❓ WA Parliamentary Question regarding guidelines, charges, and custody related to refusing to provide name and address to police. The answer clarifies the legal framework and provides statistics for 2010.
AnsweredQoN 4814Legislative Assembly
QuestionView source ↗
(1) What are the specific guidelines that are given to police in relation to the laying of charges and/or arrest for refusal of persons to provide officers with name and address?
(2) In the last calendar year, how many persons were solely charged with that offence?
(3) In the last calendar year, how many persons were placed in police custody for the offence of refusal to give name and address?
(4) In the last calendar year, how many persons were placed in police custody at the East Perth lock up for the offence of refusal to give name and address when no other charges had been laid?
(2) In the last calendar year, how many persons were solely charged with that offence?
(3) In the last calendar year, how many persons were placed in police custody for the offence of refusal to give name and address?
(4) In the last calendar year, how many persons were placed in police custody at the East Perth lock up for the offence of refusal to give name and address when no other charges had been laid?
AnswerView source ↗
Answered
12 April 2011
Responded by
Minister for Police
Response time
28 days
(1). The authority for police officers to request a person's personal details is contained in Section 16 of the
Criminal Investigation (Identifying People) Act 2002
(the Act) subsections (2) and (3), which state:
(2) If an officer reasonably suspects that a person whose personal
details are unknown to the officer --
(a) has committed or is committing or is about to commit an
offence; or
(b) may be able to assist in the investigation of an offence or
a suspected offence,
the officer may request the person to give the officer any or all
of the person's personal details.
(3) If an officer reasonably suspects that a personal detail given by a person in response to a request is false, the officer may request the person to produce evidence of the correctness of the detail.
The offence of Refusing to Provide Personal Details is committed when there is a breach of sub-section (6), which states:
A person who, without reasonable excuse, does not comply with a request made under subsection (2) or (3) commits an offence. Penalty: Imprisonment for 12 months.
The following is the instruction provided to recruits and serving officers that attend Academy training courses with a legal component:
There is no power of arrest in the Criminal Investigation (Identifying People) Act 2002 for failing to supply details.
Each element of the section is explained with particular emphasis on the need to form a reasonable suspicion before being authorised to ask for a person's personal details, as stated in sub-section (2) and (3) of the Act.
In other words police in training are instructed that there is no power to demand a name, and therefore no power to arrest for a failure to provide the name unless that reasonable suspicion is in existence.
Examples of what might constitute "
without reasonable excuse
" under the provisions of section 16(6) of the Act is discussed to provide guidance on when a person may not be committing an offence under this section.
Section 128(3) (a) & (b) of the Criminal Investigation Act (CIA) provides the powers of arrest for offences that fall outside the scope of "serious offences" as determined by Section 128(1) of the CIA, this includes Section 16(6) of the Act.
(2) In 2010, 588 persons were solely charged with an offence under Section 16 of the
Criminal Investigation (Identifying People) Act 2002.
(3) In 2010, 1092 persons were placed in police custody as a result of incidents that included an offence under Section 16 of the
Criminal Investigation (Identifying People Act 2002.
(4) In 2010, 58 persons were placed in police custody at the East Perth lock up for an offence under Section 16 of the
Criminal Investigation (Identifying People) Act 2002
when no other charges had been laid.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Criminal Investigation (Identifying People) Act 2002
(the Act) subsections (2) and (3), which state:
(2) If an officer reasonably suspects that a person whose personal
details are unknown to the officer --
(a) has committed or is committing or is about to commit an
offence; or
(b) may be able to assist in the investigation of an offence or
a suspected offence,
the officer may request the person to give the officer any or all
of the person's personal details.
(3) If an officer reasonably suspects that a personal detail given by a person in response to a request is false, the officer may request the person to produce evidence of the correctness of the detail.
The offence of Refusing to Provide Personal Details is committed when there is a breach of sub-section (6), which states:
A person who, without reasonable excuse, does not comply with a request made under subsection (2) or (3) commits an offence. Penalty: Imprisonment for 12 months.
The following is the instruction provided to recruits and serving officers that attend Academy training courses with a legal component:
There is no power of arrest in the Criminal Investigation (Identifying People) Act 2002 for failing to supply details.
Each element of the section is explained with particular emphasis on the need to form a reasonable suspicion before being authorised to ask for a person's personal details, as stated in sub-section (2) and (3) of the Act.
In other words police in training are instructed that there is no power to demand a name, and therefore no power to arrest for a failure to provide the name unless that reasonable suspicion is in existence.
Examples of what might constitute "
without reasonable excuse
" under the provisions of section 16(6) of the Act is discussed to provide guidance on when a person may not be committing an offence under this section.
Section 128(3) (a) & (b) of the Criminal Investigation Act (CIA) provides the powers of arrest for offences that fall outside the scope of "serious offences" as determined by Section 128(1) of the CIA, this includes Section 16(6) of the Act.
(2) In 2010, 588 persons were solely charged with an offence under Section 16 of the
Criminal Investigation (Identifying People) Act 2002.
(3) In 2010, 1092 persons were placed in police custody as a result of incidents that included an offence under Section 16 of the
Criminal Investigation (Identifying People Act 2002.
(4) In 2010, 58 persons were placed in police custody at the East Perth lock up for an offence under Section 16 of the
Criminal Investigation (Identifying People) Act 2002
when no other charges had been laid.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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