Legislation under which a member of the public is required to give details

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Freedom of information request reference no: 01.FOI.22.025905

I note you seek access to the following information:

The legislation under which a member of the public is required to give details to a police officer when no crime or offence has been committed The Police Power under which a Police Officer can demand a reason for the member of the public being in a public place.

The exemption from the use and application of guidance when enforcing section 43 of the Terrorism Act 2000.

Any guidance which would suggest that maintaining any/all rights, human or otherwise, would become grounds for a search under Section 43 of the Terrorism Act 2000.

Your current policies on dealing with members of the public carrying out lawful activities in the vicinity of an MPS police station.

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I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - The legislation under which a member of the public is required to give details to a police officer when no crime or offence has been committed

Certain legislative acts, such as, the Road Traffic Act 1988 https://www.legislation.gov.uk/ukpga/1988/52/contents and the Police Reform Act https://www.legislation.gov.uk/ukpga/2002/30/contents contain powers where police officers may require details if certain conditions exist, when no crime or offence has been committed.

Some police-initiated encounters are not dependent on a legal power, i.e. conversational encounters or stop and account. This means, however, that there is no corresponding power to detain a person to talk to them or ask them to account for themselves. They cannot be arrested for not stopping to talk to the officer or answer their questions. The MPS ceased recording Stop and Accounts on 13/11/2018. Further information around Stop and Accounts can be found within the College of Policing Authorised Professional Practice (APP) for Stop and Search
College of Policing - Stop & Search and within PACE Code A
CODE A Revised Code of Practice for the exercise by: Police Offcers of Statutory Powers of stop and search Police Offcers and Police Staff of requirements to record public encounters

Under stop and search powers, there is no requirement to record the name, address and date of birth of the person searched or the person in charge of a vehicle which is searched. The person is under no obligation to provide this information and they should not be asked to provide it solely for the purpose of completing the search record.

Q2 - The Police Power under which a Police Officer can demand a reason for the member of the public being in a public place.

Q3 - The exemption from the use and application of guidance when enforcing section 43 of the Terrorism Act 2000.

Under S43 of Terrorism Act 2000 a constable has the power to stop and search a person who they reasonably suspect to be a terrorist, to discover whether they have in their possession anything which may constitute evidence that they are a terrorist. A Home Office Code of Practice relates to the use of this power that sets out to strike the right balance between the powers of the police and the rights and freedoms of the public.

We encourage officers and the public to be vigilant against terrorism but recognise the importance not only of protecting the public from terrorism but also promoting the freedom of the public and the media to take and publish photographs. In addition to the code of practice, the following advice is available to all officers and provides a summary of the guidance around photography in public places:
MPS Photography Advice

Q4 - Any guidance which would suggest that maintaining any/all rights, human or otherwise, would become grounds for a search under section 43 of the Terrorism Act 2000.

‘Reasonable grounds for suspicion’ is the legal test which a police officer must satisfy before they can stop and detain individuals or vehicles, to search them under statutory search powers. The following test must be applied to the particular circumstances in each case:
• An officer must have formed a genuine suspicion in their own mind that they will find the object for which the search power being exercised allows them to search;
and
• The suspicion that the object will be found must be reasonable. This means there must be an objective basis for that suspicion based on facts, information and / or intelligence which are relevant to the likelihood that the object in question will be found so that a reasonable person would be entitled to reach the same conclusion based on the same facts and information and /or intelligence.

We encourage officers and the public to be vigilant against terrorism but recognise the importance not only of protecting the public from terrorism but also promoting the freedom of the public and the media to take and publish photographs. The following advice is available to all officers and provides a summary of the guidance around photography in public places:
MPS Photography Advice

Q5 - Your current policies on dealing with members of the public carrying out lawful activities in the vicinity of an MPS police station.

Due to the current threat state all MPS officers and staff are aware of the need to be vigilant around police facilities and engage with member of the public paying attention to these facilities to ensure they do not present a risk to the building, those working within it or any other asset. However guidance has been provided identifying that filming in and around police stations can be for a number of lawful reasons which can be identified through engagement with the individual. The reason for asking people about such activities from a security point of view will also be explained to ensure they understand the need for it.
MPS Photography Advice

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Legislation under which a member of the public is required to give details

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