Producing your license at the side of the road
Discussion
A couple of posts have mentioned being asked for their license at the side of the road and failure to produce being an arestable offence. I thought you could go for a producer and hand all you documents in at the local station in up to 7 days. Has this changed or were the coppers trying it on?
Not sure about this, PH BiB will be on soon to give chapter and verse, but the cases mentioned are probably an example of officers using the 'Ways and Means Act'...if an officer asks you for your name and address and you refuse to give it, or if there are grounds for believing that your response isn't truthful - and this is where asking for a driving licence may come in - then a lawful arrest can be made.
However unlike some other countries it's not compulsory to carry your licence with you at all times on the road...
However unlike some other countries it's not compulsory to carry your licence with you at all times on the road...
I was stopped this morning and told if I didn't produce my licence there and then I would be arrested and the matter would be dealt with at the Police Station if I didn't produce my licence, I was never at any time asked my name & address before that. I did however give my photo card licence to the Police and he took the details form there .
The offence of failing to produce documents occurs at the point they are requested and are not produced, not in 7 days after the requirement has not been met to take to the local nick.
Police can arrest for ANY OFFENCE WHATEVER IT IS under the new SOCAP 2006!
You can only have your house seacrhed on committing an indictable offence and not for a summary offence.
You could be arrested for dodgy number plate now. Police could not search your house for the correct ones
>> Edited by mg6b on Tuesday 4th April 14:34
Police can arrest for ANY OFFENCE WHATEVER IT IS under the new SOCAP 2006!
You can only have your house seacrhed on committing an indictable offence and not for a summary offence.
You could be arrested for dodgy number plate now. Police could not search your house for the correct ones
>> Edited by mg6b on Tuesday 4th April 14:34
Smart Roadster said:
So it's not an offence to not have your documents, but if you don't have your documents you can be arrested!
Marvelous
You can be arrested for any offence!
You can be arrested even if you have not committed an offence if a police officer has reasonable grounds to think that you have!
Nothing has really changed from the PACE 1984 under the general power of arrest (Sect 25)where you could also be arrested for any offence providing certain conditions were fulfilled.
There are a few extra conditions added to SOCAP as well as the Sect 25 conditions. The new conditions include one that it is necessary to arrest to expedite the enquiry quickly and efficiently! That will do nicely thank you!
>> Edited by mg6b on Tuesday 4th April 14:55
What a warm and fuzzy feeling that gives me about the police. You've done nothing wrong and are happy to pop to the local nick in the next week, but because plod is grumpy he can waste your time and his dragging you down the nick so you can be done for a total non event.
I have always been dealt with fairly in my few encounters with Mr plod but if I got nicked for not having my license on me I could see a change of attiude to the police following close behind the arrest.
Thank you for answering my questions.
I have always been dealt with fairly in my few encounters with Mr plod but if I got nicked for not having my license on me I could see a change of attiude to the police following close behind the arrest.
Thank you for answering my questions.
mg6b said:
You can be arrested even if you have not committed an offence if a police officer has reasonable grounds to think that you have!
If, in the situation that police officer attempted to arrest you for a crime they thought you committed, you legged it or resisted it on the basis you didn't commit said offence, would you then be liable for resisting arrest as they were falsely arresting you to start with?
apologies for horrifically long sentance, worked through the night & not at my most comprehensible
Yes a most odd situation, but credit due to the West Midland Police, I live in Aberdeen and always phone my uncle at 3 pm every Sunday, he is 82 and a widower. When he failed to answer the phone last week, I called the West Midland Police, said I was concerned about him.
Within the hour, they had visited his house, and neighbours, called me back and told me the ward and phone number he was in, he had a slight fall, and was admitted for observation.
Digressing I know from the thread, but a little praise now and again doesnt go amiss.
Oh and by the way, does the original thread also allow us to ask the police to produce their license at the side of the road, to see if they are in compliance with the rules they are enforcing? If they cant, can I make a citizens arrest?????
Within the hour, they had visited his house, and neighbours, called me back and told me the ward and phone number he was in, he had a slight fall, and was admitted for observation.
Digressing I know from the thread, but a little praise now and again doesnt go amiss.
Oh and by the way, does the original thread also allow us to ask the police to produce their license at the side of the road, to see if they are in compliance with the rules they are enforcing? If they cant, can I make a citizens arrest?????
mg6b said:
The offence of failing to produce documents occurs at the point they are requested and are not produced, not in 7 days after the requirement has not been met to take to the local nick.
Police can arrest for ANY OFFENCE WHATEVER IT IS under the new SOCAP 2006!
You can only have your house seacrhed on committing an indictable offence and not for a summary offence.
You could be arrested for dodgy number plate now. Police could not search your house for the correct ones
>> Edited by mg6b on Tuesday 4th April 14:34
...and that means your DNA being taken doesn't it? ...stealth DNA database creation...
[quote=james_j...and that means your DNA being taken doesn't it? ...stealth DNA database creation...[/quote]
Finger prints and DNA sample taken - stored indefinetly - no right to have it destroyed even if you are then released. While they store the DNA sequence they also store the DNA sample - this means that futher tests can be carried out on at any date in the future as and when science determins a new test for XYZ. You have no right to see who has accessed the information or for what purposes. No right to know where it is stored or how it is stored or how continuity of evidence is preserved.
[/quote] Finger prints and DNA sample taken - stored indefinetly - no right to have it destroyed even if you are then released. While they store the DNA sequence they also store the DNA sample - this means that futher tests can be carried out on at any date in the future as and when science determins a new test for XYZ. You have no right to see who has accessed the information or for what purposes. No right to know where it is stored or how it is stored or how continuity of evidence is preserved.
bga said:
If, in the situation that police officer attempted to arrest you for a crime they thought you committed, you legged it or resisted it on the basis you didn't commit said offence, would you then be liable for resisting arrest as they were falsely arresting you to start with?
Yes. As long as the Police Officer was acting in the execution of his/her duty and had grounds to suspect that you had committed an offence even if you had not!
The arrest would (mostly) only be false if there were no power to do so. There is now a power to arrest for anything if the arrest is made for the efficient investigation of the offence!
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