Can you refuse to give police your name Scotland?

Quick Answer

In Scotland, there is no general legal obligation to provide your name to the police when asked. However, there are some situations where you may be required to provide your name and address if asked by a police officer. This includes if you are suspected of anti-social behaviour, are believed to have committed an offence, or are the driver of a vehicle.

What is the general rule on providing your name to police in Scotland?

There is no legal requirement in Scotland for individuals to provide their name and address to a police officer upon request. Police officers have no implied legal power to demand someone’s name and address simply because they want to know.

However, police do have certain powers that enable them to require a person to provide their name and address in specific circumstances. Where an officer makes a lawful request for name and address in accordance with these powers, refusal to comply could amount to an offence.

Consensual approach

In general, Police Scotland adopts a consensual approach and officers will often ask members of the public to voluntarily provide their details as part of routine enquiries. Most people comply with these requests, even though there may be no strict legal obligation to do so.

However, if you do not wish to provide your name when asked in a situation where there is no legal power requiring you to do so, you are within your rights to politely decline. A refusal in these circumstances does not constitute an offence in itself.

When can the police legally require your name and address?

There are certain situations in which a police officer does have the power to demand your name and address if they reasonably suspect it is required. Some of the main examples are:

Suspected anti-social behaviour

Under Section 19 of the Antisocial Behaviour etc. (Scotland) Act 2004, a police officer who reasonably believes a person aged 12 or over has been acting anti-socially can require them to provide their name and address.

It is an offence to fail to provide this information without reasonable excuse, punishable by a fine of up to level 3 (£1,000) on summary conviction.

Suspected of committing an offence

Where a police officer reasonably suspects someone has committed or is committing an offence, they can require that person to provide their name and address under Section 13 of the Criminal Procedure (Scotland) Act 1995.

It is an offence to fail to provide this information or to provide false details, punishable by a fine of up to level 3 on summary conviction.

Vehicles and drivers

Under the Road Traffic Act 1988, it is an offence for the driver of a mechanically propelled vehicle on a road or public place to fail to provide their name and address when required to do so by police.

This applies where an officer reasonably believes an offence involving the vehicle has been committed. The maximum penalty is a level 3 fine.

Can police arrest you for refusing to provide your name?

The police cannot arrest you simply for refusing to provide your name when they have no power to require it. However, if an officer does have grounds to legally demand your details under one of the powers outlined above, refusing to comply could potentially lead to arrest in some circumstances.

For example, under Section 14 of the Criminal Procedure (Scotland) Act 1995, the police have power to arrest a person without warrant if they have reasonable suspicion that person has committed or is committing an offence.

If an officer is entitled to require your name and address because they reasonably suspect you of an offence, refusal to comply could provide grounds for arresting you under Section 14 in order to establish your identity.

Should you answer other questions if police don’t know your name?

If a police officer is unaware of your identity but wishes to ask you questions unrelated to requiring your name and address, you have a general right to remain silent.

There is normally no legal obligation to answer questions from the police beyond providing your details where required under the specific powers outlined above.

Once police have your name and address where they are lawfully entitled to require it, you are free to politely decline to answer additional questions if you do not wish to do so. However, refusing to answer questions beyond identifying yourself cannot on its own justify arrest or charges.

Whether answering other questions is advisable is context-specific. In some cases, cooperating with officers and answering questions openly where you have nothing to hide may help resolve the situation. However, you should carefully consider if and how much information you provide.

When can police legally require your identification documents?

The police have no implied power to demand that individuals produce physical identification documents such as passports or driving licences. However, again there are some circumstances where an officer can require you to produce your licence or other ID.

Drivers

Under the Road Traffic Act 1988, drivers must produce their driving licence when required to do so by police, where the officer reasonably suspects them of committing a motoring offence. The maximum penalty for failing to produce a licence when required is a level 3 fine.

Licensed premises

People entering licensed premises may be required to produce ID to demonstrate their age under the Licensing (Scotland) Act 2005. The penalty for failing to comply is a level 3 fine.

Designated football matches

Police have powers under the Police, Public Order and Criminal Justice (Scotland) Act 2006 to require spectators at designated football matches to produce documentation containing their details.

Can you legally have to show police photos or messages on your phone?

The police have no general power to require people to unlock mobile phones and show officers messages, photos or other content stored on them.

Under Part 2 of the Criminal Justice and Police Act 2001, police do have power in some circumstances to seize electronic devices and subsequently access data stored on them under warrant.

However, you cannot be legally required to provide access or unlock devices at the time of a police encounter. Refusal to unlock your phone itself cannot constitute a criminal offence.

When can you legally be required to give fingerprints or other biometrics?

In general, the police have no power to take fingerprints or biometrics from a member of the public without consent at the initial encounter stage.

Fingerprints may be taken if a person has been arrested on suspicion of committing an offence under Section 13 of the Criminal Procedure (Scotland) Act 1995. They can also be taken if a person has been charged with an offence and had their fingerprints taken on a previous occasion.

DNA samples may be obtained following arrest for certain serious violent or sexual offences under the Criminal Procedure (Scotland) Act 1995.

Otherwise, the police would generally need a court order or warrant to legally obtain fingerprints or biometrics without consent. There is no obligation for individuals to willingly provide these.

Is police asking for your name always lawful?

No, police do not have unlimited power to require people’s names, despite sometimes presenting it as a routine or obvious demand during encounters. As outlined above, there are defined circumstances where an officer can lawfully require your name and address.

Outside of these, members of the public are within their rights to politely decline providing their details when asked by officers. Any implication that you are legally obliged to provide your name to police on demand when they have no specific power requiring it is incorrect.

However, refusing to give your name when an officer does have grounds to legally require it could amount to an offence. The lawfulness of police requiring your name depends on the specific circumstances and powers in each case.

What should you do if wrongly required to provide details?

If a police officer wrongly demands your name and address or other details when they have no power to legally require them, the best approach is usually to politely state you do not wish to provide them.

You are not obliged to physically hand over any identification documents if incorrectly demanded. However, be aware robustly refusing to cooperate with officers may sometimes inflame situations.

If you feel officers are acting outside of their lawful powers, you can make a complaint after the fact to the relevant police force or watchdog body. Independent legal advice may also be sought on whether your rights have been breached.

However, arguing over the technicalities of police powers in situ is not generally advised. While exercising your rights, most disputes with officers are best resolved calmly to avoid escalation or further demands.

How can police establish your identity if you won’t provide name?

If a member of the public declines to provide their name when legally required to do so, police have various options to try and ascertain identity through other routes. These can include:

  • Asking for name again and explaining implications of refusal
  • Requesting production of physical identification documents
  • Fingerprint ID checks against police databases
  • DNA sample comparison
  • Facial recognition software
  • Searching belongings for documents containing name
  • Interviewing associates to provide identity
  • Investigating vehicle registration details
  • Local intelligence checks against profile/description

Where necessary, officers may also arrest a person refusing to provide legally required details in order to establish their name and address via the above methods.

Conclusion

In summary, there is no general obligation in Scotland for members of the public to provide their name when requested by police officers. Equally, people cannot simply refuse to identify themselves to officers in all situations.

Whether you can lawfully decline to give your name depends on the specific circumstances and powers available to police at the time. There are defined situations where officers can require your details and refusal to comply may constitute an offence.

In disputes over providing your name, behaving calmly and avoiding escalation is advised. However, individuals should be aware of their rights and not feel compelled to furnish information without question when police have no power demanding it.

Leave a Comment