sec.40Person may be required to state name and address

### sec.40 Person may be required to state name and address A police officer may require a person to state the person’s correct name and address in prescribed circumstances. Also, the 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. A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved— for section 41 (a) or (b) —to have committed the offence; or for section 41 (f) —to be the person named in the warrant, summons, order or court document; or for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or for section 41 (i) or (j) —to have been able to help in the investigation. Also, a person does not commit an offence against section 791 if— the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and no-one is proved to have committed an offence against that Act. In this section— address means current place of residence. s 40 amd 2000 No. 22 s 3 sch ; 2001 No. 20 s 53 ; 2003 No. 49 s 6 ; 2012 No. 5 s 223 ; 2013 No. 45 s 56 ; 2016 No. 62 s 312 (sec.40-ssec.1) A police officer may require a person to state the person’s correct name and address in prescribed circumstances. (sec.40-ssec.2) Also, the 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. (sec.40-ssec.3) A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved— for section 41 (a) or (b) —to have committed the offence; or for section 41 (f) —to be the person named in the warrant, summons, order or court document; or for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or for section 41 (i) or (j) —to have been able to help in the investigation. (sec.40-ssec.4) Also, a person does not commit an offence against section 791 if— the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and no-one is proved to have committed an offence against that Act. (sec.40-ssec.5) In this section— address means current place of residence. - (a) for section 41 (a) or (b) —to have committed the offence; or - (b) for section 41 (f) —to be the person named in the warrant, summons, order or court document; or - (c) for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or - (d) for section 41 (i) or (j) —to have been able to help in the investigation. - (a) the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and - (b) no-one is proved to have committed an offence against that Act.