The Police and the Law
| DOI | 10.1177/0032258X4201500402 |
| Published date | 01 October 1942 |
| Date | 01 October 1942 |
| Subject Matter | Article |
THE
POLICE
AND
THE
LAW 247
slaughter, in a sudden quarrel or heat of passion.ro years; drunk
under such circumstances as to bring discredit upon the military
service, 3 months; drunk and disorderly in the same circum-
stances, 6 months.
All these sentences may include forfeitures of pay, and all
but
the
sentences for drunkenness include dishonourable discharge.
The
Police
and
the
Law
ARREST OF SUSPECTED
PERSON:
A
NEW
POINT
ONCE more the courts have been called upon to pronounce a
decision, Cohen v. Black (58
T.L.R.
3°6), on the real meaning of
the power to arrest asuspected person loitering with intent under
section 4 of the Vagrancy Act, 1824. Decisions in the last five years
have made it clear that for there to be a lawful arrest there must be
suspicious conduct on the part of the accused, observed by the person
making the arrest, and antecedent to the act which occasioned his
arrest.
The
effect of the new ruling is that evidence obtained by pooling
the joint observations of several police officers is admissible to establish
antecedent conduct bringing the accused person into the category of
suspected persons.
The
type of situation in Cohen v. Black is familiar in police practice.
A Mr. Collins in the clothing business suspected that Cohen was
offering him for sale stolen shirting material. He informed the police
who in consequence gave him certain instructions with a view to estab-
lishing Cohen's guilt.
Three
police officers were appointed to watch the
subsequent transactions. Cohen duly called again as he promised.
This
time the police were watching. Collins and Cohen were seen to drive
away in the latter's car and later returned. One of the police stated
that
he heard Cohen say, " I have tried to get him out of the shop with £200,"
and also alleged
that
he heard a confederate, who was also charged, say,
" See what pocket he puts the poke into." Another police officer said
that he heard Cohen say, " I have got to be careful with him,
but
Ithink
he will fall for
it."
Various other movements in the car were observed,
including the handing of a spanner to a confederate who was sitting at
the back behind Collins, and various remarks were overheard by one or
other of the police officers.
The
metropolitan magistrate convicted
Cohen of being a suspected person loitering with intent to commit a
felony and the London Quarter Sessions dismissed his appeal. On a
case stated the Divisional Court upheld the conviction.
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