Execution in Great Britain of Warrants to Arrest in Criminal Cases Issued in Ireland and Vice Versa
| Date | 01 April 1952 |
| DOI | 10.1177/0032258X5202500207 |
| Published date | 01 April 1952 |
| Author | Patrick Carroll |
| Subject Matter | Article |
IIZ
THE
POLICE
JOURNAL
on February
1St,
1952,
"The
liberty of the individual must be
preserved at all costs, say the opponents, even though in this case it is
really the liberty to rob and be robbed."
As a tribute to the way in which the Metropolitan Police make
use of their section 66, it is worthy of comment that in 1950 there were
1,102 persons charged with unlawful possession.
There
is little
doubt
that other Forces with similar powers also use them extensively.
While the present official attitude is that there is little hope of a
new general statute being passed to bring in these powers throughout
the country, the only way to obtain them will be to incorporate the
clause in a local Bill. Is it worth
it?
My answer, and the answer of the
men who have to bear the
brunt
of police work, is "
Yes-overwhelm-
ingly." Does it create danger to the innocent person? No more than
any other power of arrest does. Does it have a detrimental effect on
crime?
Again,"
Yes."
The
evidence of the Police, therefore, seems to be strongly in
favour of powers of arrest for unlawful possession, and it will be
interesting to watch further developments in this respect.
Execution in Great Britain of
Warrants
to Arrest in Criminal Cases Issued in
Ireland and Vice Versa
By
CHIEF-SUPERINTENDENT
PATRICK
CARROLL, B.L.
Detective
Branch
Garda
Sfochana
Headquarters,
Dublin.
IN view of some doubts that exist as to the present legal position
regarding the execution of Irish warrants in Great Britain and the
Channel Islands, and vice versa, the following brief summary of the
relevant law will, the writer hopes, enable police officers concerned to
understand and appreciate the position.
PROCEDURE
BEFORE
1922
Prior to the Treaty and Irish Free State Constitution of 1922,
the issue and execution of warrants as between Ireland, Great Britain,
the Channel Islands and the Isle of
Man
was regulated by :
(a) Petty Sessions (Ir.) Act of 1851 (14 and 15 Vic., C.93), as
amended by the Petty Sessions (Ir.) Act, 1867 (30 and 31
Vic., C. 19);
(b)
The
Indictable Offences Act of 1848
(II
and 12 Vic., C. 42),
certain provisions of which were applied to warrants issued
in England and Wales for summary offences by the Summary
Jurisdiction Act of 1848
(II
and 12 Vic., C. 43)·
To continue reading
Request your trial