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.

Re: Police checkpoints

Postby shootist » Fri Apr 13, 2018 8:18 am

diy wrote: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


Don't forget section 35(3) of the Road Traffic Act 1988 "(3)

The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.


Also, the powers you quote would seem to me to be limited to what is to be achieved by the direction. Stopping someone, or diverting their route because of a blockage on the road would be reasonable. Directing a motorist to a safe location in order to deal with, say, a motoring offence, would be reasonable if there was a layby 50 yards up the road, but not 2 miles to police HQ so the police officer can get a new biro to write you up.
“Injustice anywhere is a threat to justice everywhere." MLK.
User avatar
shootist
 
Posts: 3832
Joined: Sat Aug 10, 2013 9:40 pm

Re: Police checkpoints

Postby diy » Sun Apr 15, 2018 4:10 am

I guess it’s the difference between stopping and directing vs unlawful detaining. I think I posted a case before of local police “kettling” bikers at a popular motorbike cafe. As a local, it was a pain in the bum and on more than one occasion I had to be firm on my intention to leave as I was a local resident with no intention of stopping at the biker meet.

Their ruse was having one officer checking tax discs while they held anything up to 200 riders queuing to be checked. It was really about making the experience unpleasant so you didn’t come back.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2729
Joined: Fri Nov 02, 2012 10:06 pm

Re: Police checkpoints

Postby Hairyloon » Sun Apr 15, 2018 9:26 am

diy wrote: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.

If you follow them and stop at the first convenient stopping place, then they can explain why you should have to proceed to where they want you to go.
User avatar
Hairyloon
 
Posts: 10581
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Previous

Return to Road Traffic Law

Who is online

Users browsing this forum: No registered users and 0 guests