POLICE POWERS

New Zealand Herald, Volume LXXIII, Issue 22539, 2 October 1936, Page 8

POLICE POWERS

QUESTION ING SUSPECTS - A SYDNEY RULING THE PRACTICAL ASPECT [from our own correspondent] SYDNEY, Sept. 21 Sydney police have been placed in a quandary by a ruling of the State's Chief Justice, Sir Frederick Jordan, during the herring of a claim against a d6tective-sert;eant and two constables for damages for wrongful arrest, falso imprisonment, and assault, brought by Robert T. P. Manners, whoso case was cabled. The Chief Justice said that the police officers relied on section 352 of the Crimes Act, which empowered the police to apprehend without a warrant persons whom they had reasonable cause to believo had committed an offence, but'it empowered them to do so only for the purpose of taking such persons before a magistrate to be charged. To do otherwise was to make a serious infringement cn a citizen's liberty. Though it was denied that Manners was' assaulted, it was not denied that he was arrested and detained against his will. Koach also admitted dragging Manners away from a window. That would, in itself, constitute an assault, because it was designed to deprive a citizen of his liberty. No Justification lor Action Accepting the evidence of the police officers themselves, the arrest and de tention of Marners were illegal. The\ had no reasonable ground for suspect ing'that Mam ers had committed i crime, but, even if they had such rea sonable ground, they would have had m justification for taking the actioi which, on thei;: own statements, the> took. The police had 110 right to detail Manners for the purpose of ascertain ing whether sufficient evidence could b< obtained to enable a charge to be madt against* him. It was not lawful to arres and imprison a citizen to see whethe: a case could be made out against him Effect on Investigation Since the comment of the Chief Jus tice, police officers, especially detec Lives, have been complaining that th< ruling has put a serious check on crimi investigation. Many senior officer; openly declare that, sooner than risi an action for damages, they will nofollow the long-recognised procedure o questioning a suspect. As a result, thei say, the chances of elucidating seriou: crimes are lessened. One detective-ser geant made the comment that the pub lie would suffer by the Chief Justice'! interpretation, as few police would tak< the chanco of being sued for interviewing a person whose guilt was stronglj suspected but Mho might be able tc put up a case which would not justify his arrest. Executive police officers, however, dc not support the contentions of those members of the force who are complaining. "It is all a question of the mannei of approach," said one. "In the force there are bounel. to be men who are brazen in the exercise of their powers and who fail to realise that an ounce of tact is worth more than a ton ol bombastic bounce, and that so long a; the liberties of the individual are seriously encroached on there will be com plaints."