Examples:
- Identification of a person who is present in the place, time and circumstances from which it can be inferred that he is there for a prohibited or improper purpose.
- Identification of those involved or witnesses for the purpose of a future summons for clarification/investigation.
- A person refuses the instructions of a police officer according to the law and is required to document the encounter, and for this purpose details are required that appear on the identity card.
(-) As for section 5A(3) of the procedure, it was noted that its wording would be amended as stated in an order nisi.
(-) As for Section 5B of the Procedure, it was noted that it would be drafted as follows:
A police officer may verify the authenticity of the certificate or the details specified therein, by means of oral questions or through the police systeMs. At the end of this examination, the police officer will return the person's ID card and complete treatment.
(-) As for Section 5C of the Procedure, it was noted that the section would be deleted from the Procedure.
- In view of the aforesaid, the Respondent argues that the petition should be dismissed with regard to section 4A(5) of the procedure; and that the petition's arguments have become superfluous in relation to the other sections of the procedure.
On the other hand, the petitioners claim that the dispute has become redundant only with regard to section 5a(3) of the procedure; and that the order nisi should be made absolute in relation to the other sections discussed in the petition, since the amendments made in their case do not cure the defects that occurred in them.
- If so, we will discuss in more detail the arguments of the parties in relation to the clauses of the procedure that remain in dispute between them. I will say at this point that I am of the opinion that the cancellation of sections 4a(5) and 5b of the procedure should be ordered; and that given the respondent's consent to the deletion of clause 5c of the procedure, the dispute in his case became redundant.
Section 4A(5) of the Procedure
- As detailed above, Section 4A of the Procedure lists five grounds, one of which a police officer may require a person to identify himself according to the authority granted In the section 2 to the Identity Card Law. As stated, in its reply, the Respondent stated that it intends to amend the wording of the cause of action set forth in section 4A(5) of the Procedure; For the sake of convenience, I will re-present the updated wording (emphasis in the first line is not in the original):
The place, time and circumstances raise concerns that an offense has been committed or is about to be committed and there are circumstances that indicate the possible involvement of a person in the incident, as a suspect or as a witness, provided that in order to clarify the matter, it is necessary to ascertain the very existence of an identity card or an item of the details appearing on the identity card.