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Police Powers

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Thread 5


What are the consequences, if any, of Dave’s refusal to answer Inspector Green’s questions?

It is settled law that the public are under no obligation to answer police questions and mere refusal to answer cannot create grounds for arrest. (see Rice v Connolly [1966] 2 QB 414). It is arguable that the manner of Dave’s answer and his apparent keenness to leave the scene and get away from the officers may well heighten their suspicion that he is acting unlawfully. Again, it must be noted that if the officers wish to exercise the power of stop and search they should give the details referred to in Thread 4 above.

The Inspector’s further question is just that, a question. It does not indicate that Dave is under any compulsion to answer nor that he is not free to leave. Dave is under no obligation to answer.

 

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