Power to Require Name and Address

Power to require name and address (see sections 40 & 41 of the Police Powers and Responsibilities Act 2000)

A police officer may require a person to state the person's correct name and address if:

    (i)    a police officer finds the person committing an offence;

    (ii)    a police officer reasonably suspects the person has committed an offence;

    (iii)    a police officer is about to take:

(a) the person's identifying particulars under an identifying particulars notice or court order made under s. 471 or 514 of the Police Powers and Responsibilities Act 2000; or

(b) a DNA sample from the person under a DNA sample notice or an order made under section 484, 485, 488 or 514 of the Police Powers and Responsibilities Act 2000;

    (iv)    an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514 of the Police Powers and Responsibilities Act 2000;

    (v)    a police officer is about to give, is giving, or has given someone a noise abatement direction, an initial nuisance direction or a final nuisance direction;

    (vi)    a police officer is attempting to enforce a warrant, enforce or serve a forensic procedure order or registered corresponding forensic procedure order, or serve a summons or other court document on a person;

    (vii)    a police officer reasonably believes obtaining the person's name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for s. 41(g) of the Police Powers and Responsibilities Act 2000 (see s. 10 and Schedule 3 of the Police Powers and Responsibilities Regulation 2000 for a list of the prescribed Acts);

    (viii)    a police officer reasonably suspects the person has been or is about to be involved in an act of domestic violence or associated domestic violence;

    (ix)    a police officer reasonably suspects the person may be able to help in the investigation of:

(a) an act of domestic violence or associated domestic violence; or
(b) a relevant vehicle incident;
(x) a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened;

    (xi)    the person is in control of a vehicle that is stationary on a road or has been stopped under s. 60 of the Police Powers and Responsibilities Act 2000; or

    (xii)    under Chapter 17 of the Police Powers and Responsibilities Act 2000, a qualified person is about to perform a forensic procedure on the person.
A police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence ('address' means current place of residence).

A police officer must:

    (i)    supply their details as soon as reasonably practicable (see section 637 of the Police Powers and Responsibilities Act 2000). If the police officer is in uniform, this means the officer’s name, rank and station. If the officer is not in uniform, this means informing the person that the officer is a police officer and their name, rank and station and produce for inspection his or her identity card;

    (ii)    if the person fails to comply with the requirement, if practicable, warn the person it is an offence to fail to comply with the requirement without a reasonable excuse and that they may be arrested for the offence (see s. 633 of the Police Powers and Responsibilities Act 2000); and

    (iii)    give the person a reasonable opportunity to comply with the requirement (see s. 633 of the Police Powers and Responsibilities Act 2000).