From the BBC, WRT instructions by the police for people on the streets to move on:
the legal niceties don't always matter: "The police will often just insist on people 'moving on' because they have been asked by the local authority to clear the street, but without quoting any specific piece of legislation. Naturally (and wisely), people usually don't ask under what legal provision the police officer is asking them to move." To do so could be interpreted as a breach of the peace or obstructing a police officer, the Shelter expert says.
From my position of having a home and not being particularly oppressed by the state this seems incredible to me, that a simple request for justification could result in criminality. This leads to two linked questions:
- From a legal perspective is it possible to commit a crime such as breach of the peace or obstructing a police officer by requesting the legal justification for a order from a police officer such as "move on", given that the legality of such orders are highly questionable?
- From a practical perspective have people been arrested and/or charged with a crime for requesting the legal justification for a order from a police officer such as "move on"?