sec.41APower to require identifying particulars of person for official warning for consorting

### sec.41A Power to require identifying particulars of person for official warning for consorting This section applies if— a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and the police officer has required the person, under section 40 (2) , to give evidence of the correctness of the person’s stated name and address; and the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location. the person’s vehicle, containing the person’s driver’s licence, parked nearby The police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person. The identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person. A person does not commit an offence against section 791 if— the person was required to do something under subsection (2) ; and the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement. s 41A ins 2016 No. 62 s 314 (sec.41A-ssec.1) This section applies if— a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and the police officer has required the person, under section 40 (2) , to give evidence of the correctness of the person’s stated name and address; and the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location. the person’s vehicle, containing the person’s driver’s licence, parked nearby (sec.41A-ssec.2) The police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person. (sec.41A-ssec.3) The identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person. (sec.41A-ssec.4) A person does not commit an offence against section 791 if— the person was required to do something under subsection (2) ; and the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement. - (a) a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and - (b) the police officer has required the person, under section 40 (2) , to give evidence of the correctness of the person’s stated name and address; and - (c) the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location. Example of another convenient location— the person’s vehicle, containing the person’s driver’s licence, parked nearby - (a) the person was required to do something under subsection (2) ; and - (b) the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.