Offences and Case Law

Published date01 April 1952
DOI10.1177/0032258X5202500212
Date01 April 1952
Subject MatterArticle
OFFENCES
AND
CASE LAW 137
venture, Mrs. J. M. Hart, in her book, The British Police, writes
that
(in sponsoring
the
scheme) "
the
aims of
the
Government were simply
to remove the absurdity of a public profession which was unable to
produce its own higher officers, and to improve the efficiency of
the
Force."
The
police force has never had much difficulty in producing its
own higher specialist officers
but
it
has been singularly unsuccessful in
producing its own efficient administrators in any appreciable numbers,
but
the'
absurdity'
of the situation was
not
caused by the members of
the Police Service.
The
existence of the Police College is a great promise
that one day
the
service will provide all its own administrators. At the
moment the Police College is the signpost clearly pointing the way.
You would be doing the Police Service a great favour if, before
you heed dogmatic assertions about the selection of men for
the
Police
College, you would reflect a moment upon the nature of,
and
imperative
need for, efficient administration and consider the type of policeman
who is the more likely satisfactorily to fill the position of an
administrator, especially if you were to work under him.
Yours sincerely,
C. G.
Offences and Case Law
By
ABOROUGH
CHIEF
CLERK
X.-INDECENT
ASSAULT
ON
FEMALES
"Whosoever
shall be convicted of any indecent assault upon any
female." (Offences Against
The
Person Act, 1861, section 52.)
"
Whosoever."-InR.
v. Hare (1934),24 Cr. App. R. 108, a woman
instigated and induced a boy aged twelve years to have connections
with her. She was charged and convicted of an indecent assault on
the
boy, and in delivering
the
judgment
of
the
C.C.A. in dismissing
the
appeal, Avory J. said, " Having regard to
the
fact
that
the word ' who-
soever'
in section 61 admittedly includes awoman
and
that
the
first
part
of section 62 admittedly includes awoman, there can be no reason
for saying that the phrase 'whosoever
...
shall be guilty
...
of any
indecent assault
upon
any male
person'
does
not
also include a woman.
There
are many other sections in
the
statute, such as section 52, where
the
word'
whosoever' is used.
There
is no
doubt
in
our
opinion,
that
in section 52 the word ' whosoever' includes a woman, and there can
be no reason for saying that a woman cannot be guilty of indecent assault
upon another female."
"indecent
assault."-As
reported in the Justice
of
the
Peace
and
Local Government Review on the
aznd
September, 1951, at page 597,
aDevonshire magistrates'
court
was recently
set
a difficult problem as
G

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