER MUST…..
“…provide the grounds for believing that their arrest is necessary and which the officer considers satisfy one or more of the statutory criteria in sub-paragraphs (a) to (f), namely:
(a) to enable the name of the person in question to be ascertained …
An officer might decide that a person’s name cannot be readily ascertained if they fail or refuse to give it when asked, particularly after being warned that failure or refusal is likely to make their arrest necessary (see Note 2D). Grounds to doubt a name given may arise if the person appears reluctant or hesitant when asked to give their name or to verify the name they have given.”
“(b) correspondingly as regards the person’s address:
An officer might decide that a person’s address cannot be readily ascertained if they fail or refuse to give it when asked, particularly after being warned that such a failure or refusal is likely to make their arrest necessary. See Note 2D….”
This means that NO ONE is required to provide an address if not under arrest, If an officer has enough belief that you are involved in criminality he then may arrest to determine your details.
He then may take you to the station OR DE-ARREST you and proceed with the matter another time.
WHAT DO YOU THINK?????
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