ISSUE OF WARRANTS.

Star (Christchurch), Issue 17182, 27 October 1923, Page 5

ISSUE OF WARRANTS.

DISCRETION OF JUSTICES. (Special to the- “ Star.”) AAANGANUT, October 27. An interesting point in connection by Justices of the Peace was referred to at tho Magistrate’s Court this morning. Air Cohen appeared on behalf ot a client who had been arrested on a warrant applied for by his wife, and issued by a, Justice of the Peace. The case was before the Court yesterday, and was adjourned until today, when tlie applicant did not appear and the case was withdrawn. Mr Cohen, after explaining the circumstances, stated that Iris client was arrested on a paper signed ljy a Just-ic of the Peace. There pas no indication that any evidence had been given on oath to th© Justice before the warrant was signed. This was a matter of grave public interest. A warrant should only he issued when there was real reason to believo tliat the interests ot justice were likely to be defeated. A Justice of the Peace was not a mere automaton to sign papers without inquiry. Ho should use his discretion, ami exercise his power only in case the interests of justice might be defeated. It was a matter here of public comment. and justices should l>e made to realise that a man’s liberty was a •sacred thing, and that he was notto be deprived of it except on grave grounds, given on oath. Mr Cohen asked his V orship to give an expression of opinion in tho matter. Hie Magistrate (Air Barton) said that the point raised was most important. issued, to have tho matter complained of substantiated on oath. He did not know whether this had been done in this case. It was his practice, before issuing a warrant, to take evidence on ■oath from the applicant, which he would attach either to a, file or endorse on the information. The only oath now on the file was that the complainant suspected certain things. He would have inquiries made as to what the Justice did on this occasion. Warrants for arrest should not be issued unless on evidence tendered on oath. He went on co emphasise the importance of exercising care in issuing warrants, particularly under the Destitute Persons Act, which gave wider powers. Th© issue of warrants was frequently abused by wives who sought to niake it a weapon against their husbands.