Quarterly Commentary
| Date | 01 January 1952 |
| Published date | 01 January 1952 |
| DOI | 10.1177/0032258X5202500101 |
| Subject Matter | Quarterly Commentary |
THE
POLICE JOURNAL
VOL. XXV.
No.1
JANUARy-MARCH,
1952
Quarterly Commentary
AN ARGUMENT ENDED
ONE could probably find a number of different ways of classifying
the members of the Police Service
but
for the purpose of this
article the Force has been divided into two camps. Those in one camp
were firm in their opinion that an attempt to commit the offence of
taking and driving away a motor-car could be dealt with summarily,
and those in the other were equally sure that such an offence could
be dealt with only on indictment.
Section 28 of the Road Traffic Act, 1930, was introduced to dis-
pose of a difficulty which was rapidly becoming more pronounced with
the increased use of motor vehicles. Prior to that Act it was no offence
to take and drive away a car provided the perpetrator could convince
the court that he had no intention permanently to deprive the owner
of the vehicle. Section 28 provided that every person who took and
drove away a motor vehicle should be liable on summary conviction
to three months' imprisonment or to a fine, or on conviction on indict-
ment to twelve months' or a fine, or both. A sub-Section gave a
police constable an unusually wide power to arrest without warrant. He
could arrest any person reasonably suspected of having committed,
or of attempting to commit, an offence under the Section. No specific
penalty was provided for attempting to commit the offence although,
as we have said, there was specific power of arrest. Almost at once the
question arose whether attempting to take away a car was an attempt
to commit an indictable offence, or whether it was an attempt to commit
an offence punishable on summary conviction.
It
is not surprising
that the Police Force was divided on the matter because such an
eminent authority as Stone's Justices Manual has been uncertain about
the point.
The
earlier editions of Stone stated in terms that, if the
accused consented, a charge of attempting to commit the indictable
offence of taking and driving away a car could be dealt with summarily
pursuant to the Criminal Justice Act, 1925, Second Schedule. Later
the editor changed his views and said that the charge of attempting
to commit the offence is a misdemeanour and appears to be triable only
e
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