“The Common Law does not require a citizen to identify oneself or carry identification of any sort”
Koechlin v Waugh 1957
“An ancient principle of the common law that a person not under arrest has no obligation to stop for police, or answer their questions and there is no statute that removes that.”
“The conferring of such a power on a police officer would be a substantial detraction from the fundermental freedoms which have been guaranteed to the citizen by common law for centuries”
Justice Stephen Kaye
ANDREW HAMILTON v DIRECTOR OF PUBLIC PROSECUTIONS.
December 25, 2011 Victorian Supreme Court.
(s272 of the Criminal Procedure Act,Supreme Court of Melbourne, Commomn Law Division- Judicial Review and Appeals List No.SCI2011 2013 on the 25th November 2011)
There is no common law power vested in police giving them the unfettered right to stop or detain a person and seek identification details. Nor is s.59 of the (Road Safety) Act a statutory source of such power.
Magistrate Duncan Reynolds – Melbourne – July 2013