erolz66 wrote:How many hours did it take you to find something that you are still unable to understand
The following is from a LAW FIRM and reference a JUDGE making a RULING in COURT OF LAW - cf with you finding something you can not understand and claiming it shows that police can ask anyone for ID without any restriction and refusal is an offence. Forgive me if I think a judge understands the law better than you do. This took me about a minute to find.
https://www.stacklaw.com.au/news/crimin ... on-in-nsw/The case hinged on two key questions – first, were the police entitled to demand photo ID? And secondly, did the police honestly suspect, on reasonable grounds, that the man could assist them to investigate the possible theft of his concession card?
The judge ruled that the answer to both of these questions was “no”, determining that while the police might have had an “honest suspicion” that the concession card could have been stolen, this “was based on flimsy material or formed in a process of reasoning which relied on tenuous connections”, rather than reasonable grounds.
Police powers to demand identification
In NSW, the main source of police powers is the Law Enforcement (Powers and Responsibilities) Act 2002. Under section 11 and section 14 of the act, police can require you to produce ID if they honestly suspect, on reasonable grounds, a certain connection with an indictable offence.
For instance, under section 11, there must be reasonable grounds to suspect that the person from whom ID is sought may be able to assist in the investigation of an indictable offence which is alleged to have occurred nearby.
Section 12 makes it an offence to fail or refuse to provide ID when sought, under section 11. The offence carries a maximum penalty of $220.
Here is the actual NSW law from the NSW government website.
https://www.legislation.nsw.gov.au/#/vi ... /103/part3Part 3 Powers to require identity to be disclosed
Division 1 General powers to require identity to be disclosed
11 Identity may be required to be disclosed(cf Crimes Act 1900, s 563)
(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.
(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
Note. Safeguards relating to the exercise of power under this section are set out in Part 15.
Did you not say something not so long ago about posters having to resort to insults ?
they are allowed to stop and identify you for any reason.
Even just to stop you in order to check your registration or defect your car. A faulty brake light and they will ask for your licence. they can stiop you and ask for your licence anytime they want to when you are driving in your car, even for a RBT or do a licence check.
I have never known them to ask for ID and have personally never been asked to identify myself without any reason.
These days, they will stop ANYONE and at ANYTIME without ANY suspicion of anything and without any reason to do so and if you refuse, you could be up for a max fine of $50,000 or be placed under arrest. yes there are laws for that now under The State of Emergency which is still active.
Yes, they have arrested people for no other reason other than being out in public with no good reason. And, they can make it up as they go along. What you can do, is pretty much phuck all, because they will back each other up and the Ombudsman isn't going to take your side. And no one is going to feel sorry for you.
They can stop and identify you merely for being drunk, and in public, causing any disturbance, any traffic violation and if you complain, they will just pull any reason they want to to justify their action and there is little anyone can do about it. They can stop and identify people for drinking in public. They can stop and identify young adults for being drunk or attending nightclubs or for simply suspecting you to carry illegal substances or being under age.
I have never been stopped and asked for ID except for being pulled over by a patrol. They don't need to suspect you of ANYTHING. They can just say you straddled a lane or that in their opinion you were driving erratically, or that you matched the bozo that shop lifted a chocalte bar from a small store a moment ago because you were wearing the same jeans then ask for ID which you must provide or they will actually arrest you. You are not allowed to not pass on your driver's licence or registration papers.
If they do it in public, all they need to say is you matched a suspect profile and wanted to verify your identity. And they have the right to do it.
Not a smart idea refusing to identify yourself if they approach you nicely and ask politely. I have never seen any situation where police have been heavy handed in Australia. generally, they mind their own business, and want an easy day at work. they don't want to hassle you and they don't like the paperwork. A day where they don't have to do anything is a good day for them.
And in your dealings with the police, it really does pay to be as polite as possible and try to have a nice smile or be on the happy go lucky side of your emotions. If they find you to be generally pleasant, it can even save you a fine if they stopped you for a minor transgression. If you stink and smell, blow smoke in their face, or just generally behave in a disgusting behaviour, then you are probably asking for trouble and deserve what you get. I did it once, and got away with it only because they put themselves in a compromising position and also had a witness. If there was no passenger in the car, I would have probably been arrested. They would have looked like real dickheads if they arrested me after shoving cameras and lights in my face. If they arrested me and that went to court, they would have looked like complete clowns. No way any Judge would take their side. I would have been let off, and they would have been reprimanded and they knew it too which is why I got away with being obnoxious to them. I wouldn't do it for the hell of it though.