The Colonial Police
| Published date | 01 January 1950 |
| DOI | 10.1177/0032258X5002300116 |
| Date | 01 January 1950 |
| Subject Matter | Article |
80
THE
POLICE JOURNAL
On
November
rSth, 1948,
the
Court
of
Appeal
in Hastings &Folkestqne Glass Co.,
Ltd.,
v. Kalson,
ruled
that
the
A-B
offences
were
Indictable
Offences.
Therefore
according
to
Section
I
(I)
(b)
Costs
in
Criminal
Cases
Act,
1908, I believe
that
Section
28
(I)
is
covered
as to costs.
The
case
quoted
has
many
bearings
on
a
policeman's
powers.
Yours
faithfully,
Police Office,
Stalybridge,
Cheshire.
E.
BURSLEM.
November
24th,
1949.
Our Contributor writes
:-
The
writer
has
fallen
into
a
trap
which
has
caught
many
others.
In
the
first place, Hastings
&7
Folkestone Glass Co.,
Ltd.,
v. Kalson was
not
con-
cerned
with
any
statutory
definition
of"
indictable
offence,"
but
with
the
interpretation
of
the
articles
of
association of a
company.
Then
again,
the
decision
of
the
Court
of
Appeal
had
no
relation
to
the
Criminal
Justice
Act, 1948,
but
related
to a
decision
of
a
Judge
made
before
the
Act
had
become
law.
The
Criminal
Justice
Act,
1948, makes cases
dealt
with
summarily
under
s. 28
(2) cases to
which
the
Costs
in
Criminal
Cases Act, 1908 applies.
Without
that
pro-
vision it
would
not
apply.
If
Parliament
meant
the
Act
of
1908
to
apply
to offences
dealt
with
summarily
under
s. 28
(I),
it
would
have
said so. As it is we
must
follow
the
provisions
of
the
Costs
in
Criminal
Cases
Act,
1908, s. I
of
which
(as
amended)
relates
to " a
court
of
summary
jurisdiction
by
which
an
indictable
offence is
dealt
with
summarily
under
the
Summary
Jurisdiction
Acts, or
under
the
Criminal
Justice
Act,
1948, s. 28
(2)"
Our
interpretation
of "
indictable
offence
dealt
with
summarily
under
the
Summary
Jurisdiction
Acts
".
must
then
conform
to
the
Criminal
Justice
Act,
1925, s. 24 (3)
which
reads, "
Any
enactments
in force at
the
commencement
of
this
Act
which
relate
to
summary
trial of
indictable
offences
...
shall
...
be
construed
as
applying
to
the
summary
trial
of
indictable
offences
under
this .
section
....
"
Thus,
the
Act
of
1908
applies
only
to
the
offences
set
out
in
the
Second
Schedule
of
the
1925
Act
and
those
coming
under
s. 28 (2)
of
the
1948
Act.
The
Colonial
Police.
The
following appointments are announced by the Colonial Office :
CLARK,
J. H.
HARVEY,
Superintendent Senior Superintendent of Police,
of Police, British Honduras. Tanganyika.
FAIRLEIGH,
A. R., Superintendent of Assistant Superintendent of Con-
Police, Mauritius. stabulary, North Borneo.
FOLEY,
T.
J.,
Assistant Superintendent Deputy Superintendent of Police,
of Police, Grenada. St. Lucia.
MAXWELL,
A. C., Commissioner of Deputy Commissioner of Police,
Police, Sarawak. Hong Kong.
MOORE,
J.,
Sub-Inspector of Police, Assistant Superintendent of Police,
Hong Kong. Hong Kong.
POPPY,
A.
J.,
Superintendent of Police, . Senior Superintendent of Police,
Kenya. Tanganyika.
SHAW,
A. A., Sub-Inspector of Police, Assistant Superintendent of Police,
Hong Kong. . Hong Kong. .
WHANT,
L.
R., Assistant Superinten- Supenntendent of Police, Hong
dent of Police, Hong Kong. Kong.
WRIGHT,
W., Chief Inspector of Police, Assistant Superintendent of Police,
Kenya. Zanzibar.
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