Dear All,
I know that from time to time people question why we need to have the s.29(3) forms completed and the reasons provided. Often times, there can be a reluctance for the forms to be completed or for sufficient detail to be provided by the organisations that made the request.
I would draw your attention to paragraphs 9-13 of the Miranda ruling. http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdf
The Police, interestingly enough, were quite insistent about having the paperwork completed and the reasons section of the form completed to their satisfaction.
Imagine if that form had not been completed properly? The case would have collapsed because the claimants would be able to show due process was not followed so the stop was not justified. Instead of justice, it would have been the exercise of arbitrary state power.
Now, I doubt the routine s.29(3) request would receive that scrutiny. However, the obligation we have to justice, which makes our democracies work, requires such vigilance whether it be at the highest levels of national security or at the everyday business of a local council.
Best,
Lawrence
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