Thursday, December 13, 2012

CRIMES ACT 1958 - SECT 456 AA - REQUIREMENT TO GIVE NAME AND ADDRESS

456AA. Requirement to give name and address

(1) A member of the police force may request a person to state his or her name
and address if the member believes on reasonable grounds that the person-

   (a)  has committed or is about to commit an offence, whether indictable or
        summary; or

   (b)  may be able to assist in the investigation of an indictable offence
        which has been committed or is suspected of having been committed.

(2) A member of the police force who makes a request under subsection (1) must
inform the person of the grounds for his or her belief in sufficient detail to
allow the person to understand the nature of the offence or suspected offence.

(3) A person who, in response to a request made by a member of the police
force in accordance with this section-

   (a)  refuses or fails to comply with the request; or

   (b)  states a name that is false in a material particular; or

   (c)  states an address other than the full and correct address of his or
        her ordinary place of residence or business-

is guilty of a summary offence punishable on conviction by a level 11 fine (5
penalty units maximum).

(4) A person who is requested by a member under subsection (1) to state his or
her name and address may request the member to state, orally or in writing,
his or her name, rank and place of duty.

(5) A member of the police force who, in response to a request under
subsection (4)-

   (a)  refuses or fails to comply with the request; or

   (b)  states a name or rank that is false in a material particular; or

   (c)  states as his or her place of duty an address other than the name of
        the police station which is the member's ordinary place of duty; or

   (d)  refuses to comply with the request in writing if requested to do so-

is guilty of a summary offence punishable on conviction by a level 11 fine (5
penalty units maximum).

* * * * *

(30) Apprehension of offenders
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s456aa.html

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