N.Z. POLICE COURT PRACTICE AND PROCEDURE.

Dominion, Volume 4, Issue 1061, 25 February 1911, Page 9

N.Z. POLICE COURT PRACTICE AND PROCEDURE.

Tins book (by F. W. Shortland, barrister) 'is virtually a l * socond and enlarged edition of the, author's earlier work, "A Pocket Guide for Justices of the I'eaCo aiid Polico Officers;" It contains tlio Justices of the l'cace Act, and its amendments, including tho amending Act of last session, enabling a-prisoner who is.unable to pay tlio whole of. a fine imposed upon linn, to pay a part of it, and get a proportionate reduction in tho term of imprisonment that was awarded in default of payment of tlio lino. Tlio book also sets out in exten'so ttlio Inferior.., Courts Prcccduro Act'; 1909, which ■prevents : \lj'e,. proceed*in^s; of inferior Courts from.' being set aside, on merely technical or 'formal grounds, tlio Polico Offences Act, 1908, the' Coroners Act, 1908, and tlio amending Act of the.-'same year, which did away with tho necessity of summoning a jury in every caso as a matter of course. Lastly, tho Evidence'Act> 1908, is'printod in full, followed^ by tlio rules,made by tho Judges under s}cction\3s-l of,tho Crim'cs' SLbt, dealiiifj 1 \ntnftho ccH>'ss-ex-amiiiation as to'previous convictions of accused persons who havo given, evidence for themselves. ' 'Interspersed anions tlio sections of tho nbove-anen-tioned Acts are' notes of a 'number, of decided cases bearing upon tho interpretation of. tho sections under which they nro. placed, tho cases thus cited being about 180 in number.. : '

Tho. book concludes with threo useful chapters, written in popular language, on important subjects connected with tho. administration of justice in Police Courts. The first comprises a digcst.of the law of evidence. . In the short spaco of nino.'pajjes tlio-author discusses rthoof this branch of;tho though from* tlio' point fof ,viow ! of tlio prosecution. ; 110 gives a useful warning, as to,tho necessity^of serving a defendant with notic'o to produce any notice or other document served upon him under statutory requirement, sinco othenviso tho prosecution cannot put in tho, copy of that document, and thus the caso may bo lost. ■It is not unusual to hear it said in . broad and general terms that drunkenness is 110 excuso for crime." But tho author properly points out that wliero interest is of tlio essence of tho crime, tho jury may consider whether a drunken man Was in'a condition to. or did, form tlio intent in question. • Ho also points, out that drunkenness and consequent delusions may assist to niako out a dcfcnco of provocation orself-<lefenco. • , - Tho rulo was somo years ago expressed that a married woman who took part in committing-a crimo was presumed to bo acting under her husband's coercion. This was a result of tlio old legal notion that a. mail • and his wifo .wcro one. The author , points out tho inroads that of late year's liav'o been made into this doctrine.

Tho second chapter deals with tho duties of Justices under various statutes. After warning Justices not to too readily issuo warrants of arrest and search warrants) tho author refers to some dozen Acts under which Justices have duties to perform, and gives a short description'of tho naturo of thoso duties. .

The last chaptcr relates to tho powers of. polico officers; Instructions aro given as to arrest, the executing of search warrants, and tho conduct of prosecutions in Court. In this chapter aro set out tlio remarks of -Mr. Justico Edwards on tho subject of detectives "badgering" a woman, supposed to be dying, with a view to getting a statement l'rom her, and tlio strictures of tho samo learned Judge on tho conduct of somo plain-clotlics detcctives who had set a trap for an old woman by asking her to read their hands. Tlio woman at first refused, saying slio had "given lip the p.ame,"/but was subsequently, persuaded to givo tho" readiiig. The hook further contains tho remarks of Sir Robert Stout, C.J., mado ill tlio case, Cliong v. Cox, as to when it is justifiable to handcuff an accused person.

The work should. provo very useful to Justices, solicitors, members of tho polico force, and all others concerned in tho administration of tho criminal law in the Lower Courts. ■ •