Just had a quick scan of new Act that received Royal assent 7th April, 2005, namely The Serious Organised Crime and Police Act 2005.
The bad news in the motoring field:
Some big changes in that PACE condition of arrest has been extended to include any repeat ANY offence (used to be Arrestable).Sect 110.
Using a vehicle on a road with incorrect details on the Register (DVLA)as Registered Keeper - an offence. Section 150
Driving a motor vehicle not only without Insurance but a Driving Licence then Plod is given power to seize.. Sect 152
Power to Plod to fingerprint you without consent if he catches you committing an offence and doesn't think you have given correct details. Sect 117
Vehicle Registration document added to list that have to be produced on demand but can be delayed for 7 days to Police Station Section 151.
The good news is that , of the above, only the fingerprint comes into force on the date of the Act, the rest awaiting a Commencement Order.
All this and more heavy stuff at:
tinyurl.com/agttc
DVD
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Even though it's generally known as SOCA, there's a lot in that Act which doesn't seem to have much to do with "Serious Organised Crime".
The stuff on seizing vehicles seems to reflect the old dilemma: how can something be done about all the unregistered vehicles, and unlicensed/unisured drivers without grantting draconian powers which may be used to the disadvantage of law-abiding folk?
It seems to mean that we will all now have to carry driving licence and vehicle docs at all time or risk the car being seized if we give a constable grounds for "reasonable suspicion" that we are miscreants.
That's been the situation in Ireland for a year or so now, and I guess it hasn't been too bad in practice (keep licence in handbag, not too much of a burden), though something chills me about this whole notion of "reasonable suspicion".
"She wasn't speeding, your honour. Very suspicious -- everyone else does it".
"The driver looked just like David Brent, but claimed he wasn't. So I nicked the car ... and the low-loader too"
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Got the car MOT'd yesterday. Was told to bring the V5 with me.
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Makes sense to make driving without an insurance certificate or a licence or a car the plates of which don't match the PNC description an arrestable offence because at the moment anyone can drive on cloned plates with no insurance and get clean away with it even when stopped.
But the rest of the provisions of this bill are a very good reason to leave the country, if it will let you, which it probably won't.
HJ
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Presumably the changes are more involved with investigation into those toe rags using vehicles who have, are suspected or may be about to commit crimes?
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What\'s for you won\'t pass you by
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Presumably the changes are more involved with investigation into those toe rags using vehicles who have, are suspected or may be about to commit crimes?
Nope. That's one of the criteria, but all the stuff about arrestable offences and seizing vehicles also applies in a much much wider range of circumstances.
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As someone with nothing to fear, I think a chipped ID card containing everything that the plod may legally ask you for would be very convenient. Only downside I can think of is Identity theft. Not that I trust the plod one iota. Once attended a murder scene and was finger printed - assured they would be destroyed after the trial - rang 6 months later to check and they became very evasive and difficult. I'm sure they are still on file.
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Mmmm tidies up a lot of things. Reasonable Supsicion relates to power of arrest being charged and appearing in Court is another, different test of evidence. Most data about Driving Licences, Insurance etc appears on PNC. Common sense to seize a vehicle on a no insurance offence.......becoming far less pink and fluffy in my older years. Going onto a four day week from next week on, roll on retirement.
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No doubt this won't be enforced upon to criminals on those noisy mini-motorbikes, quadbikes or stolen Royal Mail scooters.
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at the moment anyone can drive on cloned plates with no insurance and get clean away with it even when stopped.
And soon the Police will have to fill out a form every time they stop a person for ANYTHING, be it in street, car, etc.
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Some of these things we could do anyway, just meant it took longer to do (more paperwork) since we had to go about doing them in a 'round about' manner. This just cuts down the preverbial red tape. But it is only right that a Driver who is uninsured/has no licence MUST and SHOULD be prevented from driving any further. 'Bout time that loop hole was closed and Public protected.
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"And soon the Police will have to fill out a form every time they stop a person for ANYTHING, be it in street, car, etc."
Not quite true but it makes good copy. They are having to do it now but only when they want to "Stop and Account" or search. They don't have to do it when they stop cars and a HO/RT is issued.
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