Reply To: Information on talking to police

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David Mac

“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

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