Lockdown 2 - Can the police stop you to check if essential?
Lockdown 2 - Can the police stop you to check if essential?
Author
Discussion

omniflow

Original Poster:

3,828 posts

180 months

Thursday 5th November 2020
quotequote all
This happened to me during lockdown 1 - there was a checkpoint and they were asking all drivers if their journey was essential. I was told that this was an illegal stop, and I have no reason to doubt that.

My question now is - has anything changed? Are there any new laws specific to lockdown that mean the police can stop you to ask you about why you're in your car?

Timbo_S2

685 posts

292 months

Thursday 5th November 2020
quotequote all
The fact that i've just been issued a letter from my CEO informing anyone that i'm travelling for his business makes me thing that perhaps you will.

As a business, we were challenged many many times in lockdown 1. I don;t expect the same level of inspection during lockdown 2:the reckoning...

steveo3002

11,204 posts

203 months

Thursday 5th November 2020
quotequote all
going by last time i can only imagine its hours until we see pics of the police getting it wrong and hassling folk going about their day

Rushjob

2,302 posts

287 months

Thursday 5th November 2020
quotequote all
Stop and account - you can be stopped and asked to account for your current actions yes the police can stop you.

carinaman

25,169 posts

201 months

Thursday 5th November 2020
quotequote all
steveo3002 said:
going by last time i can only imagine its hours until we see pics of the police getting it wrong and hassling folk going about their day
What's 'essential' shopping? They come unstuck with that last time.

ScoobyChris

2,307 posts

231 months

Thursday 5th November 2020
quotequote all
With schools and colleges remaining open this time round, I think the roads will be a lot busier than last time, at least on weekdays.

Chris

anonymous-user

83 months

Thursday 5th November 2020
quotequote all
https://www.legislation.gov.uk/uksi/2020/1200/pdfs...

Sections 5 and 6 are your friend.

"I am travelling to [location] for [reason] pursuant to section, subsection, line, etc etc"

sociopath

3,433 posts

95 months

Thursday 5th November 2020
quotequote all
omniflow said:
This happened to me during lockdown 1 - there was a checkpoint and they were asking all drivers if their journey was essential. I was told that this was an illegal stop, and I have no reason to doubt that.

My question now is - has anything changed? Are there any new laws specific to lockdown that mean the police can stop you to ask you about why you're in your car?
Why would you believe what someone told you but not believe what the police and govt. tell you.

Was it a lawyer?

omniflow

Original Poster:

3,828 posts

180 months

Thursday 5th November 2020
quotequote all
Rushjob said:
Stop and account - you can be stopped and asked to account for your current actions yes the police can stop you.
The specific act of stopping me to ask if my journey was essential has been highlighted as an illegal act by someone qualified to make that judgement. Therefore, my question is - is that specific act still illegal or have one or more new laws been introduced that means it is now legal.


sociopath

3,433 posts

95 months

Thursday 5th November 2020
quotequote all
omniflow said:
Rushjob said:
Stop and account - you can be stopped and asked to account for your current actions yes the police can stop you.
The specific act of stopping me to ask if my journey was essential has been highlighted as an illegal act by someone qualified to make that judgement. Therefore, my question is - is that specific act still illegal or have one or more new laws been introduced that means it is now legal.
Just tell them you're a freeman of the land as you drive past, I'm sure that'll be fine.

Alternatively don't be an ahole and don't make people's jobs difficult when you don't have to.

And how do you decide someone is qualified to make that judgement, unless they're a judge and it is being tested in court?

anonymous-user

83 months

Thursday 5th November 2020
quotequote all
omniflow said:
The specific act of stopping me to ask if my journey was essential has been highlighted as an illegal act by someone qualified to make that judgement. Therefore, my question is - is that specific act still illegal or have one or more new laws been introduced that means it is now legal.
The police can pull you for any reason, and that's been the case long before coronapanic.

https://www.gov.uk/stopped-by-police-while-driving...


steveo3002

11,204 posts

203 months

Thursday 5th November 2020
quotequote all
im going for food shopping bruv

the end

dundarach

6,226 posts

257 months

Thursday 5th November 2020
quotequote all
Given you can drive to the shops I would assume in all cases that's the answer???

Unless say you live in the city and are now at the beach, in which case shopping at specialist deli right over there officer

omniflow

Original Poster:

3,828 posts

180 months

Thursday 5th November 2020
quotequote all
sociopath said:
Just tell them you're a freeman of the land as you drive past, I'm sure that'll be fine.

Alternatively don't be an ahole and don't make people's jobs difficult when you don't have to.

And how do you decide someone is qualified to make that judgement, unless they're a judge and it is being tested in court?
What makes you think I'm being an ahole? You know absolutely zero about my personal circumstances, my reason for asking the question or my intentions, but you've already judged me - I think I know who the ahole is in this context.

HantsRat

2,409 posts

137 months

Thursday 5th November 2020
quotequote all
Section 163 Road Traffic Act

163Power of police to stop vehicles.
(1)A person driving a [F1mechanically propelled vehicle] on a road must stop the vehicle on being required to do so by a constable in uniform [F2or a traffic officer].
(2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform [F3or a traffic officer].
(3)If a person fails to comply with this section he is guilty of an offence.

No reason needs to be given for the stop. If the officer also want to check your journey is within the current CV-19 restrictions then they can.

omniflow

Original Poster:

3,828 posts

180 months

Thursday 5th November 2020
quotequote all
Sam.M said:
https://www.legislation.gov.uk/uksi/2020/1200/pdfs...

Sections 5 and 6 are your friend.

"I am travelling to [location] for [reason] pursuant to section, subsection, line, etc etc"
Thanks for that - very interesting.

I am definitely not a lawyer, but the list of exceptions is somewhat extensive.

steveo3002

11,204 posts

203 months

Thursday 5th November 2020
quotequote all
Sam.M said:
so any reason apart from "im wandering around for no reason"

anonymous-user

83 months

Thursday 5th November 2020
quotequote all
steveo3002 said:
so any reason apart from "im wandering around for no reason"
Please let me know the name of your office so I can avoid taking professional legal advice from your teams smile

omniflow

Original Poster:

3,828 posts

180 months

Thursday 5th November 2020
quotequote all
HantsRat said:
Section 163 Road Traffic Act

163Power of police to stop vehicles.
(1)A person driving a [F1mechanically propelled vehicle] on a road must stop the vehicle on being required to do so by a constable in uniform [F2or a traffic officer].
(2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform [F3or a traffic officer].
(3)If a person fails to comply with this section he is guilty of an offence.

No reason needs to be given for the stop. If the officer also want to check your journey is within the current CV-19 restrictions then they can.
No reason needs to be given for the stop - I understand that bit and accept that it is correct

If the officer also want to check your journey is within the current CV-19 restrictions then they can - This is the bit that I'm seeking clarity on. Under the road traffic act the police officer can ask your name and to see driving licence, MOT and Insurance.

Dr Jekyll

23,820 posts

290 months

Thursday 5th November 2020
quotequote all
sociopath said:
Just tell them you're a freeman of the land as you drive past, I'm sure that'll be fine.

Alternatively don't be an ahole and don't make people's jobs difficult when you don't have to.

And how do you decide someone is qualified to make that judgement, unless they're a judge and it is being tested in court?
This is the attitude I don't like.

Why are you out of your house?
I'm visiting Acacia avenue.
You can't do that.
Why not?
It's illegal.
No it isn't.
Well it should be.
But it isn't.
Well it makes it harder for me to do my job so I'll stop you anyway.
What is your job?
Stopping people going to Acacia avenue.