Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Police checkpoints

Issues arising from our actions on the roads - including Transport.

Police checkpoints

Postby Jinxer » Mon Mar 19, 2018 2:37 pm

These days the Police set up checkpoints to check a multitude of things that can include representatives from VOSA, environmental, social security and other authoritative bodies.
My question is if stopped by the Police what authority would they have to demand I follow them to one of these checkpoints if I didn't want to go. I know the Police have acts to direct me to a census and can take me to a weighbridge within a distance, but is there any acts that give them the power to insist I comply and follow then to a checkpoint.
It's ok your children are safe, they're locked away behind barbed wire gates. If you don't comply sir they'll send you another fine sir.
User avatar
Jinxer
 
Posts: 89
Joined: Fri Feb 16, 2018 1:52 pm

Re: Police checkpoints

Postby Rick Ape » Sat Mar 24, 2018 7:15 pm

Rick Ape
 
Posts: 33
Joined: Thu Mar 01, 2018 11:26 pm

Re: Police checkpoints

Postby Jinxer » Sun Mar 25, 2018 12:24 pm

Yes I have stopped already Rick Ape and the Police now are saying to follow them to the checkpoint, sometimes they may just pull in front of you and a neon sign flashes with the words FOLLOW ME in the Police car back window. What I'm looking for is what offence am I committing if I didn't want to follow them.
It's ok your children are safe, they're locked away behind barbed wire gates. If you don't comply sir they'll send you another fine sir.
User avatar
Jinxer
 
Posts: 89
Joined: Fri Feb 16, 2018 1:52 pm

Re: Police checkpoints

Postby Smouldering Stoat » Sun Mar 25, 2018 12:42 pm

Surely a power to require a driver to stop implies a power to tell her where to stop. It would be odd if the police could make you stop in the fast lane of a motorway, but couldn't tell you to pull onto the hard shoulder.
Smouldering Stoat
 
Posts: 6543
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Police checkpoints

Postby theycantdothat » Sun Mar 25, 2018 1:04 pm

Rick Ape wrote:http://www.legislation.gov.uk/ukpga/1988/52/section/163


The relevant part says:

A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.

Is a neon sign flashing with the words FOLLOW ME in a Police car back window a request to stop?
theycantdothat
 
Posts: 1241
Joined: Fri Nov 02, 2012 7:36 pm

Re: Police checkpoints

Postby Jinxer » Sun Mar 25, 2018 1:05 pm

Effectively I think you probably could stop in the fast lane of the motorway, common sense should tell you not to though. What would happen offence wise I wonder if someone did stop in the fast lane after being required to stop under section 163 and refused to move until they were allowed to go on their way. I like they way traffic officer has been added to the 163 legislation. We won't need Police Constables soon with all the power being given to other bodies, but that's for a different thread.
It's ok your children are safe, they're locked away behind barbed wire gates. If you don't comply sir they'll send you another fine sir.
User avatar
Jinxer
 
Posts: 89
Joined: Fri Feb 16, 2018 1:52 pm

Re: Police checkpoints

Postby Smouldering Stoat » Sun Mar 25, 2018 3:21 pm

Again, the legislator cannot have intended the Police to have the power to require a driver to stop, but to have no power to tell them where to stop.

In any event, s.35 of the Actgives the Police the power to require a motorist to, inter alia

(iii)to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),
Smouldering Stoat
 
Posts: 6543
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Police checkpoints

Postby theycantdothat » Sun Mar 25, 2018 3:55 pm

Smouldering Stoat wrote:In any event, s.35 of the Actgives the Police the power to require a motorist to, inter alia

(iii)to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),


Only applies if a traffic survey is being carried out.
theycantdothat
 
Posts: 1241
Joined: Fri Nov 02, 2012 7:36 pm

Re: Police checkpoints

Postby diy » Wed Mar 28, 2018 8:06 pm

There are two parts 1 you are obliged to stop, 2 you aren’t freed from any other obligation. i.e if you stop in a dangerous place you commit an offence.

They have the power to direct you - it’s not just surveys

https://www.legislation.gov.uk/ukpga/2004/18/section/6
My suggestions are not legal advice
User avatar
diy
 
Posts: 2729
Joined: Fri Nov 02, 2012 10:06 pm

Re: Police checkpoints

Postby Jinxer » Thu Apr 12, 2018 11:34 pm

That act still doesn't from what I can see give the Police a right to force you to follow them to a place that could be streets away from where they stop you.
It's ok your children are safe, they're locked away behind barbed wire gates. If you don't comply sir they'll send you another fine sir.
User avatar
Jinxer
 
Posts: 89
Joined: Fri Feb 16, 2018 1:52 pm

Next

Return to Road Traffic Law

Who is online

Users browsing this forum: No registered users and 1 guest