House of Lords
| Published date | 01 October 1941 |
| Date | 01 October 1941 |
| DOI | http://doi.org/10.1177/002201834100500405 |
| Subject Matter | Article |
House of Lords
MEANING
OF ' OFFENDER '
Barnard and Another v. Gorman
THE
decision of the Court of Appeal in the above case
(reported at 4J.C.L. (1940), p. 401) has been reversed
by the House of Lords (Viscount Simon L.c.,
Lord
Thankerton,
Lord
Wright,
Lord
Romer, and
Lord
Porter).
It
will be remembered that the question at issue was whether
s. 186 of the Customs Consolidation Act, 1876 conferred a
power to arrest on reasonable suspicion or whether the power
was confined to arresting persons actually guilty of an offence
under
that section.
The
Court of Appeal by a majority
(MacKinnon
L.J.
dissenting) held
that
the latter was
the
correct view.
The
section in question relates to the conceal-
ment
of uncustomed goods.
It
is a long
and
involved section,
the only material
part
of which
is-
"the
offender may either be detained or proceeded
against by summons.
II
The
case reached-the House of Lords as an action for
damages for false imprisonment.
The
action arose from
the
detention at Liverpool by customs officers of the plaintiff
for having failed to declare 100 cigars.
The
customs officers,
who were defendants to the action, after arresting the plaintiff
handed him over to the police, who detained him in custody
for a short time
and
then released him on bail.
On
the
follow-
ing day
the
plaintiff was brought before the Liverpool
stipendiary magistrate, charged with contravention of s. 186
of the Customs Consolidation Act.
After
hearing the evidence
the
magistrate decided
that
there was a reasonable doubt
327
To continue reading
Request your trial