[Mark Davies]

Originally Posted by chrisch

I am a little confused here. Are you saying you cannot arrest me for not wearing a seatbelt if I have ID?

I think I must misunderstand the term "arrest".

Just a quick one Chris - basically as it stands, no - I couldn't arrest you. It's not an arrestable offence and is dealt with by fixed penalty or summons only. However, what are called "general arrest conditions" (as provided by s.25 PACE) do apply. This provides that if it is not practicable to proceed by way of summons because the offender's identity or address cannot be verified then that person can be arrested for the purpose of establishing who they are. This is why being in possession of proper ID can prevent arrests and stop you being taken into custody.

Just to clarify the term, 'arrest' means to detain you against your will and inevitably take you to a police station and custody. Once there you would be charged with the offence. If it was still not possible to confirm who you were you'd be kept in custody to appear before the next available court - usually the next day. A 'summons' is just that - a written notice requiring you to attend court for a hearing. Obviously if we don't know your address or who you are, how can we post you a summons? That's why we have the option to arrest.