If you are driving a car, motorcycle or other vehicle the police can ask you to stop at any time, give your name and address and show your driver’s licence. If you refuse to do any of these things, you can be charged.

The police can ask you to produce your ID book at any time and you must do this. They can question anyone without arresting them. But whether a person has to answer the police’s questions depends on the circumstances. The police may ask you to give your full name and address if they:

• Suspect you of committing a crime
• Suspect you of trying to commit a crime
• Think that you might be able to give them some information about a crime

But you can ask the police officer for his or her identity document. If the police officer refuses, you need not give your name and address. If the police officer produces his or her ID then you must give your name and address. It is a crime not to give your name and address. You can get a fine of R2 500 or 3 months in prison if you refuse.

(See: Problem 7: Refusing to give your name or address to the police)

If the police officer asks you any other questions it is your right not to answer these questions. It is also your right to say that you will only answer other questions if your attorney is present. The police might ask you to go to a police station to make a statement. You have the right to refuse to go. But the police may then decide to arrest you. You must then go to the police station with them, but you still have the right to refuse to make a statement, even if you are under arrest.

(See Powers of the police to arrest)