R v Bayliss
| Jurisdiction | England & Wales |
| Judgment Date | 16 March 1993 |
| Date | 16 March 1993 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal
Statutory construction - "duty of investigating offences" - store detectives
The duty of investigating offences was not restricted to the officers of central government or to other persons acting under statutory powers. It was also possible for a store detective to be a person "charged with the duty of investigating offences" within section 67(9) of the Police and Criminal Evidence Act 1984.
The Court of Appeal (Lord Justice Neill, Mr Justice Tudor Evans and Mr Justice Clarke) so held on February 19 in dismissing an appeal by Roy Alfred Bayliss against his conviction in August 1991 at Wood Green Crown Court (Judge Finney) of theft.
LORD JUSTICE NEILL said that it was a question of fact in each case whether or not a particular individual fell within section 67(9). Those who employed store detectives and similar security officers might wish to consider carefully what duties their employees were to undertake.
In some cases private prosecutions would be launched on the basis of...
To continue reading
Request your trial
-
Court of Appeal
...states that suchpersons 'shall in the discharge of that duty have regard to any relevantprovision of such a code'. In R v Bayliss (1993) 157 JP 1062, the netquestion was whether a store detective who had given evidence at the trialofthe appellant (who was convicted of theft) came within s 6......