Section 44
Nov 30 2007 10:31
Does anybody know what information you are legally required to give to the police under section 44?
Name, address, DOB are mandatory, but what about personal details like height, where you work, favourite colour, etc etc.
Nov 30 2007 11:00
#2
Quote:
Name, address, DOB are mandatory
No they aren't.
The answer is none. No information. Not a bit. Nothing, nada, rien.
While there are other laws which provide the police limited abilities to ask for name & address, the best advice is to refuse to give it to anyone other than a custody sergeant.
(e2a: Different in Scotland.)
Nov 30 2007 11:08
#3
Winjer-so if an officer in uniform stops you under section 44 of the terrorism act you are not required to answer any questions? Unless youre in scotland?
Can someone else back this up?
So the purpose of section 44 is only to enable the police to search your person?
Nov 30 2007 11:28
#4
Quote:
YOUR RIGHTS UNDER SECTION 44:• The police can only give you a pat down, remove outer clothes (eg jacket, hat), search your bags and have you empty your pockets
• You do not have to give your name and address
• You do not have to explain why you are there
• You are not allowed to flee the search, but you are not required to be actively compliant. You are allowed to 'go limp' as passive resistance during the search if you wish not to comply
• There is no permission to collect DNA data during the search
• You do not have to comply with any attempt to photograph or record you
• Women cannot be touched by male police during these searches
• Make notes about the officers searching you - name, number and police force
• Note the time and the events preceding the search
• Note the specific wording used by the police to explain their authority to search you
• Ask the police for the reason that they are searching you. Specifically, are they searching for terrorists or are they simply trying to deter, delay or inconvenience you?
From Liberty website.
Nov 30 2007 11:33
#5
The will search you wallet though so empty it of everything except cash and your train/bus/tube ticket.
Nov 30 2007 11:48
#6
Cheers nastyned.
Ok, does anyone know if the laws are different for the transport police? Owing to the fact that they cover routes that may go to scotland, do they have the right to gather personal information in the same way police in scotland do?
Nov 30 2007 12:21
#7
Vaneigemappreciationclub wrote:
Winjer-so if an officer in uniform stops you under section 44 of the terrorism act you are not required to answer any questions? Unless youre in scotland?
Yes. The power used in Scotland to demand personal details is usually s13 of the Criminal Procedure (Scotland) Act 1995.
Nov 30 2007 12:24
#8
Vaneigemappreciationclub wrote:
Ok, does anyone know if the laws are different for the transport police? Owing to the fact that they cover routes that may go to scotland, do they have the right to gather personal information in the same way police in scotland do?
Only while actually in Scotland.
Nov 30 2007 12:26
#9
cheers thats very helpful, i think this sort of information should be known by all anarchists.
not sure. i'd happily tell them my favourite colour though.