Legal Points for Constables
| Published date | 01 October 1936 |
| DOI | 10.1177/0032258X3600900405 |
| Date | 01 October 1936 |
| Author | C. C. H. Moriarty |
| Subject Matter | Article |
Legal Points
for
Constables
By C. C. H. MORIARTY
Chief Constable of Birmingham City Police
THE
Editor of
THE
POLICE
JOURNAL
has asked me to
write a short article on the general points of law which
a Constable ought to know.
The
answer to this request is
contained in Stone's Justices' Manual, Archbolds' Criminal
Pleading, Evidence and Practice, and a few other law books,
as a policeman is expected to be fully acquainted with the law
and with all the points which may arise out of the practice
and interpretation of the law.
However, the request has suggested that it might be
useful to mention a few of the legal points which a Constable
ought to have some knowledge of lest he should be tripped up
in the administration of the law.
As this note is meant to be informative and not dis-
cursive, these few points are set out very briefly as follows
:-
I.
Aperson found drunk in any highway or other
public place, whether abuilding or not, or on any licensed
premises, commits an offence (S. 12, Licensing Act, 1872),
but
it must be noted that the Section does not give power of
arrest without warrant for this offence. If, however, such
person is apparently incapable of taking care of himself he
may be arrested (S.
I,
Licensing Act, 1902).
2.
The
many nuisances mentioned in Section 28 of the
Town Police Clauses Act, 1847, such as obstruction, dis-
charging firearms, ringing door bells, putting out lamps, etc.,
to constitute offences under the Act, must have been com-
mitted to the obstruction, annoyance or danger of the residents
or passengers.
To continue reading
Request your trial