ENFORCEMENT OF BYLAWS.

Gisborne Times, Volume LIII, Issue 5537, 20 July 1920, Page 3

ENFORCEMENT OF BYLAWS.

POSITION or POLICE

“BETWEEN DEVIL AND DEEP SEA.”

MAGISTRATE'S VIEWS

During t.lie hearing of a by-law case at the Magistrate's Court yesterday, Sub-Inspector Cassells remarked to His Worship that in dealing with these matters the police were merely endeavoring to carry out thir duty and nothing more. It seemed to him, j however, that they were in a somewhat j invidious position. In the first place the ; Council had complained about the ini' activity of the police, whilst others now complained that they were too rigorous in their execution of the law. To put the matter briefly the police were between the devil and the deep blue sea. “Iu my opinion," said Mr Barton, “the police need take no notice of either the devil or the deep sea. Their duty lies along a broad highway which, in my opinion, is well lighted by the following principles. They are the principles this court follows in dealing with by-law cases: — (1) A by-law offence, as a general rule, is not of such gravity as a statutory offence. It generally deals with non-moral acts, and calls for a reasonable observance only. The police use a reasonable discretion in giving warnings and in deciding when to prosecute. The court uses a reasonable discretion in viewing offences as nominal or in fixing a penalty. (2) A by-law offence becomes more like a crime when the act prohibited contains an element of danger to the public, or a disregard of public welfare, e.g., misuse of water in a dry season. (:l) It is aggravated by ail element of negligence as distinguished from inadvertence. (4) It is further aggravated by an element of wilfulness. (5) It is aggravated further by an element of defiance, shown by t a repetition of the offence by one offender, or bv neglect of warnings. (G) Defiance is a greater aggravation than wilfulness, and either is ‘•rea ter than negligence. In other words, the law distinguishes between those who stumble over it and t.iose who kick it. (7) A by-law offence may be aggravated by the status of the offender if liy liis position he owes to the community a special duty of respect to the. %in mitigation of offences _ the police and the court should considei, mere inadvertence, mishap, stress ot circumstances, youth and m reduction of penalty —poor financial stauu-in-r V £1 fine may he more severe on°one than a £lO fine, on another. (9) The mitigating circumstances above described lose weight and deserve less consideration when the anthorities are after due notice and warning—carrying out a campaign designed to raise the standard of conduct in certain matters. “I think no reasonable muni could question these principles and they m- ' ettcate the path of duty for the police ; and the court.” 1