Can panda 'do' you for speeding?

Can panda 'do' you for speeding?

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Discussion

gog

Original Poster:

283 posts

256 months

Sunday 15th January 2006
quotequote all
My mate says that he was afraid to refuse to wait, as he thought that he would be arrested for obstruction!

J1mmyD

1,823 posts

221 months

Sunday 15th January 2006
quotequote all
My immediate thought with regard to not following the instructions of the police officer would be obstructing an officer in the course of his duties.

In addition to this, the officer has a great deal of latitude with the Public Order Offences.

If you had provided your name and address along with corroborating documents (driver's licence, passport) then it's doubtful that the police officer could object to your leaving.

Speeding is not, per se, an arrestable offence. These are defined by the Police and Criminal Evidence Act as murder; offences which carry a maximum tariff in excess of 5 years imprisonment; then other offences specified by that Act - carrying an offensive weapon; ticket touting and others.

The officer can arrest you if he is not satisfied as to your identity or as to the veracity of the identity you have given. He can also arrest you if he thinks that you constitute a danger to yourself or others. This might be argued to cover speeding offences.

As a rule, it's very much advisable to co-operate with any and all police officers - regardless of your views of their actions.

One possible exception to this is where you might be asked to accompany the officer to the station as an alternative to his arresting you. If you are arrested, you have the protection afforded by PACE and the 'custody clock' starts. If you voluntarily attend then you do not have the protection afforded by PACE, and although technically you can leave at any time the officer can arrest you when you chose to exercise that prerogative and the custody clock will start later.

If you are ever in the position that you are asked to attend a police station with regard to an offence, ask for legal representation. Answer all questions pertaining to any alleged offence with a polite 'no comment' until you have seen your legal representative. Remember - everything you say can and will be recorded, as they say. Your comments do not have to be made in an interview to be held against you.