The Police and the Law
| Published date | 01 April 1946 |
| Date | 01 April 1946 |
| DOI | http://doi.org/10.1177/0032258X4601900202 |
| Subject Matter | Article |
THE
POLICE
JOURNAL
in many cases not without regret, particularly in the loss of the comrade-
ship and mutual loyalty of the war years.
The
year will also see a large
number of well-earned and overdue pensions taken up, and the vacan-
cies filled by those who are selected for appointment as constables on
probation. Of the latter many will be reading THE
POLICE
JOURNAL
for
the first time. During the initial probationary period of a constable
there is much to read and to learn, from the Police Regulations and
conditions of service to
the"
Message"
of the Police Federation.
This
little pamphlet, first issued in 1925, contains much practical advice and
explains to the newly joined recruit the distinctions between a policeman
and other members of the community.
The
following extract from the
Message shows that what was true in 1925 is equally true
in
1946 :
" Service to the community in a great number of essential and
important aspects is the supreme ideal and ambition of the calling
you have undertaken.
Men
of balance and confidence are called for
who will be big enough to shoulder the great responsibilities and
difficulties which are bound to be theirs.
It
depends upon yourself
as an individual, and upon your own efforts and ambitions, whether
you will fit yourself to rise to all occasions and be a credit to your-
self, your Force, and the Service as a whole, as well as to the com-
munity in whose behalf your services are engaged. We assure you
that you will find it very well worth while."
The
Police and the Law
ARREST
WITHOUT
WARRANT
UNDER
STATUTE
AND
AT
COMMON
LAW
INthe law of arrest the distinction between an arrest made under
common law powers and an arrest made under the authority of a
statute is fundamental.
There
are circumstances, however, which
make it difficult to decide which of these two authorities should be relied
on to justify an arrest without warrant.
The
case of Leachinsky v.
Christie (1945,2
All
E.R.
395) in the Court of Appeal lays it down
that
the person making the arrest must be clear in his own mind whether he
is proceeding under statute or at common law, and that he must also
make it clear to the suspect whom he arrests what exact charge he has
in mind.
It
appears that the suspect must be told this at the very time
of the arrest.
The
recent case was an action for false imprisonment and trespass
to the person brought against members of the Liverpool City Police.
The
plaintiff carried on his business as a "
waste"
merchant in Liver-
84
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