ARREST WITHOUT WARRANT

Auckland Star, Volume XLIV, Issue 186, 6 August 1913, Page 8

ARREST WITHOUT WARRANT

AND THE POWER OP SEARCH SOME INTERESTING SUGGESTIONS (By Telesrapb.-I'arliinncatary Kep.ottcr.l WELLINGTON, Tuesday. In view of the proposals in the Polir, Offences Act Amendment Rill, wWci °; * already got through the Lower Cnn-i-it some observations by Inspector O'Don van, of Napier, en the subject of arm* without warrant are intcrectfaw "[ „ eider" .ho says, "that it would be v' visable to embody in the Police Force W power or authority to arrest, without possession of the warrant, any person fowhose arrest or commitment to prison ' warrant is known to exist. Ibis po*» has been in existence in New South Wales for many years. It is better that the power should exist than that h should be practised without authority and at the risk of the officer. This mi ; involve a repeal or modification of section (il of the Crime-, Act, 1908. Under sectim 203 of the Justice of the Peace Act, IOOS power is given to issue a warrant to search for goods which have been stolen, and under section 3G5 of the Crimes ifr 190S, power is Riven to obtain a warrant to search for«thirigs which afford evidencs of a crime for which the offender mat be arrested without warrant. Thers'art some serious crimes for which thY offender cannot be arrested without j warrant—for example, crimes relatin™ to abortion, scetions 220 to 223 of Crimes Act, and conspiracy to defraud under section 250. These are cases in which instruments, poison, drugs, and books are commonly exhibits as evidcnra of the crime, yet there is no power tc issue a warrant to search- for then though it is frequently desirable to do so before the arrest of the offender. Besides, the power of search accruing from tht arrest of accused is net sufficient to meet all possible requirement. The defects of section 305 of the Crimes Act have often been felt in practice."