Criminal Law Additions and Alterations

Published date01 January 1940
DOI10.1177/002201834000400106
Date01 January 1940
Subject MatterCriminal Law Additions and Alterations
Criminal
Law
Additions
and
Alterations
EMERGENCY POWERS (DEFENCE) ACT, 1939, AND DEFENCE
REGULATIONS, 1939
THE
act passed on the 24th August. 1939. is described
as " An Act to confer on His Majesty certain powers
which it is expedient that His Majesty should be enabled
to exercise in the present emergency; and to make further
provision for purposes connected with the defence of the
realm
''.
Section 1empowers His Majesty by Order in Council
to make such regulations (in this Act referred to as Defence
Regulations) as appear to him to be necessary or expedient
for securing
the
public safety, the defence of the realm,
the maintenance of public order and the efficient prosecution
of any war in which His Majesty may be engaged. and for
maintaining supplies and services essential to the life of
the
community. and in particular (subsection 2a) to make
provision for the apprehension trial and punishment of
persons offending against the Regulations. and for the detention
of
persons whose detention appears to the Secretary of State
to be expedient in the interests of the public safety or the
defence of
the
realm, and (subsection
2b)
to authorize the
taking of possession of any property and (subsection
2C)
the searching of any premises. and (subsection 2d) to provide
for amending any enactment and for suspending the operation
of any enactment.
Defence Regulations may provide for empowering
persons to make orders, and shall overrule any enactment
other than their parent Act
but
shall not authorize any form
of compulsory service, military or industrial. or
the
trial
by courts martial of civilians.
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