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224 posts

Master Geek
Inactive user

#29193 28-Dec-2008 15:34
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did you read the story that says you can't give fake details to police anymore because they can fingerprint you?:

i think people could still give fake details because say you were speeding in your car and the officer stopped you and he asked for your name so he can write a speeding ticket, you could still give a false name because the police are not going to take every single person who speeds into the police station to get fingerprinted.

here is an idea for the police. if someone is driving without a licence on them then they are breaking the law. the police should take the person home so the person can prove who they are by looking at their id at home. if they have no id at home then they should be detained until they can provide some id.

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635 posts

Ultimate Geek
Inactive user

#186373 28-Dec-2008 15:42
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I read that story too. A couple of points:

1. In the story they mentioned Driving While Disqualified - this is arrestable and hence you can be arrest (fingerprints taken) or summonsed. Obviously the guy in the story was summonsed - perhaps the cop was in a hurry?

2. Some cops you will find will follow you home if they are in any doubt about your identity, but sometimes this is not practical.

My 0.02c worth.


3596 posts

Uber Geek

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  #186379 28-Dec-2008 16:19
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Totally impractical to think a cop will follow you home to get ID details, especially now they can simply get a thumb or fingerprint off you at any place at any time (Edit: if they have good cause to suspect you've committed an offence).  The Policing Act 2008 is now in force and section 32(5) states:

In this section and section 33,—

identifying particulars means, in relation to a person, any or all of the following:

  (a) the person's biographical details (for example, the person's name, address, and date of birth):

  (b) the person's photograph or visual image:

  (c) impressions of the person's fingerprints, palm-prints, or footprints

place includes any land, building, premises, or vehicle.

Section 33 states:
Identifying particulars for summons
(1) The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.

(2) For the purpose of this section, a constable who has good cause to suspect a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of summons, may detain that person at any place—
  (a) in order to take the person's identifying particulars; and

  (b) only for the period necessary to take the person's identifying particulars.

(3) A constable—

  (a) must take the person's identifying particulars in a manner that is reasonable in the circumstances; and

  (b) may only use reasonable force that may be necessary to secure the person's identifying particulars.

(4) A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—

  (a) commits an offence; and

  (b) is liable to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.


In short, it'll help ensure that people who should be receiving fines or going to court for their misdemeanours will be the right people.  That's a good thing - I certainly wouldn't want anyone else giving my details and then have to go through the lengthy and expensive process of proving "it wasn't me"...

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