Soldato
This whole business about not *having* to give your name is all well and good but it can give an officer greater grounds to arrest a person - see PACE code G:
Power of arrest comes under PACE S24, to summarise:
If the officer believes that the person is involved in the commission of a criminal offence (such as this case, where they believed that person they were dealing with was a suspect), then not being able to reliably ascertain the name of the person is providing further reasonable grounds to believe that arrest is necessary.
The whole 'tell me your name or you'll be arrested' is a blunt way of explaining it, but if an officer suspects you are involved in an offence and you refuse to give your name, then your providing further grounds that would lead an officer to consider an arrest as necessary.
Actually giving your name, if you are innocent, can help exonerate you.
Refusing to give your name in a street encounter with police purely 'because you don't have to' can sometimes lead to an innocent person being arrested in order that their identity can be reliably ascertained. An arrest of an innocent person in such circumstances is unlikely to be considered unlawful, so long as the officer had reasonable grounds for believing that the person was involved in the commission of an offence. The necessity test that must also be met for an arrest to be lawful (as per PACE code G) is evidently satisfied when a persons name cannot be reliably ascertained.
When it is practicable to tell a person why their arrest is necessary, the constable should outline
the facts, information and other circumstances which provide the grounds
for believing that their arrest is necessary and which the officer considers
satisfy one or more of the statutory criteria in sub-paragraphs (a) to (f),
namely:
a) An officer might decide that a person’s name cannot be readily ascertained if they fail or refuse to give it when asked, particularly after being warned that failure or refusal is likely to make their arrest necessary . Grounds to doubt a name given may arise if the person appears reluctant or hesitant when asked to give their name or to verify the name they have given.
Power of arrest comes under PACE S24, to summarise:
A lawful arrest requires two elements:
A person’s involvement or suspected involvement or attempted involvement
in the commission of a criminal offence;
AND
Reasonable grounds for believing that the person’s arrest is necessary
If the officer believes that the person is involved in the commission of a criminal offence (such as this case, where they believed that person they were dealing with was a suspect), then not being able to reliably ascertain the name of the person is providing further reasonable grounds to believe that arrest is necessary.
The whole 'tell me your name or you'll be arrested' is a blunt way of explaining it, but if an officer suspects you are involved in an offence and you refuse to give your name, then your providing further grounds that would lead an officer to consider an arrest as necessary.
Actually giving your name, if you are innocent, can help exonerate you.
Refusing to give your name in a street encounter with police purely 'because you don't have to' can sometimes lead to an innocent person being arrested in order that their identity can be reliably ascertained. An arrest of an innocent person in such circumstances is unlikely to be considered unlawful, so long as the officer had reasonable grounds for believing that the person was involved in the commission of an offence. The necessity test that must also be met for an arrest to be lawful (as per PACE code G) is evidently satisfied when a persons name cannot be reliably ascertained.
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