What police questions am reasonably obliged to answer (UK)?

Question

I was innocently sitting in my van this night when two police pulled up in their patrol car and asked me where I was from, who else was in the van, had I been drinking. Then they ran a check on my vehicle, came over to ask me again if had been drinking so he could smell my breath, asked me my date of birth, where I was born... I just started to think what the hell is this all about, all I'm doing is sitting in my van. I told them I was just a bit tired, (it had been a long day and I was waiting a few minutes before starting the engine again to see if was ok). I know there's been some incidents in that street but I was completely innocent. So in a case like this when can I say that's one question too many?

Yea he also asked me had I ever been arrested by the police ...no..but what's that got to do with anything?

Answer 1

They are doing their job. They are under pressure and all their fears and concepts are show through questions.
Easier to answer, once you really would not like to appear a possible suspect. There are boundaries, but boundaries are respected in normal situations. We are living in grey war and wise is different than Right/Wrong.

Answer 2

It may be inconvenient for you to answer all their questions but they are only looking out for the safety of the general public. If they see someone sitting in a van they are probably worried that the person is scoping out a property to break into or up to some form of crime. Fair enough it is only an assumption on their part but they aren't harassing people for no reason as I'm sure they would much rather stay in their cars and chat then ask a lot of questions to a total stranger. Personally I would answer whatever questions they asked and do what needed to be done. If you do start causing them grief and they arrest you for no reason you are wasting their time and stopping them from doing their job which is protecting the public. If your child was abducted by a man sitting in a white van who had been loitering and the police had just driven past wouldn't you be a little upset? They asked if you had a criminal record because they probably wanted to get things sorted out quickly. If you are loitering and have been arrested before then it is pretty suspicious. If you have never done anything then the police probably won't be so concerned. Sorry if it seems like I'm getting at you but I have respect for the police and feel sorry for them as they can never seem to do the right thing in the publics eyes.

Answer 3

Is it any wonder there is this antipathy towards the police when I read the answers you've just received (in the main)? Why can't you answer their questions? I'm guessing that they weren't difficult to reply to. Date of birth? Where you were born? Oh dear, such infringement of your human rights. You say you are innocent, they don't know unless and until you convince them. A bit not like not indicating in your van (not a white one, is it?) when you decide to turn right or left simply because you know where you are going. Come on. Not you, of course but just suppose under different circumstances such a driver and a van were waiting to do something really nasty. You'd be the first to complain the police had missed an obvious suspect.

Answer 4

In the Uk the police under Pace ( their code of conduct ) have the right to ask your name address and age, also the reason why you are sitting in the van: Especially if something had been going on.

However, they have no right to ask you to incriminate yourself in any way because of the questions that they ask, if one did answer one question too many and this was cause for concern later, they could not use this answer that you made, because it was an answer given before you were cautioned or under arrest. In short anything you say before a caution is not admissible in court ( well at least a good barrister would ensure it was inadmissible).

My advice would be to keep them sweet they have so many extra powers granted to them through good old Tony, not to answer would end up with a trip to the police station for no real reason, ironic isn't it?

Answer 5

I'd go for the basic information only, I'm not certain what the limit is but I'd only answer my name, address and DoB, were I in my vehicle I'd know the vehicle reg number, from that the police can confirm all the previous answers.
They can, I believe, do a spot check on roadworthyness, tax etc, as for insurance and MOT they are now in a database that the police can check so you don't need to offer the information.

Personally I wouldn't volunteer information, but remember you can ask them things as well, if asked, they are obliged to tell you the reason they have decided to check up on you. Whilst I wouldn't be actively obstructive I always view the police as any other public servant - they work for me. A quick check is fine interrogation isn't.

Don't feel guilty because the police are asking you questions but don't make a big deal out of it either.

Answer 6

My word there is some very un-informed people here who think they know it all.
Common sense,COMMON SENSE and that's what it's all about.
The Police can speak to who ever they like, and these police officers to me were doing their duty, full stop....................
If you are silly enough to be awkward and clever which some people are, then the police officers might start asking more questions, and your refusal to answer basic questions may lead them to believe you possibly may be up to no good. The result is then your fault for being so stupid in the first place.
I've been spoken to before and asked what was in my holdall when I was on my way home from work one evening. in fact I was running home from my local railway station., I stopped and explained to the officer what I was doing, I let him see the inside my bag. A minute later I was on my way home again.
Wow no big deal and I was innocent to. You really need to get a grip mate and stop thinking your so hard done by because you're not.

Answer 7

I have not read one sensible answer on this page.The police can speak to whom they wish and any honest person would think it reasonable to approach a person would had been stationary at night and ask what they were up to.If you had trouble starting your vehicle has it sounds you had then it could have been that you were drink/drugs impaired.Contrary to what has been said here the police do have a legal power to request driving documents.Normally you are given time to produce these but that is not a right in law.If you are asked for your driving licence and havent got it with you then you must provide your name and address and date of birth or you could be arrested under the Road Traffic Act.If you have nothing to hide you should be pleased the police are doing their job.If someone had stolen your van and you later leant the police saw them in it and didnt bother to speak to them then you would have cause to complain.

Answer 8

Firstly, there is no longer a right to silence in the UK, as it will 'harm your defense if you do not mention something you later rely on in court.' Secondly they havent stopped you if you were already stationary, so forget about that line of resistance.

You should always give the Police your name, address and D.o.b, otherwise you enable a power of arrest that they dont automatically have. If you are in a vehicle the be prepared to answer any questions they have about that.

Put their minds at rest about what you are doing / will be doing and thereafter feel free to ask them why they are questioning you. If they refuse to tell you then by all means end your cooperation until you have legal representation.

Answer 9

The police also knew you were innocent, because you answered their questions and you weren't arrested. They could not have found out you were doing nothing wrong without speaking to you. I would imagine you'd be one of the first to complain if some chap who was sitting in a van late at night in your road stole from your house. Police don't have a crystal ball, they can only tell you're not a burglar by speaking to you.

Answer 10

Right ...

Firstly, there is no obligation to answer questions of the police. Obviously, it could be argued that there is no reason not to answer the questions if you have done nothing wrong.

There are very few specific occasions when the police have power to stop a motor vehicle (mostly related to terrorism and public order offences) but it is an offence to fail to stop for a police officer in uniform.

The police only have to "suspect" that a person is drink / driving - an anonymous tip off is sufficient, as is the merest whiff of alcohol on your breath. Once a breat test is requested, it can only be refused with a "reasonable excuse". The only "reasonable excuse" ever upheld by courts is that you are medically or physically unable to provide a specimen.

The police have no specific power to request your driving documents, but it is an offence to fail to produce them when requested. The actual offence is made out when the request is made and the documents not produced. However, it is a defence if you produce them to a police station, nominated by yourself, within seven days.

There is nothing wrong with the police checking the exterior of your motor vehicle, but can only request an interior search if they have reason to suspect you have stolen or other prohibited items in the car.

Answer 11

I've never been arrested or even cautioned but I would think that if you've done nothing wrong, answering all their questions truthfully will put the police's backs up less than if you're 'difficult'.

However, from what I understand, you have the right to remain silent incase you incriminate yourself. By law, you don't have to answer any of their questions without a lawyer/solicitor being present to advise you, even then, he may advise you not to answer any questions.