The Police and the Law
| Date | 01 January 1943 |
| Published date | 01 January 1943 |
| DOI | 10.1177/0032258X4301600102 |
| Subject Matter | Article |
The
Police and the Law
COMPENSATION FOR
INJURY
THE decision in
Dempsey
v. Londonderry Corporation (1942,
N.!.
90)
is of wider importance
than
its solution of a problem arising out of
circumstances probably unique in the history of the police force. A
Head Constable in Northern Ireland had been murdered by a constable
in the same force and the widow applied for compensation under the
Criminal Injuries Acts and the Criminal Injuries (Ireland) Act, 1919.
The
Head Constable was killed when visiting the constable, who was
on night duty at the docks. No motive was alleged for the
murder
and
the constable shot himself immediately afterwards. Insanity was
alleged by the Corporation,
but
Lord
Justice Murphy, as Judge of
Assize, on appeal from the Recorder of Londonderry, held that there
was no evidence of insanity.
The
Acts in question direct compensation
to be paid for injuries received by a
constable"
in the execution of his
duty."
It
was argued by the Corporation, who resisted the claim of the
Head Constable's widow to compensation, that it was necessary to prove
that the murder was committed on account of the deceased being,
acting, or having acted as a police constable.
The
murderer was a fellow
member of the same force and this could not be proved.
But
the
Recorder and the Judge of Assize took a wider view of the words of the
Act: the deceased was on duty at the time and that was sufficient.
Compensation was payable to the widow in the same way as it would
have been if the deceased had
met
his death at the hands of a suspe.ct
while resisting arrest.
It
was argued in vain
that
if the words were
merely equivalent to " while on
duty"
manifest absurdity might result,
such as a claim for compensation if one civil servant assassinated another
for no apparent reason during working hours.
In
England special pensions may be payable under the Police
Pensions Act, 1921, section 12 (2), for injuries suffered by a constable
" in the execution of his
duty."
It
is likely that the same broad inter-
pretation of these words in the sense of " while on his
duty"
and not
" on account of his
duty"
would find favour in the English courts. A
constable who is injured when on duty by one who has no enmity
towards him as a constable
but
only as a man might be able to take
advantage of the decision in Dempsey v. Londonderry Corporation.
In
the great majority of cases, naturally, the injury is inflicted quaconstable
and not qua
man
and so no difficulty arises.
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