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| WildGoose |
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 WildGoose White Van Man

Joined: 21 Mar 2002 Karma :  
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 Posted: 21:38 - 17 Apr 2009 Post subject: What are we obliged to do for the Police? |
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Inspired by the, 'I just got tugged' thread, and various videos seen here ( https://www.tpuc.org/ ) . It struck a chord, because due to increased motoring of one sort of another over recent years i've had plenty of dealings with them (and other government enforcement officials).
I'm pretty sure most of us aren't certain, me included, precisely what our rights are regarding, privacy, cooperation and generally dealing with the coppers.
The more I think about it, the more it irritates me that we don't know, if our school system was up to anywhere the standard it should be, we should all be taught precisely what we are entitled to, and more importantly /where/ we can read it for ourselves.
A few years ago, before I was really interested, an officer of the law could happily spout any bullshit he felt he could get away with to support his point, and i'd probably have gone a long with it. I'm sure a lot of people are like this, and in some way tricked into some admission of guilt, or at least enough that the police can then use it against you.
To those who have seen the video of the guy filming the police for no apparent reason from his yard https://www.tpuc.org/node/124 , and they come wondering over, demanding he turn it off, taking his address and demanding his name, only to be forced to walk away with their tail between their legs after a re-education over the radio. I doubt I would have remained calm enough to say the right things.
So for example.
-Do you have to give you name? Why?
-Address? Why? What circumstances?
-Do you have to hand over your licence?
-Do you have to get out of a car?
-Do you have to sit in theirs? ____________________ So in other words, he stopped you for being flagrantly in posession of a motorcycle in direct contravention of the Hippies, Darkies and People Whose Face I Don't Like The Look of (Police Powers) Act. 1976 |
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| Scouse |
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 Scouse World Chat Champion

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| WildGoose |
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 WildGoose White Van Man

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 Scouse World Chat Champion

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| bazza |
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 bazza World Chat Champion
Joined: 27 Aug 2004 Karma :  
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 Posted: 22:26 - 17 Apr 2009 Post subject: |
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From the Met site:
| Quote: | Why do the police in London use stop and search?
The use of stop and search powers allow the police to tackle crime and anti social behaviour, and to prevent more serious crimes occurring.
Generally stop and search happens in public places – in the area around football matches, for example, or in neighbourhoods that have been experiencing problems with crime or vandalism.
The police have the legal right to stop members of the public and search them for a variety of reasons and using a number of powers. These are:
* Section 60 Criminal Justice and Public Order Act 1994, gives police the right to search people in a defined area at a specific time when they believe, with good reason, that: there is the possibility of serious violence; or that a person is carrying a dangerous object or offensive weapon; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality. This law has to be authorised by a senior officer and is used mainly to tackle football hooliganism and gang fights.
* Section 44 Terrorism Act 2000 gives police the power to search vehicles and people for items that could be used to commit a terrorist act. Police can search anybody anywhere under this law, and they do not need reasonable suspicion to do so. It is under this law that police conduct random searches in train and tube stations.
These searches are an important tool in the ongoing fight against terrorism. Used as part of a structured anti-terrorist strategy, the powers help to deter terrorist activity by creating a hostile environment for would-be terrorists – ensuring it is not easy for them to carry or use explosives and weapons.
Anti-terrorism Stop and Search often happens in train/tube stations, crowded public places or near important landmarks such as Parliament in central London.
Across London you may encounter three different police forces, the Metropolitan Police Service, City of London Police and the British Transport Police. Officers from these three forces, at various times, work together on specific crime and terrorist operations.
Why me?
* Being stopped does not mean you are under arrest or have done something wrong. In some cases, people are stopped as part of a wide-ranging effort to catch criminals and deter would-be terrorists in a targeted public place.
A police officer, or a community support officer must have a good reason for stopping or searching you and they are required to tell you what that reason is.
There are, however, occasions when the police can search anyone in a certain area, for example when there is evidence that serious violence has taken place or may take place, (Powers under S60 Criminal Justice and Public Order Act 1994) or a terrorist threat has been identified, (powers under the Terrorism Act 2000). The officer should explain this to you and must be searching for items to be used in connection with terrorism or violence.
You should not be stopped just because of your age, race, ethnic background, nationality, faith, the language you speak or because you have committed a crime in the past.
The police can stop or stop and search you:
* As part of anti-terrorism efforts
* If they think you're carrying a weapon, drugs or stolen property
* If there has been serious violence or disorder in the vicinity
* If they are looking for a suspect who fits your description
What is a stop?
There are three different types of stops that you may encounter:
1. 1. STOP - when a police officer or police community support officer stops you in a public place and asks you to account for yourself and may ask you the following questions:
* What you are doing
* Where have you been
* Where you are going
* What you are carrying
2. 2. STOP AND SEARCH - when a police officer stops and then searches you, your clothes and anything you are carrying.
3. 3. VEHICLE - a police officer can stop any vehicle and ask the driver for driving documents. This is not the purpose of stop and search, but you may be given documentation relevant to road traffic matters. It becomes a stop if:
* you or any passengers with you are asked to account for themselves; or
* a search is carried out of the vehicle, you or any passengers with you.
You will not necessarily be searched every time you are stopped. Sometimes you may just be stopped and questioned.
The police officer or police community support officer must explain why you are being stopped and held to account for your actions or presence in an area.
There are plenty of occasions when you might talk to police, and most of these do not qualify as either a ‘stop’ or ‘stop and search’.
You have not been officially ‘stopped’ if, for example:
* You stop an officer to ask for directions or information
* You have witnessed a crime and are questioned about it to establish the background to the incident
* You have been in an area where a crime recently occurred and are questioned about what you might have seen
In cases such as those, you have not been stopped for the purposes described on this website, a record of the encounter will not be made and you will not be given a receipt.
However, if you feel you have been stopped you can insist on the officer or police community support officer recording the encounter and giving you a receipt.
What is a stop and search?
Only a police officer can stop and go onto search you, your clothes and anything you are carrying, except when powers under the Terrorism Act 2000 are being used then police community support officers may search vehicles and bags carried by persons under the supervision of a police officer.
You may be stopped as the officer may have grounds to suspect that you are carrying:
* Drugs, weapons or stolen property
* Items that could be used:
o to commit crime.
o to commit an act of terrorism
o to cause criminal damage.
The grounds the police officer must have should be based on facts, information or intelligence or could be because of the way you are behaving. There are times however when police officers can search anyone within a certain area, for example:-
* Where a terrorist threat has been identified. (Section 44 Terrorism Act 2000)
* Where there is evidence that serious violence has or may take place. (Section 60 Criminal Justice and Public Order Act 1994)
The police officer should explain this to you and must be searching for items that could be used in connection with violence or terrorism.
Who can stop me?
* A police officer, or
* A police community support officer.
A police community support officer must be in uniform. A police officer does not have to be in uniform but if they are not wearing uniform they must show you their warrant card.
Where can I be searched?
* In a public place
* Anywhere, if the police believe you have committed a crime
If you are in a public place, you only have to take off your coat or jacket and your gloves, unless you have been stopped in relation to terrorism or where the officer believes you are using clothes to hide your identity
If the officer asks you to take off more than this or anything you wear for religious reasons, such as a face scarf, veil or turban, they must take you somewhere out of public view. This does not mean you are being arrested. In this case, the police officer that searches you must be the same sex as you.
What if I am in a vehicle?
Your vehicle can be stopped at any time and you may be asked to show your driving documents, such as your drivers licence.
A police officer can legally stop any vehicle at any time and ask to see the driver's licence. They can also ask where you're going and why. If the process ends there, this is considered a ‘vehicle stop’.
If, however, a police officer then tells you to step out of the vehicle and it is then searched, this is a ‘vehicle stop and search’
What should I do if I am stopped or/and searched?
Everyone has a civic duty to help police officers prevent crime and catch offenders. The fact that the police may have stopped someone does not mean they are guilty of an offence.
Apart from the inconvenience, people may feel irritated that they’ve been stopped when they haven’t done anything wrong – that’s completely understandable. However, the stop or stop and search will be much quicker if a person co-operates with police officers.
It's up to you whether you provide your name and address. You don't have to, but the best advice is that you should co-operate with the police.
Don’t forget that the stop or stop and search must be carried out according to strict rules – the police have responsibility to ensure that people’s rights are protected. Everyone should expect to be treated fairly and responsibility. In almost all cases, an individual should be given a record of the stop or stop and search at the time it happens. The police use these powers to help make the local community safer by disrupting crime – public co-operation is an essential part of that.
How should I react?
Be patient
The police are aware that being searched is an inconvenience, and that you’re probably in a hurry to get where you're going. They should make the search as brief as possible. But in the interest of public safety they must also be thorough.
Be calm
* Remember, you are not under arrest.
* Don't refuse to be stopped or/and searched.
* The process is not voluntary - the law gives police the authority to stop and search.
* Officers do not need your permission to go through your belongings - if you refuse, you can be searched by force.
* Try to stay calm and don’t be afraid to speak to the officer if you think your rights are being infringed.
What can I expect from the officer stopping or searching me?
The officer must be polite and respectful at all times. The Metropolitan Police are committed to continuously improving standards around the delivery of service to London’s communities.
All stops and stops and searches must be carried out with courtesy, consideration and respect.
We are aware that the process may take a little time but the process should be handled quickly and professionally.
The police officer will ask a few questions and then if necessary search you.
The search is not voluntary. If you do not cooperate the officer can use reasonable force to conduct the search.
Police officers, and police community support officers must use stop and search powers fairly, responsibly and without discrimination.
During a stop and search what information do the police have to give me?
The police who stop and search you must provide you with certain information including:
o Their name and the station where they work (unless the search is in relation to suspected terrorist activity or giving his or her name may place the officer in danger. They must then give a warrant card or identification number)
o The law under which you have been stopped
o Your rights
o Why you have been stopped and searched
o Why they chose you
o What they are looking for
During a stop and search what information will the police ask for?
The police have a legal requirement to include certain information from individuals who have been stopped and searched. This includes:
o Date and time of the stop and search
o Location of the stop and search
o Why they stopped you, the grounds
o What they were looking for
o Names of the officers conducting the search and others present
The police officer will ask for your name and address and date of birth. You do not have to give this information if you don’t want to, unless the police officer says they are reporting you for an offence.
Everyone who is stopped or stopped and searched will be asked to define his or her ethnic background. You can choose from a list of national census categories that the officer will show you.
You do not have to say what it is if you don’t want to, but the officer is required to record this on the form. The ethnicity question help community representatives make sure the police are using their powers fairly and properly.
Is this a police record?
The fact that you are stopped and held to account and/or searched does not mean that you are under arrest or have done anything wrong. The officer is required to complete a form. The completing and issuing of the search form (or a receipt for a stop) does not amount to you having a police record.
What paperwork do I get after a stop and a stop and search?
You should receive a written record of the search or a receipt of the stop at the time of the event. If you want to complain either about being stopped or searched or the way it was carried out, this record / receipt will help identify the circumstances.
Supervisors at the police station also keep a copy of the search record. They use it to monitor the use of stop and stop and search powers and check for any inappropriate use. The police service must also make arrangements for community representatives to look at their stop and search records.
Police may use the search record at a later date to contact you about anything that may have happened in that area around the time you were stopped.
You will normally be given a search record at the time of the event. However, because of operational demands (public order situations, large public events, or if an officer is called to an emergency) you may be told where to collect the record later. A record must be made available for up to 12 months.
What information does the record contain?
The search record must contain the following information:
o the officer details
o the date, time and place of the stop and search
o the reason for the stop and search
o the outcome of the stop and search
o your self-defined ethnicity
o the vehicle registration number (if relevant)
o what the officers were looking for and anything they found
o your name or a description if you refuse to give your name – you do not have to provide the officer with your name and address. |
My bold bits. I didn't know that.
OTOH, if you're required to produce driving documents, they're going to find your name and address anyway...  ____________________ "That's it. You people have stood in my way long enough. I'm going to clown college."
'98 Ducati 750SS, '08 Suzuki GSX650F ©2004-2014, Bazza's Harmless Banter |
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| Pickledswede |
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 Pickledswede Traffic Copper
Joined: 15 Jul 2008 Karma :  
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 Posted: 22:32 - 17 Apr 2009 Post subject: |
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If you are being arrested, the police need reasonable suspicion that you have commited, are commiting or will commit a crime- even when they do have reasonable suspicion, they must believe it is NECESSARY to arrest you, not giving your name or address, or giving one they reasonably assume is fake, is a reason for them to arrest you.
Reasonable suspicion 'cannot be supported on personal factors alone' i.e. fashion, age, sex, ethnic background etc.
So in an arrest you should give your name and address. Otherwise no, you don't have to (AFAIA)
Bit more info, in a stop and search, the officer must give their name, station, a reason for them stopping and searching you (reasonable suspicion that they will find / prohibited articles) and tell you what it is they expect to find! Otherwise it's an unlawful stop and search and you can report them
I know this isn't all relevant but it's all stuff I was interested to find out when I started Law at AS! |
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| bazza |
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 bazza World Chat Champion
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 bazza World Chat Champion
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 Hetzer Super Spammer

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 Pickledswede Traffic Copper
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 colin1 Captain Safety
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 yuri2085 World Chat Champion
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| The View Askew |
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 The View Askew World Chat Champion

Joined: 30 Nov 2005 Karma :    
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 Posted: 00:06 - 18 Apr 2009 Post subject: |
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The problem with police officers is that there is always more of them than there is of you.
Despite any mistreatment/harassment of an individual/entity and possible aggravation of that individual/entity, otherwise decent officers will swoop in with force normally used for real trouble under the illusion they are helping a good cause, which has been fabricated by a corrupt wanker at your end.
This lets them down.
I will always cooperate with an officer of law by logic, if I have a dispute, others will come, eventually, they WILL have their way, whether I like it or not, so to be polite and mask my personality totally is standard, be a drone model citizen until they go away.
The going away normally happens fast if you cooperate anyway, even the arseholes love a brown-noser.
Pun intended completely.
Despite my views I respect that when someone says to a police officer who has stopped them "Go find real criminals"
Randomly stopping cars IS a way of finding real criminals, and these people irritate me more than police officers.
Coppers are by and large good men, who want to do right, but are subdued into petty bureaucratic methods of doing that right, which leads to corruption of spirit, and being a jobsworth tosser, to be a copper, you HAVE to be a jobsworth, just like the army, there are some very questionable rules.
Have a beer everyone. ____________________ "Do what you always did, get what you always got" |
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| Hetzer |
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 Hetzer Super Spammer

Joined: 19 Feb 2007 Karma :     
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 Posted: 00:09 - 18 Apr 2009 Post subject: |
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Lawful and unlawful is just a matter of who's making the legislation. Hundreds of East-German Stasi were arrested, prosecuted and convicted by the West-German authorities, for enforcing their government's laws. "I was just obeying orders." Hmm, wonder where that's been heard before.
So the UK gets a totally new government, of and for the people, and all the pigs involved in 'kettling' are arrested, prosecuted and convicted of false imprisonment. All the stop-and-searchers, arrested for assault, false-imprisonment and threatning behaviour. Oh, how long is the list of crimes against the people. But all 'lawful' right now...just like the Stasi's.
Just because some scumbag says it's the 'law' doesn't make it lawful. And just because you've commited an 'offence' by resisting doesn't mean you've commited a crime.
This country is run by criminals, and policed by criminals, just like hitler's nazi Germany was. Fact. ____________________ "There's the horizon! Ride hard, ride fast and cut down all who stand in your way!" |
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| Flip |
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 Flip Super Spammer

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 Posted: 00:19 - 18 Apr 2009 Post subject: |
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(Nothing worse than typing a huge post only for a power cut to delete it all )
I think tey don't make a fuss about rights because chav teenagers/kids know more than enough of their rights.
Gone are the days where a clip around the ear fixed things.  |
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 Hetzer Super Spammer

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| Ariel Badger |
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 Ariel Badger Super Spammer

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 Hetzer Super Spammer

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 yuri2085 World Chat Champion
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| Hetzer |
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 Hetzer Super Spammer

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 Posted: 01:44 - 18 Apr 2009 Post subject: |
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The laws of this country are no longer intended to maintain justice for all, and never have been, they are intended to enforce subservience. And by that virtue alone they are criminal, in that they constitute crimes against the people, both collectively and as individuals.
Brave people defy them and take the consequences (imprisonment), knowing that so long as the people who created those laws remain in power the imprisoned will be regarded and treated as criminals.
The only laws that are lawful, in that they have legitimate moral authority, are those which deal with individuals who have materially harmed other individuals. There are, of course, exceptional exceptions which have to be made, by virtue of our nature having exceeded nature through un-natural technological development (for want of a better term).
Governments are, by definition, criminal entities that exist for the advantage of themselves and their own class at the expense of those they are supposed to serve (the people). And anyone who willingly does their bidding, where that bidding is concerned with the un-lawful oppression of the peoples' rights, is a criminal too.
The world is governed the way it is, and as it has been for millenia, because it massively advantages the few. And that, of necessity, is at the expense of the many. And there is absolutely NOTHING that the few won't do to maintain the status-quo. They will, if it comes to it, murder you, and murder your children, in order to keep their power and their wealth and their privilage and their exclusivity. That is a cold hard fact, borne out by history and by what we see happening now and by what is clearly planned for the future.
Human civilisation is based upon slavery. Always has been, is, and will always be. Unless someone, or something, breaks the cycle. ____________________ "There's the horizon! Ride hard, ride fast and cut down all who stand in your way!" |
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| colin1 |
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 colin1 Captain Safety
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 Posted: 02:03 - 18 Apr 2009 Post subject: |
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I agree with hetzer on his analysis, but I dont think its necessarily a bad thing.
Its the best system we have.
The obedient slaves, are rewarded, and are given meaning to our lives by working for our masters to get status symbols.
Because we are valuable to our masters, they don't crush us under their boot, the way supposedly people friendly systems like communism do.
When you try to overthrow capitalism and replace it with something better, you get something worse.
Its not capitalism that is the problem, its just having a few checks and balances.
Unfortunately things aren't quite right, but they could be a lot worse.
In our system, anyone can become a slave owner. One day, I may own a house to let out, and maybe get another.
I may even be able to gain an income enough to live on from my slave tenants, rather than working as a slave myself.
But I will risk my capital in doing so because it could all go wrong. Its only fair that the owner of capital gets reward for risking it. ____________________ colin1 is officially faster than god |
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| Fnatic |
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 Fnatic World Chat Champion

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 Posted: 05:39 - 18 Apr 2009 Post subject: |
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I've been stopped many times to take my details. Usually if you refuse they tell you I have to under the terrorism act as I'm in a terrorist target area whilst on an industrial estate.
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| Kwaks |
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 Kwaks I'm not a fast rider

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 Posted: 06:57 - 18 Apr 2009 Post subject: |
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| Ariel Badger |
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 Ariel Badger Super Spammer

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Old Thread Alert!
The last post was made 17 years, 147 days ago. Instead of replying here, would creating a new thread be more useful? |
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