police powers/section 50 police reform act 2002

[miliitant]

as regular posters will know i am a champion of human rights and civil liberties

doing my studies tonight i came across this

section 50 police reform act 2002

S50 gives the police the power to ask for your name and address if they reasonablly believe you to be engaged in "anti-social behaviour", Anti Social behaviour is defined as behaviour likely to cause harrassment, alarm or distress, the same as under the offence of section 5 public order act.

i thought the provisions for giving personal details to a police officer was contained under PACE 1984

the police reform act was conceived by the introduction of PCSO

SO UNDER THE REFORM ACT, ALL A COPPER HAS TO SAY WAS YOUR BEHAVIOUR WAS CAUSING ALARM, EVEN THOUGH NO COMPLAINT HAS BEEN MADE, AND DEMAND YOUR DETAILS

so my question will be

has PACE 1984 been ammended to superseed the 2002 reform act, or does the 2002 act still hold the field

[Hurricane Puffrose]

Re: police powers/section 50 police reform act 2002

Miliitant,

please PM me a link to this thread and when BB is well again, I will PM him and have him look.

if you need the info urgently I will pm him sooner

P

[miliitant]

Re: police powers/section 50 police reform act 2002

I will pm you the link

its only my studies, nothing more, so no hurry

[Hurricane Puffrose]

Re: police powers/section 50 police reform act 2002

k ty miliitant,

I will ask him as soon as he says he has the all clear!


P

[labman]

Re: police powers/section 50 police reform act 2002

I'm not studying law, just a mere amateur. However, I remember the Scarman report after the Brixton riots, which led to the Police and Criminal Evidence Act in 1984. I thought this was more to do with stop and search issues, and the rights of people stopped to be given a written statement why -ie- there had to be a clear reason recorded in the polieman's notebook. It also did much for community liaison.

The 2002 Police Reform Act were targeted at antisocial behaviour, as an addition to the 1998 Crime and Disorder Act which introduced ASBO's. In turn, further measures were added in 2003 with the Antisocial Behaviour Act, and 2005 with the Serious Organised Crime and Police Act.

I don't know if any of this amateur's take helps give you an answer.

[wales01man]

Re: police powers/section 50 police reform act 2002

What would be anyones objection to giving their name to a copper i have no problem whats the problem for others most people use credit/debit cards in store/online /over the phone and to a complete stranger they give far mor info than their name and address

[enquirer]

Re: police powers/section 50 police reform act 2002

What would be anyones objection to giving their name to a copper i have no problem whats the problem

If you are innocent of any crime, then why do they want it?

[wales01man]

Re: police powers/section 50 police reform act 2002

Do coppers have powers we dont have?
the power to tell if someone is innocent or guilty if you want to live in a safe society the police must be able to do their job i still fail to see the problem with giving your name would you refuse to give your name when using a bank card

[enquirer]

Re: police powers/section 50 police reform act 2002

if you want to live in a safe society ...

This is the rationale employed by all those who seek to frighten the public into giving up their civil liberties.

... the police must be able to do their job i still fail to see the problem with giving your name

If someone is guilty of a crime (or there is reasonable cause to suppose that they might be), then arrest them. Otherwise, there is no legitimate use for that information.

would you refuse to give your name when using a bank card

No, but then there is a perfectly legitimate reason to give it. On the other hand, if someone were to ask you for your bank card details 'on the off chance', would you give it them? That's the difference.

[Hurricane Puffrose]

Re: police powers/section 50 police reform act 2002

im a bit fik about thing like this,but I was told by a member of Yorkshire Police that a PCSO wasn't allowed to ask your details unless he had a ull policeman with him, or you had called the police and they had been sent.

[labman]

Re: police powers/section 50 police reform act 2002

The police have to have a reason to ask for details. I think all Militant wanted was clarification on a point of law for his degree.

[miliitant]

Re: police powers/section 50 police reform act 2002

thanks labman, you are correct

but thanks for the posts people anyway

[Nikolai]

Re: police powers/section 50 police reform act 2002

S.50 seems to give them all the reason they need to demand your name and address. You've probably seen these links but here they are anyway:
http://www.legislation.gov.uk/ukpga/2002/30/section/50
http://www.legislation.gov.uk/ukpga/1998/37/section/1
http://www.freedompress.org.uk/news/...e-and-address/

With regard to giving your name and address to police generally, this is a very controversial area of the law, and raises strongly-held views on both sides.