Do I have to give the police my name and address?

There is no general legal duty in England and Wales to identify yourself to the police simply because they ask. Unlike some other countries, there is no "stop and identify" law that requires you to give your name and address whenever a police officer demands it. If a police officer stops you in the street and asks who you are, you are not committing a criminal offence by declining to answer.

However, several specific statutes create obligations to provide your identity in particular circumstances. Under section 165 of the Road Traffic Act 1988, a driver must provide their name and address when required by a constable. Failing to do so is a criminal offence. This applies to anyone driving a motor vehicle on a road, and refusal can lead to arrest. Similarly, under section 164 of the Road Traffic Act, you must produce your driving licence when required by a constable.

Section 50 of the Police Reform Act 2002 gives a constable the power to require a person to give their name and address if the constable has reason to believe that the person has been, or is, acting in an anti-social manner. Anti-social behaviour is defined as behaviour that has caused, or is likely to cause, harassment, alarm, or distress to one or more persons. Failure to give your name and address when required under section 50 is a summary offence. Section 164 of the Licensing Act 2003 similarly requires a person to give their name and address when asked by a constable in connection with a relevant offence under that Act.

Even where there is no specific statutory obligation, refusing to give your name can have practical consequences. If a police officer has grounds to arrest you for an offence, section 24(5)(d)(iv) of PACE allows arrest where the constable has reasonable grounds for believing that arrest is necessary to enable the identity of the person to be ascertained. In other words, if you are suspected of an offence and refuse to identify yourself, this refusal may itself provide the "necessity" ground for arresting you, when the officer might otherwise have dealt with the matter without arrest.

The safest approach is to understand the context. If you are driving, you must identify yourself. If you are involved in behaviour that could be classed as anti-social, you must comply with a section 50 requirement. In other situations, you have no obligation, but the practical consequences of refusing may include arrest if you are suspected of an offence.

Key Points

• There is no general legal obligation to give your name to police in England and Wales
• Drivers must provide their name and address when required under section 165 of the Road Traffic Act 1988
• Section 50 of the Police Reform Act 2002 requires identification where anti-social behaviour is suspected
• Section 164 of the Licensing Act 2003 requires identification in connection with licensing offences
• Refusing to identify yourself when suspected of an offence can provide grounds for arrest under PACE
• You cannot be arrested solely for refusing to give your name if there is no suspicion of an offence
• Always ask the officer what power they are relying on if they demand your identity