Criminal Legislation in 1960
| Published date | 01 January 1961 |
| Date | 01 January 1961 |
| Author | W. H. D. Winder |
| DOI | 10.1177/0032258X6103400110 |
| Subject Matter | Article |
W. H. D.
WINDER,
M.A.
(Oxon),
LL.M.
(Lond.)
English Legal Correspondent
of
THE
POLICE JOURNAL
fJriminal
Legislation
in
1960
THE
GAME
LAWS (AMENDMENT) ACT, 1960
THIS ACT ENLARGES the powers of the police as to arrest and prose-
cution of offenders against the game laws. Section I gives to police
constables powers of arrest comparable to those already held by
owners of land and their servants under s. 2 of the Night Poaching
Act, 1828, and s. 3I of the Game Act, 1831. Section 1
(I)
of the new
Act states that a police constable may arrest aperson found on any
land committing an offence under s. 1 or s. 9 of the Night Poaching
Act, 1828 (which sections relate to persons trespassing in pursuit
of game by night) and s. 1 (2) provides that the powers exercisable
under s. 31 of the Game Act, 1831 (which provides that occupiers
of land and certain other persons may require any person found in
pursuit of game in the daytime to quit the land and give his name
and address and, if he fails to do so, may apprehend him), shall
also be exercisable by a police constable. Section 2 gives to the
police a new power to enter land if they have reasonable grounds for
suspecting that aperson is committing an offence under s. I or
s. 9of the Night Poaching Act, 1828, or under s. 30 or s. 33 of the
Game Act, 1831. •
The Poaching Prevention Act, 1862, is amended and strengthened
by s. 3, and s. 4 contains further provisions as to seizure of game,
guns, etc., and forfeiture. The former penalties of £2 and £5 fines
are increased by s. 5to £20 and £50.
INDECENCY WITH
CHILDREN
ACT, 1960
Before the coming into force
of
this Act there was a gap in the
law relating to indecency with children. If a person, without any
force, successfully invited a child to handle him indecently no offence
was committed, as there was no assault and hence no indecent assault
within ss. 14 and 15 of the Sexual Offences Act, 1956. Now it is an
offence (with a maximum sentence of two years' imprisonment)
for any person to commit an act of gross indecency with or towards
a child under the age of 14, or to incite a child under that age to
such an act with him or another.
It
appears that actual physical
contact is not essential to the commission of the offence, for it
has been held (R. v. Hunt [1950] 2 All E.R. 291) that no such contact
January-February 1961 47
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