Parliamentary Bills
| Published date | 01 January 1967 |
| Date | 01 January 1967 |
| DOI | http://doi.org/10.1177/002201836703100109 |
| Subject Matter | Article |
Parliamen
tary
Bills
AParliamentary
Bill
does not always reach the Statute Book. Bills are
frequentlyamended during their passage through Parliament. This section should
be consideredaccordingly.
CRIMINAL
LAW
BILL
THE primary object of this Bill is to abolish all distinctions
between felony and misdemeanour. Subject to the
specific provisions of the Bill all differences of law or practice
now existing between felonies and misdemeanours will dis-
appear and those now applicable in relation to misdemeanours
will apply in all cases.
The
power of arrest without warrant is necessarily altered.
The
Bill provides
that
such apower exists in relation to an
"arrestable offence", that is an offence (or attempt) for which
the
penalty is either fixed by law or five years imprisonment or
more on first conviction.
Any person may arrest without warrant
(a) anyone who is, or is reasonably suspected to be, in the
act of committing an arrestable offence
or (b) when an arrestable offence has been committed anyone
who is, or is reasonably suspected to be, guilty of the
offence.
AConstable may arrest without warrant
(a) anyone he reasonably suspects of being guilty of an
arrestable offence which he reasonably suspects has
been committed (even though presumably, no offence
was in fact committed.)
or (b) anyone who is, or is reasonably suspected to be, about
to commit an arrestable offence.
Anyone may use reasonable force in the prevention of
crime or in effecting or assisting in the lawful arrest of
offenders.
The
present offences of being an accessory after the fact to,
and
misprision and compounding of, felony disappear and are
replaced by new offences which arise where an arrestable
offence has been committed and aperson knowing or believing
that
the
offence (or some other arrestable offence) has been
committed either
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