A B C D E F G H I J K L M N O P Q R S T U V W XYZ
Abandoning Children.—Every one who unlawfully abandons any child under the age of two years, whereby the life of such child is endangered, commits a misdemeanor. (Offences against the Person Act, 1861, s. 27.) (See CHILDREN, OFFENCES AGAINST ; REGISTRATION OF BIRTHS.)
Abduction.—1. Of Girls under Sixteen.— To take, or cause to be taken, out of the possession and against the will of a parent or guardian, any unmarried girl under sixteen years of age, is a misdemeanor. (Offences against the Person Act, 1861, s. 55.)
2. Of Girls under Eighteen.— To take or cause to be taken, out of the possession and against the will of a parent or lawful guardian, any unmarried girl under eighteen years of age, with intent that she should be unlawfully and carnally known, is a misdemeanor. (Criminal Law Amendment Act, 1885, s. 7.)
3. Abduction of a Woman.— If, with intent to marry or carnally know any woman, or cause her to be married, or carnally known, by any person, a woman, of any age, is by force taken away, or detained, against her will, it is felony. (Offences against the Person Act, 1861, ss. 53 and 54.) (See WOMEN AND GIRLS, OFFENCES AGAINST.)
4. Of Children.— (See CHILDREN, OFFENCES AGAINST (2).)
Abortion.—1. Abortion is the unlawful taking, or administration of poison, or other noxious thing, or the unlawful use of any instrument, or other means whatsoever, with intent to procure miscarriage. It is a felony, and if death ensues, it becomes murder. To supply, or procure, any drug or instrument for a like purpose, is a misdemeanor. (Offences against the Person Act, 1861, ss. 58 and 59.)
2. In cases of supposed abortion, immediate search should be made for bottles or boxes which contain, or may have contained, medicine or medicinal matter, and also for any instruments by which the offence may have been committed, as also for correspondence or advertisements leading up to it.
Absconding from Duty.— A constable absconding from his duty, or quitting it without giving one calendar month's notice, is liable to a penalty of £5, and to one month's imprisonment with hard labour, if he fails to deliver over the clothing and appointments supplied to him by the public service. (POLICE ACTS.)†† The Police Acts referred to are :-
(a) The Metropolitan Police Act (2 & 3 Vict. c. 47). (b) The City of London Police Act (2 & 3 Vict. c. xciv.). (c) The Town Police Clauses Acts (10 & 11 Vict. c. 89, and 52 & 53 Vict. c. 14), incorporated in most local Acts, and the provisions of which, as regards the regulation of the streets, fires, hackney carriages, and public bathing, are made applicable to every urban district (boroughs and local government districts), by the Public Health Act, 1875 (38 & 39 Vict. c. 55, s. 171).
The Constabulary Acts (2 & 3 Vict. c. 93 ; 3 & 4 Vict. c. 88 ; 19 & 20 Vict. c. 69 ; 22 & 23 Vict. c. 32), which frequently, as in this case, contain similar provisions.
Abusive Language.—1. The use of threatening, abusive or insulting language, or behaviour, justifies arrest without warrant, in extreme cases, if spoken in a constable's presence and a breach of the peace appears imminent. (POLICE ACTS.)
2. Otherwise, the name and address of the offender should be obtained, with a view to his being summoned; and a constable, before resorting to apprehension, should advise him to desist.
Access to Premises.— Police must constantly observe in what manner felonious access to premises is most likely to be attempted, and pay particular attention to those points in going their rounds, and call the attention of owners to any carelessness, such as leaving doors and windows open, or ladders about, likely to tempt a thief.
Accessories and Accomplices.—1. The term " accessory " only applies to felonies. There are two classes of accessories—those who are accessories before the fact, and those who are accessories after the fact.
2. An accessory before the fact is one who, though absent at the time the felony is committed, procures, abets, or instigates its commission. He may be indicted, convicted, and punished, precisely as if he were a principal. (Accessories and Abettors Act, 1861.)
3. An accessory after the fact is one (except married women screening their husbands) who, knowing a felony to have been committed, receives, comforts, or assists the felon, in such manner as to enable him to escape from punishment. He may be tried either as an accessory or as a principal.
4. There are no accessories in misdemeanor, but any person aiding, abetting or procuring a misdemeanor may be punished as a principal. This applies also to offences punishable on summary conviction.
5. The evidence of an accomplice always requires corroboration, i.e., a person is never convicted on the bare statement of another prisoner that he participated in the crime, without any independent evidence.
Accidental Death.— Death or bodily harm, accidentally caused by an act which is not unlawful, is not a criminal offence, unless accompanied by an omission to perform a legal duty. (See MANSLAUGHTER.)
Accidents.—1. Notice of any accident to an employe on any rail, tram, or other work authorised by Parliament, and incapacitating for three days, has to be sent to the Board of Trade.
2. Where there occurs in a factory or workshop any accident which either
(a) Causes loss of life to a person employed in the factory or workshop, or
(b) Causes to any person employed in the factory or workshop such bodily harm as to prevent him on any one of the three working days next after the occurrence of the accident from being employed for live hours on his ordinary work, written notice must be sent to the Inspector under the Workmen's Compensation Act for the District. (Notice of Accidents Acts, 1894 and 1906.)
3. In all cases of accident or illness in the streets or in public places, the police should render all assistance in their power. (See AID TO INJURED.)
4. The names and addresses of the sufferer, and the person causing the accident, and as far as possible of the persons witnessing it, together with any statements made, should be noted by the constable in his pocket-book; and the name and number of the constable present at the occurrence, or immediately afterwards, furnished if desired.
5. The points to which the police should attend in cases of accidents may be set down in the following order :-
(1) The welfare of the sufferer.
(2) The name and address of the person causing the accident.
(3) The regulation of the traffic.
(4) Watchfulness that advantage is not taken of the confusion to pick the pockets of bystanders.
(5) To see that the sufferer does not lose any property.
6. If a person is killed in an accident, it is advisable in all cases to take the person causing the death to the station, where the station officer will decide whether he should be charged.
7. Criminal proceedings should be instituted by police for offences in connection with accidents in the streets irrespective of whether civil proceedings are also contemplated, or have been commenced. If the proceeding should be adjourned sine die, pending the result of the civil proceedings, its reinstatement in the list can be subsequently considered.
Acquittal.— When once a person has been acquitted by a jury of any indictable offence, he cannot, under any circumstances, be again tried for it, whatever additional evidence is subsequently obtained. This is not the case with prisoners discharged by magistrates, who can be re-apprehended, if any new facts are brought to light.
Actions against Police.—1. It is necessary for every police officer to bear in mind, that, although protected by the law in all acts authorised by law, if he oversteps the legal boundary of his duty in the slightest degree, he is then answerable to the law, either criminally for the exercise of undue violence in performing an act, even although lawful in itself; or civilly, when damages may be recovered against him.
2. All actions against police for an act done in the exercise of their calling must be commenced within six calendar months of the cause arising. (Public Authorities Protection Act, 1893.)
Acts of Parliament.—Acts of Parliament form the statute law of the land. The duties of the police are, for the most part, defined by statute. Local Acts are distinguished from Public General Acts in the British Statute Book by the chapter of the former being enumerated in Roman figures, thus " XL."
The Common Law is that part of the law which is not contained in any statute, but has been the law of the land from time immemorial. Offences which are not defined in any statute are called " common law offences." Instances are:— Affray, compounding a felony, conspiracy, manslaughter, murder, nuisances, unlawful assembly, attempted suicide.
Adulteration of Food.—1. The Sale of Food and Drugs Acts, 1875 to 1907, form a code of laws to secure that the food of the people shall be pure and wholesome, and shall not be sold as other than what it is. The following are liable to penalties :—
2. Any medical officer of health, or other officer appointed by the local authority, may procure samples of food or drugs to be submitted to the public analyst.
(a) Any person mixing, or ordering, or permitting any other person to mix, with a view to sale, any ingredient or material, with any article of food (including beer, 48 & 49 Vict. c. 51, s. 8) so as to render it injurious to health, or with any drug so as to affect injuriously the quality or potency of the drug. (b) Any person knowingly selling any article of food or any drug so mixed. (c) Any person selling to the prejudice of the purchaser any article of food or any drug, which is not of the nature, substance, and quality demanded by the purchaser,— unless he can prove that he bought it as of the same nature, substance and quality as that demanded, and with a written guarantee to that effect, and that he sold it in the same state as when he bought it.
3. There are special provisions as to the adulteration of bread, beer, butter, seeds, &c.
4. By the Public Health Act, 1875, any medical officer of health or sanitary inspector may, at all reasonable times, enter any premises and inspect any animal, or article, whether solid or liquid, intended for the food of man and exposed for sale, or deposited for the purpose of preparation for sale, and if such animal or article appears to be unfit for the food of man, he may seize and carry away the same himself or by an assistant, in order to have it dealt with by a justice, who may inflict a fine of £20 and three months' imprisonment with hard labour, on the person to whom the same belongs.
Advertising Reward for the Return of Stolen Property.— Whoever publicly advertises a reward for the return of any property whatsoever, which has been stolen or lost, and implies that no questions will be asked, or that a reward will be given or paid without any inquiry being made after the person producing it, commits an offence, and is liable, with the printer and publisher, to a penalty of £50. (Larceny Act, 1861, s. 102; and Larceny Advertisements Act, 1870, s. 3.) (See COMPOUNDING FELONY ; DOG STEALING.)
Affidavit.— An affidavit is a written statement upon oath, which may be administered by a justice, or one of the numerous solicitors nominated for the purpose.
Affirmations.— Persons— Quakers and others— objecting from conscientious motives, to be sworn in criminal proceedings, are permitted to make, instead, a solemn affirmation. (Oaths Act, 1888.) (See OATH.)
Affray.— An affray is a fight in a public place to the terror of His Majesty's subjects. It is a misdemeanor for which a constable may arrest without warrant if committed in his presence. (See ASSAULT ; PRIZE FIGHTS.)
Agents, Frauds by.— (See EMBEZZLEMENT ; PREVENTION OF CORRUPTION ; TRUSTEES.)
Aid to the Injured.—1. In serious cases of illness or injury in the streets, medical aid should be immediately procured. Where an ambulance shelter, &c., is at hand and a hospital is easily accessible the patient should be removed there at once, but in outer or country districts it may often be advisable to summon the nearest doctor and await his arrival before removal, meanwhile affording such assistance to the patient as may be possible by following the principles of "First Aid" instruction, which should be part of the equipment of every constable.
It should always be borne in mind that a cab or similar vehicle is a very unsuitable means of transport in cases of insensibility, or of any injury to the head, or internal injury or fracture of the lower limbs or where such injury is suspected. An ambulance or stretcher should always be used whenever possible.
2. If persons wish to be removed to their own homes or some other destination other than a hospital their wishes should be complied with if practicable.
3. Relatives of persons found ill or injured and conveyed to institutions for treatment should always be acquainted as early as possible.
4. In slight cases of illness or injury not requiring medical treatment police should render any assistance possible at the time.
5. Full particulars of all cases of accident, illness or injury in the streets coming under notice of police should be procured at the time (including names and addresses of persons causing accidents) and reported at the station. The name and number of a constable taking a sufferer to a hospital, &c., should be supplied to the authorities at the institution.
6. The following simple rules for securing comfort to the sufferer should always be observed .-
(a) Prevent persons crowding around and excluding air.
(b) Loosen the collar.
(c) Raise the head. Moisten the forehead.
(d) Refrain from questioning the sufferer until sufficiently recovered.
(e) Move as carefully as possible on to the ambulance.
(f) Prevent any broken limb from hanging down.
(g) Arrest bleeding from arteries or veins by applying ligature, &c. (See STRETCHERS, TREATMENT OF PERSONS RESCUED, ETC.)
Aiding Prisoners to Escape.—(See ESCAPE OF PRISONERS.)
Alarm of Fire.— (See FIRES.)
Aliens.—The Aliens Act, 1905, provides that :—
1. "Immigrants" are all alien steerage passengers who are to be landed in the United Kingdom, except such as only do so in order to go within a reasonable time to some place outside the kingdom. An "immigrant ship" means a ship carrying more than twenty alien steerage passengers to be landed in the United Kingdom. The number twenty may be altered by the Home Secretary.
2. Immigrants may only be landed from an immigrant ship at a port where there is an immigration officer, and with that officer's consent, which must be refused if the immigrant is " undesirable." There is an appeal from the officer to an immigration board.
3. An immigrant is considered undesirable—
4. An alien may be expelled from the United Kingdom
(a) If he cannot show that he has in his possession or is in a position to obtain the means of decently supporting himself and his dependents. (b) If he is a lunatic or an idiot, or owing to any disease or infirmity appears likely to become a charge upon the rates or a detriment to the public. (c) If he has been sentenced in a foreign country for an offence for which he could have been extradited. (d) If an expulsion order has been made against him ; but admission must not be refused for want of means only to an immigrant who shows that he is seeking it solely to escape punishment or persecution on religious or political grounds, or that he was born in the United Kingdom, his father being a British subject.
5. If any alien, in whose case an expulsion order has been made, is at any time found within the United Kingdom, in contravention of the order, he is guilty of an offence under the Act, and liable to be apprehended and dealt with as a rogue and vagabond under section 4 of the Vagrancy Act, 1824.
(a) If it is certified to the Secretary of State for the Home Department by any court that the alien has been convicted by it of any felony or misdemeanor or other offence, for which the court has power to impose imprisonment without the option of a fine, or of an offence as a prostitute, and that expulsion is recommended, either in addition to or in lieu of sentence. (b) If it is certified within twelve months of the alien's last entry into the United Kingdom that the alien has been in receipt of any such parochial relief as disqualifies a person for the parliamentary franchise, or that he or she has been found wandering without ostensible means of subsistence or been living under insanitary conditions due to overcrowding, or has entered the United Kingdom since the passing of the Act, and has been sentenced in a foreign country for a crime for which he or she could have been extradited.
Anarchism.—1. The term "anarchist" is roughly applied to two classes of persons.
2. It has, however, often been found that when such an outrage is committed it is not by any person prominently known, but by some youth of a disordered imagination who had not previously come under notice of the authorities, and who had been infected by opinions learnt from others.
(a) The individual who advocates a political theory the main feature of which is an absence of any government or rule (this is the meaning of the word "anarchy") and occupies himself with conducting a propaganda by writing and speaking. This class of person is often, apart from the dangerous opinions he professes, harmless in himself. (b) The militant anarchist, i.e., one who occupies himself with the means of giving effect by physical force, if need be, to some such theory as mentioned above, and includes the plotting against the lives of Crowned Heads, Heads of States, or other highly-placed persons, and advocating their assassination.
3. It is part of the duty of police to keep themselves acquainted with clubs frequented by persons of this description, and to possess names, addresses, and characteristics of anarchists likely to engage in any act of outrage. If precise information can be obtained regarding the departure of anarchists to the Continent, it is advisable to acquaint the Commissioner of Police, New Scotland Yard, London, who will, if necessary, communicate to the foreign police concerned.
4. Apart from the offence of high treason (q.v.), it is a misdemeanor to conspire to murder, or to encourage or persuade anyone else to murder any person, whether a British subject or not, or whether he be in this country or elsewhere. (Offences against the Person Act, 1861, s. 4.)
5. In view of the great facilities given by modern weapons and explosives to the commission of outrages at public processions, &c., the greatest possible vigilance is called for on these occasions. No precautions should ever be neglected, no warning ever be unheeded. It is not the life alone of the Head of a State, or person in authority, which may be endangered. It is that of innocent spectators. In addition to securing the control of crowds upon special occasions, the free passage of a procession, the prevention of a rush from adjoining streets, steps should be taken that sufficient police in plain clothes either walk parallel to the carriage conveying the illustrious personages who may be the object of attack, on both sides of the roadway, or are posted thickly along the route. Their duties should be confined :-
4. Immediate steps should be taken to warn all police at railway stations and steamboat wharves as also those on fixed point duty, by telegraph, telephone, motor cars, and mounted messengers, as well as provincial and continental forces.
(a) To the prevention of outrage as far as practicable by vigilant observance of all persons, and being ready to stop any sudden spring from the line of spectators. (b) To the arrest of any offender. Should a bomb or infernal machine be thrown, such officers should be particularly instructed on no account to allow themselves to be distracted by care for the injured or preserving order, which will be attended to by uniform police, but apply themselves wholly to effecting the arrest of the miscreant. A suspected house should at once be surrounded and no person allowed to leave it without permission of a superior officer.
6. The greatest care will be necessary :-
7. The equerries, aides-de-camp and staff of an illustrious personage should, if a procession be suddenly halted, or a train is stationary either on departure or arrival at a railway station, or on arrival or departure from a place of ceremony, be alive to the possibility of attempted outrage, and afford such protection and take such precautionary measures, without exciting attention, as are possible, remembering that as their position entitles them to be close to the personage, they can do far more than police, who cannot obtrude themselves without causing annoyance. It is unfortunately to be remembered that the popularity of a personage is little protection, the anarchical idea aiming at the overthrow of all in authority.
(a) To have proof ready of the police character of the officer, for the mob becomes very violent and excited at such times and may endeavour to lynch a suspected person. (b) To disarm a person suspected, and promptly secure his hands, and see that he has no bomb in a pocket. (c) To prevent his committing suicide.
8. The Press can render great service by giving as little advertisement and notoriety as possible to anarchical acts and their perpetrators.
Animals.—1. Stealing any domestic animal (including horses, cattle, sheep, pigs, or fowls) is felony.
2. Stealing dogs or other animals ordinarily kept in confinement or for any domestic purpose, or deer in any forest or enclosed ground, or hares or rabbits in a warren, or fish in a private fishery, or oysters from an oyster bed, are misdemeanors. (Larceny Act, 1861, ss. 12-26.)
3. Unlawfully and maliciously killing, maiming or wounding any cattle (including horses, asses, pigs, &c.), is felony. (Malicious Damage Act, 1861, s. 40.)
4. Similar offences against dogs or other animals kept in a state of confinement or for any domestic purpose are misdemeanors (s. 41). (See CRUELTY TO ANIMALS ; DISEASES OF ANIMALS.)
Annoyance.— A person who annoys another by behaviour such as constantly following him or her, whereby a breach of the peace may occur, may be summoned, or in gross cases given into custody. (See ABUSIVE LANGUAGE.) (POLICE ACTS.)
Antecedents of Prisoners.—It is most important in the interests of Justice that the correct antecedents of prisoners should be brought to the knowledge of the Court, before sentence is passed, and especially in the case of first offenders. (See PROBATION OF OFFENDERS.)
As to prisoners who have a criminal record, see PREVIOUS CONVICTIONS; FINGER PRINTS.
Appeals.—1. A person sentenced by a Court of Summary Jurisdiction to imprisonment without the option of a fine can appeal to Quarter Sessions. (Summary Jurisdiction Act, 1879, s. 19. In the London Police Courts, the right of appeal is extended to cases where a fine of over £3 is inflicted.)
The defendant in a Court of Summary Jurisdiction can also require the Court to state a case for the consideration of the High Court of Justice, on any question of law. (Summary Jurisdiction Act, 1879, s. 33.)
2. A person convicted on indictment can appeal to the Court of Criminal Appeal
3. By the Criminal Appeal Rules, 1908, it is the duty of police to
(a) against his conviction upon a question of law ; and (b) with the leave of the Court of Criminal Appeal, or on the certificate of the judge who tried him that it is a fit case for appeal, on any ground which appears sufficient to the court, (c) with the leave of the Court of Criminal Appeal, against his sentence. (Criminal Appeal Act, 1907.)
(a) make inquiries for the Court with respect to persons offering themselves as sureties on behalf of appellants ; (b) report to the registrar upon the means and circumstances of appellants ; (c) carry out the directions of the registrar as to the service of any order for the production of any document, exhibit, or other thing connected with the proceedings ; (d) serve notices for the attendance of witnesses, advancing travelling expenses if it appears necessary.
Apprehension.—1. An apprehension is the taking of another person into custody, to answer according to law for some specified offence.
2. An apprehension is effected either by warrant or on the responsibility of the person carrying it out.
3. Every individual, who either sees a felony committed or knows one has been actually committed, may arrest the offender and hand him over to a constable. A constable is also justified in arresting on reasonable suspicion that a felony has been committed.
4. Application for a warrant is, however, advisable in all cases where the guilty party has gone beyond the jurisdiction, or if there is any suspicion that the object of the person aggrieved is rather to recover the stolen property than to enforce the law.
5. A constable cannot legally arrest without warrant for a misdemeanor unless (a) the statute creating the misdemeanor expressly gives him this power, or (b) a breach of the peace is taking place or is about to take place, and the arrest is necessary to prevent it. In other cases the proper course is to apply to a magistrate for process.
6. Any person may apprehend any person found committing an indictable offence in the night (9 p.m. to 6 a.m.) and convey or deliver him to a constable to be dealt with according to law, and if the person liable to be apprehended assaults or offers any violence to the person apprehending or detaining him, or to any person aiding or assisting him, such an offender is guilty of a misdemeanor and is liable to penal servitude. (Prevention of Offences Act, 1851, ss. 11 and 12.)
7. The following is a list of the principal crimes to arrest for which no warrant is required by law. It will be, however, desirable to take no action in the cases marked * unless a warrant has been issued.
*Abduction, *Abortion, *Accessories to Crime, *Accusation of Crime to obtain Money, Aggravated Assaults, Arson, Attempted Murder or other Attempted Felonies, Bestiality, *Bigamy, Burglary, Coining, Corrosive Fluid Throwing, Counterfeit Coin Uttering, Damaging Bridges, Demanding Money with Menaces, Embezzlement, Escape from Custody, *Extortion, *Forgery, Gunpowder or Dynamite Placing to endanger life or property, Horsestealing, Housebreaking, Larceny by any means, trick or otherwise, Manslaughter, Murder, Rape, Receiving Stolen Goods, Rescue from Custody, Riot, Robbery, Sacrilege, Sodomy, *Threatening-Letter Writing.
8. A lawful arrest on a criminal charge may be made anywhere, and at any hour of the day or night ; but police are not entitled to break open doors except in the execution of a warrant, or to arrest a felon, or to prevent a breach of the peace, or in a "hue and cry" after a person who has committed a felony or inflicted a dangerous wound. Even so, force should not be used till a peaceful entry has been demanded and refused.
9. An arrest should be made as quietly as possible, and unnecessary violence must be avoided. The prisoner should be treated with consideration so far as possible, but should not be lost sight of for a moment on any pretext. Police should be on their guard against attempts to commit suicide.
10. The usual way of effecting an arrest is to touch the shoulder of the accused lightly, and, if in plain clothes, say, " I am a police officer, and arrest you for ———" ; or, " I arrest you on this warrant for ———," reading the warrant to the prisoner as soon as possible. Once arrested a prisoner must be held securely to prevent escape.
11. Any statement by the prisoner at the time of arrest or afterwards should be carefully noted down as soon as possible in the very words used. No questions should be put to a person after he has been arrested, or indeed after it has been decided to arrest him, except such as may be necessary to ascertain whether he is the person wanted. (See LORD BRAMPTON'S ADDRESS ; CONFESSION ; PRISONERS ; SUSPECTED PERSONS ; WARRANTS.)
Apprentices.— Every one commits a misdemeanor who, being liable, either as a master or a mistress, to provide for any apprentice or servant necessary food, clothing or lodging, wilfully neglects to provide the same, or causes any bodily harm to such apprentice or servant, so that his or her health has been, or is likely to be, permanently injured. (Offences against the Person Act, 1861, s. 26.)
Areas.—1. Many serious offences against property are committed in towns by entries effected through areas.
2. Police should notice area-gates left open, and be on the watch for suspicious persons, termed "area sneaks," going down them, under pretence of buying broken food, old bottles, or selling cheap articles to the servants.
Argument.— There is nothing a police officer should more studiously avoid than argument. Suggestions should be courteously received, for they will often prove of value, and however ridiculous, it does no harm to hear them.
Armlets.—1. The armlet is the badge worn in most British forces on the coat-wrists of a sergeant or constable, showing that he is nominally on duty. He can never be strictly off duty, for his whole time belongs to the public.
2. The removal of the armlet during the hours prescribed for duty, either to procure drink, or for any purpose, is a serious offence against police discipline. (See MISCONDUCT OF POLICE.)
Arson.—Arson, or setting fire to a dwelling-house, is felony at common law ; other kinds of arson are defined by the Malicious Damage Act, 1861. (See DAMAGE TO PROPERTY.)
Assaults.—1. Assaults are of various kinds, viz., among others :-
(a) Common Assaults.
(b) Aggravated Assaults.
(c) Assaults causing actual Bodily Harm.
(d) Indecent Assaults.
(e) Assaults on Police.
2. A Common Assault is the beating, or it may be only the striking, or touching, of a person, or putting him or her in fear. It is punishable either on indictment or summarily. Police should never apprehend in such cases, unless they see the offence committed or the person assaulted bears marks of violence, but leave the party injured to summon the aggressor. (Offences against the Person Act, 1861, ss. 42 and 47.)
3. Aggravated Assault.— If the assault is evidently of a serious character, or on a female, or a boy under fourteen, a constable may, in such case, take into custody a person charged by another with having committed such offence, even without his having witnessed it. At the same time husbands and wives should not, as a rule, be interfered with. (See HUSBAND AND WIFE.)
4. Assault causing actual Bodily Harm.— Persons committing this offence may be apprehended by police, although the act was not witnessed by them. The offence is punishable on indictment by penal servitude or imprisonment (s. 47). (See WOUNDING.)
5. Indecent Assaults.— Such assaults when committed upon male persons are punishable by ten years' penal servitude, and when committed on females, by two years' imprisonment. It is not an assault if the person consented, except in the case of a girl under thirteen, when consent is no defence (ss. 52 and 62, and Criminal Law Amendment Act, 1880, s. 2). (See CHILDREN, OFFENCES AGAINST ; WOMEN AND GIRLS, OFFENCES AGAINST.)
6. Assaults on Police in the execution of their duty are punishable either on indictment or summarily, and in instituting proceedings for the offence, care should be taken to select the most applicable Statute. (Offences against the Person Act, 1861, s. 38; Prevention of Crimes Act, 1871, s. 12, and Police Acts.) These Statutes also apply to cases of resisting or obstructing police in the execution of their duty.
Assaults on the police sometimes arise from unnecessary interference, impetuosity, or loss of temper on the part of a young officer. Before such a charge is taken the circumstances should be strictly inquired into.
Assistance to Police.—1. A police constable may if necessary call upon any person to assist him in the execution of the law ; and if unable to arrest a prisoner alone, he should say to a bystander, " In the King's name I call upon you——————" (naming him if possible) "to assist me, a police officer, in the execution of my duty to convey this person to the police station."
2. To refuse, without physical impossibility or lawful excuse, is an indictable misdemeanor, and punishable by fine and imprisonment.
Assuming the Character of a Constable.— Any person who puts on the dress, or takes the name, designation or character of a constable, for the purpose of doing any act, which such person would not be entitled to do of his own authority, or for any other unlawful purpose, is liable to punishment. (POLICE ACTS.)
Attempted Crime.— Every attempt to commit an offence, whether felony or misdemeanor, is itself a misdemeanor, unless otherwise provided for, as in the case of attempted murder, which is a felony.
Attention.— When a police sergeant or constable is addressed by his Superintendent, Inspector, or other superior officer, he should invariably stand at attention, as also in the witness box, or when giving evidence before a Board of Inquiry. The same rule should be followed when the constable is addressed by a Judge or Magistrate, or an officer of the army or navy in uniform.
Attic Larcenies.—1. Many of the most serious burglaries and housebreakings in towns are committed by means of what are known as attic larcenies, that is, by the attic being entered through an adjacent empty house. Drawing-room balconies also afford facilities to a burglar, and, if necessary, householders should be warned to be on their guard if there is an empty house near at hand, or one "to let" in charge of a caretaker, who may be temporarily absent. Builders' foremen should be cautioned to secure ladders, and by means of a plank prevent their escalade at night.
2. When the police arrive, they should commence by ascertaining whether the thieves have left the house through which the entry was effected, for accidental circumstances may have hindered them. The doors—front, back, garden, and area—of the empty house should not be left unwatched until every room, closet, cupboard, larder, bootroom and cellar has been explored.
Baby Farming.-1. Any person undertaking for reward the nursing and maintenance of one or more infants under the age of seven apart from their parents for a longer period than 48 hours, must within 48 hours thereof give notice to the Local Authority.
The notice is to give the name, age, and sex of such infants, the name of the person receiving them, the address at which they will be kept, and the name and address of the person from whom the infants have been received. Notice must also be given of all deaths and changes of address.
Neglect to give such notices, or knowingly making any false statement in any notice, are offences punishable by imprisonment or fine.
2. It is an offence for any such person to attempt to insure the life of such infant.
3. The Local Authority may appoint infant protection visitors with power to enter premises to see that the infants are properly looked after, and may fix the number of infants which may be kept.
4. A justice, or the Local Authority, on the application of a visitor, may order the removal to a place of safety of any infant which is being kept in insanitary premises or by an unfit person, or otherwise in contravention of the Act. (Children Act, 1908, Part I.) (See CHILDREN.)
Backing Warrants.—(See WARRANTS )
Bail.—1. Bail is the guarantee, under pecuniary liability, to appear, or, to produce an accused person, to be tried according to law, at an appointed time and place. It is of two kinds :—
(a) That admitted by a Police Station Officer taking the charge.
(b) That allowed by a Judge or Magistrate.†
2. Admission to Bail by a Police Officer.—The Inspector, or other officer in charge of a police station, may, under the provisions of the Summary Jurisdiction Act, 1879, s. 38, and the Police Acts, admit to bail, with or without sureties, persons charged with any petty misdemeanor for which they are liable to be summarily convicted by a Magistrate—such as drunkenness, assault, disorderly conduct, carelessly doing any hurt or damage, &c. Persons who are in custody without warrant for any trifling offence, even light felonies, and cannot be taken before a Magistrate within 24 hours must be bailed provided that they are well known and not likely to escape. Persons under 16 in custody when the Police Courts are shut must be bailed unless the charge is a very grave one, or their release would tend to defeat the ends of justice, or it is desirable to remove them from bad associates. (See YOUTHFUL OFFENDERS and for Form of Recognizances, APPENDIX F.)
3. Persons remanded on bail who fail to appear may be summoned or apprehended on warrant for the original offence, and persons whose cases are postponed from one session to another and who abscond from bail are dealt with by the issue of bench warrants.
4. Sureties failing to produce principals may be summoned to show cause why the recognizance should not be forfeited, and why the sum due under the recognizance should not be paid.†Prisoners surrendering to their bail may be searched before being put into the dock if there is ground to suppose that they may be concealing arms or poison wherewith to commit suicide in the event of conviction. (11.0. Cir., October 5, 1903.)
Bailees.—A bailee is a person to whom goods are entrusted for a specific purpose. Application thereof to some other purpose, to defraud the principal, is larceny or theft. (Larceny Acts, 1861 and 1901.) (See LARCENY.)
Bank Notes, Forgery of.—It is felony
(a) To forge a bank note or any endorsement thereon, or knowingly to utter anything so forged, with intent to defraud. (b) To purchase, receive, or possess any forged bank note, knowing it to be forged and without lawful authority. (c) To make, use, or possess any instrument for making bank note paper, or to make, possess, or utter such paper without lawful authority. (Forgery Act, 1861, ss. 12-18.) (See FORGERY.)
Bank Notes, Lost or Stolen.-1. When English bank notes are either lost or stolen, notice should be given without delay at the Bank of England, and similarly at the principal office of the bank of issue in the case of other bank notes, so that they may be stopped. To do this, the amount, date, and number are necessary.
2. When a stopped note is paid into the Bank of England, notice is sent to the person stopping it, of the source from which it came to the bank, when inquiry can be made to trace through whose hands it passed. For this purpose mention should be made of all marks or endorsements, but the note itself cannot be sent for inspection, except to a branch of the Bank of England.
Bankrupts.—1. If a person leaves England, or attempts to leave England, with any property of £20 or upwards, in contemplation of bankruptcy, he commits a felony ; if with property of less value a misdemeanor, but the police will not be called upon to interfere until a person has been adjudged a fraudulent bankrupt. (Debtors Act, 1869, a. 12.)
2. Where an undischarged bankrupt obtains credit to the extent of £20 or upwards from any person without informing such person that he is an undischarged bankrupt, he commits a misdemeanor. (Bankruptcy Act, 1883, s. 31.) (See FALSE PRETENCES.)
3. There are many other offences under the above Acts, but as proceedings will be on warrant in the first instance it is not necessary to enumerate them here.
Bastardy.—The father of a child not born in wedlock is none the less bound to maintain it. He may be summoned by the mother, or the guardians of the parish to whom the child has become chargeable, and an affiliation order may be made on him for the payment of a sum not exceeding 5s. weekly till the child is 13, or, if the justices so order, 16. If the payments are not regularly made a warrant of arrest may be issued, and the amount due, together with costs, be recovered by distress, subject to imprisonment. (Bastardy Laws Amendment Act, 1872.)
Battery.—Battery, in the legal sense, includes every touching or laying hold of another, in an angry, revengeful, rude, insolent, or hostile manner. (See ASSAULT.)
Bawdy Houses.—(See BROTHELS.)
Beats.—1. The portion of ground to be protected by each constable is termed his beat.
2. The method of working beats must be frequently changed, and police be careful not to allow evil disposed persons to ascertain the system of working, and the consequent hour of absence from a given spot. The beat should be walked over, at about 2½ miles an hour. In towns, constables on day duty should keep near the curbstone and by night next the houses.
3. Apart from a close observance of all persons passing, so as to recognise any who have been advertised for arrest in the Police Gazette or Police Informations, or Hue and Cry, or come within the category of suspected persons, to be stopped and questioned (see SUSPECTED PERSONS), the following rules may be advantageously borne in mind by constables on beats :—
4. No money or other gift should be received by police for calling persons up in the morning. Though the police should, when they can, render this or any other service in their power to the inhabitants, this particular service is one which can be very rarely rendered, and when rendered, should be gratuitous.
(a) Not to loiter or gossip, but to work the beat continuously and regularly with eyes and ears constantly open and mouth shut. (b) To move smartly, and not slouch or look slovenly. (c) To answer all questions with civility and good temper. (d) To act quietly and discreetly, not interfering unnecessarily, but when need arises showing firmness and discretion. (e) Not to leave the beat except in cases of fire, accident, or other emergency, returning as soon as possible. (f) To mark places likely to be attempted by thieves ; and if the marks are disturbed, to ascertain the cause. (g) To see that doors, windows, gratings, cellar-flaps, fanlights, and places through which a thief might enter, or obtain access, are not left open.
Beer Houses.—(See INTOXICATING LIQUOR.)
Beggars.—Every person wandering abroad, or placing himself, or herself, in any public place to beg alms, or causing or procuring any child to do so, may be apprehended as an idle or disorderly person. (Vagrancy Act, 1824.) Beggars dressed as soldiers or sailors (see SOLDIERS), or exposing wounds, or deformities, to public view, in order to attract sympathy, should be especially noticed, as also children and others hawking collecting boxes for ostensible charity. (See CHILDREN, OFFENCES AGAINST ; ROGUES AND VAGABONDS; FALSE PRETENCES (6).)
Bells.—Every person who wilfully and wantonly disturbs any inhabitant, by pulling or ringing any door bell, or knocking at any door without lawful excuse, may be apprehended by any constable witnessing such act, without warrant, but preferably his name and address should be obtained for summons. (POLICE ACTS.) (See also CHIMNEY SWEEPERS.)
Bestiality.—Bestiality is the crime of men defiling themselves with beasts, and is punishable in England by a minimum sentence of 10 years' penal servitude. (Offences against the Person Act, 1861, s. 61.) It is desirable that such charges should be supported by at least two witnesses, and are not to be taken save on the clearest evidence.
Betting—Betting Houses.—1. Money won on a bet cannot be recovered in any court of law.
2. A common betting house is a place (including a temporary stand) kept or used for the purpose of betting between persons resorting thereto, or for the receipt by the owner, or other person, of any money or valuable thing as consideration for any undertaking to pay or give anything on any event or contingency, of or relating to any race, fight, game, sport, or exercise. (Betting Act, 1853, s. 1.)
Any Magistrate, upon complaint made before him on oath that there is reason to suspect any place to be used. as a betting house, may give authority by special warrant to any police officer to enter and to arrest, search, and bring before a Justice of the Peace, all such persons found therein, and to seize all lists, cards, or other documents relating to racing or betting, found in such house or premises. The Commissioner of Police of the Metropolis has similar power to grant a search warrant.
3. Persons found upon premises entered under a search warrant, and arrested therein, may be ordered to enter into recognizances with or without sureties as provided for by the Unlawful Games Act, 1542.
4. It has been decided that the habitual use of a house by a bookmaker for the mere purpose of paying out bets made previously and elsewhere is not an offence within section 1 of the Betting Act, 1853.
5. Betting in Public Places, the Street, or on Highways.—Every person playing or betting, by way of wagering or gaming, in any open and public place to which the public are permitted to have access, with any table or instrument of gaming, or any coin, cards, or other article, may be apprehended as a rogue and a vagabond. (Vagrant Act, 1873, s. 3.)
Roulette tables, three-card, and other fraudulent tricks at races and elsewhere come under this category.
6. Street Betting Act, 1906.—Any constable may take into custody without warrant any person frequenting or loitering in any highway, street, footway, passage, park, garden, beach or other place to which the public have access, for the purpose of bookmaking, betting, wagering, or agreeing to bet or wager, or paying or receiving or settling bets. All books, cards, papers and other articles relating to betting may at the same time be seized and detained. The Act does not, however, apply to any racecourse for horse racing on a race day. The penalty is £10 for a first offence, £20 for a second, £30 for a third, and imprisonment for three months—or if any betting transaction with a person under 16 is proved, the offender may be indicted and sentenced to a £50 fine and six months' imprisonment.
7. Persons exhibiting or publishing any placard, handbill or advertisement, making it appear that any house or place is used for betting are liable to a penalty of £30, or two months' hard labour. (Betting Act, 1853, s. 7.)
8. It is an offence to send, exhibit, or publish any letter, circular, telegram, placard, handbill or advertisement making it appear that information or advice will be given with regard to such betting transactions as are forbidden by section 1 of the Betting Act, 1853. (Betting Act 1874.)
9. The Betting and Loans (Infants) Act, 1892, makes it an offence for any person for profit to send documents to an infant inviting him to bet, or to apply to any person for information or advice relating to betting, or to borrow money.
Bicycles.—During the period between one hour after sunset and one hour before sunrise, every person riding a cycle must have attached thereto a lighted lamp so constructed and placed as to exhibit a light in the direction in which he is proceeding; and every cyclist upon overtaking and within a reasonable distance from and before passing a cart or carriage, beast of burden, or foot passengers, must give audible and sufficient warning of his approach, by sounding a bell or whistle, or otherwise. (Local Government Act, 1888, s. 85.)
Bicycles, tricycles, velocipedes, motor cars, cycles, and other similar machines, are deemed to be carriages, and subject to the provisions of the Highway Acts generally, so far as they apply. (See MOTOR CARS.)
Bigamy.—The felony of bigamy is committed by one who being legally married goes through a lawful form of marriage with any other person, during the life of his or her wife or husband.† (Offences against the Person Act, 1861, s. 57.)† In cases of bigamy as in others of a like, so to say, domestic nature, a warrant should be invariably applied for before police proceed to an arrest except on the strongest evidence of facts.
Bill in Criminal Cases.—The bill in a criminal case is the indictment preferred to a grand jury.
Billiards and Bagatelle.-1. Every person keeping any public billiard table, or bagatelle board, or instrument used in any game of like kind, for public use, without being duly licensed so to do, and not holding a victualler's licence, is liable to a penalty. (Gaming Act, 1845, s. 11.)
2. Licences for billiards are granted or transferred at Licensing Sessions. "Licensed for Billiards" must be conspicuously displayed, and there must be no play before 8 a.m., or on a licensed victualler's premises except when they can be open by law for the sale of liquor.
3. All police officers may enter any house, room or place, where any public table or board is kept for playing at billiards, bagatelle, or any game of a like kind, when and so often as is necessary, but it should not be done without the authority of a Superintendent or Inspector (s. 14).
Birds.-1. Any person not the owner or occupier of any land, or person authorised by him, who between March 1st and August 1st knowingly and wilfully shoots, or attempts to shoot, any wild bird, or uses any lime, trap, net, or other instrument for the purpose of taking any wild bird, or exposes or offers for sale, or has in his possession, after the 15th of March, any wild bird recently killed or taken, commits an offence. (Wild Birds Protection Acts, 1880 to 1908.)
2. Any person may require an offender to give his Christian name, surname, and place of abode, and in case of refusal, or giving an untrue name or place of abode, he is liable to a further penalty.
3. By the Wild Birds Protection Act, 1896, the Secretary of State, on the application of a County Council, may extend or vary the close time, either for all wild birds, or for particular kinds.
4. The Secretary of State may also make Orders under the Wild Birds Protection Act, 1894, prohibiting the taking or destroying of wild birds' eggs in any county or any part thereof.
5. The fixing or placing on any pole, tree, or cairn of stones or earth of any spring, trap, gin, or other instrument calculated to cause bodily injury to any wild bird coming in contact therewith, or knowingly permitting such trap to be so affixed or set, renders the offender liable to a fine of 40s. or for a second or subsequent offence to a fine of £5. (Act of 1904.)
6. Taking or attempting to take any wild bird by means of a hook or similar instrument is an offence. (Act of 1908.)
7. Cruelty to Birds.—(See CRUELTY TO ANIMALS.)
Bird Stealing.(See ANIMALS ; LARCENY ; POACHING.)
Blackmail.—(See THREATS AND THREATENING LETTERS.)
Bonds.—A bond is a written acknowledgment of a debt under seal. Forgery of a bond, or uttering a bond knowing it to be forged or altered, is punishable by penal servitude. (Forgery Act, 1861, s. 20.)
Bonfires.—Persons making bonfires in the streets or on highways, within view of a constable, may be apprehended, and are liable to a penalty. (POLICE ACTS.)
Borrowing Money—1. Police officers, who borrow or attempt to borrow money from a subordinate, or from a licensed victualler, or any person licensed by the police authorities, render themselves liable to immediate dismissal.
2. Constables who lend money to a superior in rank are liable to punishment.
Boxing Contests.—(See PRIZE FIGHTS.)
Bravery, Acts of.—(See MEDALS.)
Breach of the Peace.—A breach of the peace is any violation of that quiet, peace, and security, which is guaranteed by the laws, for the personal comfort of every individual. Any person may act as a peace officer, and it is the duty of a police officer to arrest any one committing a breach of the peace in his presence. (See AFFRAY ; ASSAULT.)
Bribery of Police.—1. The bribery of police would generally be attempted to turn them from their duty in a criminal proceeding. In such cases the offence is either in the nature of a conspiracy to defeat the ends of justice, or the misdemeanor of dissuading a witness from testifying (see those headings). The bribery must be entirely spontaneous, and in no way invited. (See INTOXICATING LIQUOR ; HARBOURING POLICE.)
2. A police officer who accepts a bribe puts himself entirely in the power of the person bribing. His identity being known by the number on his collar, he is always liable to be reported, and if guilty is certain of dismissal. The acceptance too of small gratuities or drinks for trifling services lowers the character of the force and debases the individual.
3. The giving to or taking of any bribe by any public officer or servant for an official act is a misdemeanor. (See OFFICIAL SECRETS ; PREVENTION OF CORRUPTION.)
Bridges.-1. Every one is guilty of a misdemeanour who, being bound by law to repair a bridge, fails to do.
2. Every one commits a felony who pulls, or throws down, or in any way destroys any bridge, or any viaduct or aqueduct over or under which any highway, railway, or canal passes. (See DAMAGE TO PROPERTY; RAILWAYS.)
3. County and Borough Councils may by byelaws prohibit or restrict the use of a locomotive on any specified bridge in their County or Borough.
Any person offending is liable to a penalty of £5. (Locomotives Act, 1898.)
4. No locomotive or heavy motor car, the axle weight of which exceeds 6 tons (Heavy Motor Car Order, 1904), shall be taken across any bridge so as to meet or pass any other locomotive upon such bridge.
Brothels.—(See DISORDERLY HOUSES.) 1. A brothel or common bawdy house is a house or room, or set of rooms, kept for the purpose of prostitution. To keep a brothel in England to the annoyance of two inhabitants who will prosecute is a common nuisance. (See COMMON NUISANCE.)
2. Any person who-
3. As to detention of women in brothels, see WOMEN AND GIRLS, OFFENCES AGAINST.
(a) keeps, or manages, or assists in the management of a brothel, or (b) being the landlord, tenant, lessee, or occupier of any premises, knowingly permits such premises, or any part thereof, to be used as a brothel, or for the purposes of habitual prostitution, shall on summary conviction be liable to a fine of £20 for a first offence, or to three months' imprisonment with hard labour, and to a fine of £40 for a second conviction or to four months' imprisonment with hard labour, or on a third or subsequent conviction may in addition be required to find sureties to be of good behaviour for twelve months, subject to appeal to Quarter Sessions. (Criminal Law Amendment Act, 1885.)
Burden of Proof.—The burden, or as it is sometimes called, onus, of proving that any person has been guilty of a crime, or wrongful act, is on the person who asserts it. It is, therefore, in criminal proceedings, for the prosecution to prove the prisoner guilty, and until this has been done he is presumed to be innocent.
Burglary.-1. Burglary is the breaking and entering by night into, or out of, a dwelling house, with intent to commit a felony. (See DWELLING HOUSE; HOUSEBREAKING.)
2. To constitute the offence of burglary there must be five essential conditions :-
3. Burglary will be best detected by the alacrity of the constables on beat duty, who, besides watching for marks disturbed, for doors, shutters, and windows forced, for lights at unusual hours, in their ordinary duty, should let no suspicious person (see SUSPECTED PERSONS) pass them, at an unreasonable time, without calling upon him civilly to explain his business and show in the interests of the public that the contents of a bag or bundle he or she may be carrying is not other than lawful.
(a) "The night time," that is between nine in the evening and six in the morning. (b) "A dwelling house," that is a permanent building in which some person habitually sleeps. (c) "A breaking," that is by either breaking or taking out the glass of a window, or in any way opening it, picking a lock, opening it with a key, lifting the latch of a door, or unloosening any fastening, either to get in or get out, or obtaining an entrance by any threat or artifice used for that purpose, or by collusion with any person in the house, or by entering an open door or window, and subsequently breaking or unlocking an inner door, or by a servant or person lodging in a house or inn opening and entering a door with felonious intent. (1 Hale, 553.) (d) "An entry," that is the introduction of any part of the body into the house, such as putting a hand in at a window to draw out goods. (e) "A felonious intent," that is a design to commit theft, murder, rape, or some other felony, whether actually perpetrated or not.
4. When a burglary has been committed, every effort must be made to ascertain who the delinquent is. His description, if ascertainable, should be circulated at once in the force and the adjacent districts, and transmitted to the Police Gazette Office.
5. Finger prints should be carefully searched for on doors and window frames, windows, or safes, drawers, jewellery or plate cases, decanters, glasses, or other articles the burglar may have touched intentionally or accidentally, and in the case of ladder larcenies the ladders should be carefully examined to like end, as well as any gates or stiles the burglar may have had to pass. If such finger prints be found they should be carefully preserved, and photographed as soon as possible and the photograph sent to New Scotland Yard. If the burglar has been previously convicted he will probably be identified and traced by these means. (See FINGER PRINT SYSTEM OF IDENTIFICATION.)
6. No time should be lost in obtaining as accurate a description as possible of the stolen property, and particularly of any having special marks of identity—peculiar shape, inscriptions, crest ; sketches being obtained if possible.
The lists should be circulated as widely as possible.
If printed on bills, care should be taken that they are in proper legal form. (See REWARD BILLS.)
7. In the case of burglary, almost more than in any other crime, it is important to act with the utmost promptitude and dispatch, and the fact of a serious burglary having occurred should be notified by telegraph, telephone, mounted messengers, motor-cars, and cyclists, far and near, without the loss of a moment.
8. Police approaching a house in which burglars are supposed to be, as also the inhabitants themselves, should first make sure that the retreat of the thieves is cut off, for there are not wanting instances of a too eager search giving them the opportunity to escape. Early morning trams and 'buses, and roads or bridges on which the thieves may escape, on bicycles, in motors, on horseback, or in light carts, concealed on the floor under sacking, should be carefully watched.
Burial.—Everyone commits a misdemeanor who prevents the burial of any dead body, or who without authority disinters a dead body ; or who, being legally bound to bury a dead body, and having the means, neglects to do so; or who buries or otherwise disposes of a dead body, on which an inquest ought to be held, without giving notice to a coroner. (See DEAD BODIES.)
Byelaws.—The County Councils are empowered under the provisions of section 16 of the Local Government Act, 1888, Borough Councils under section 23 of the Municipal Corporations Act, 1882, and Metropolitan Borough Councils under the. London Government Act, 1899, to make byelaws for the good rule and government of a county or borough, and under other Acts for the purposes specified therein.
Byelaws have been made on all sorts of subjects, such as the erection of buildings, advertisements, the management of parks, tramways, &c., street-cleaning, street noises, indecency, spitting, and so forth, but they vary in different localities and cannot be summarised here.
Offences are usually punished by fines of from 40s. to £5, and imprisonment in default of payment. As a rule there is no power to arrest offenders ; but sometimes this power is expressly given, either unconditionally or if the offender's name and address are unknown.
Cabs.—1. The police are frequently appealed to in disputes between the public and fly, car, motor, or cab-drivers. In such cases they should give any reasonable help, and advise the complainant to address himself to the nearest police court or station.
2. Police observing any cab horse unfit for use, or any cab in a dirty or broken condition, should take the number, note the appearance of the horse, and report the same, on going off duty, with a view to the institution of proper inquiry. If the driver of a hackney carriage, or driver or conductor of an omnibus, or of a motor car, is to blame in any matter, the number of the vehicle should be taken, and police must do this on the requisition of any individual. The badge-number will identify the offender.
3. The numbers of public carriages, whose drivers commit any of the following offences, should be taken, with a view to their being summoned :—
(a) Plying for hire at unauthorised places.
(b) Standing across the end of a street longer than is necessary for taking up or setting down.
(c) Leaving a carriage unattended, especially outside public-houses—a frequent source of accident.
(d) Causing obstruction by loitering, crawling, or other wilful misbehaviour.
(e) Refusing to give way to any other carriage.
(f) Forcibly or clandestinely taking a fare away from another.
4. At the same time, it is not desirable that the law on the above heads should be harshly exercised, nor until a caution has been given, except in the case of persistent offenders, whose wilful disregard of the conditions of their licence is manifest ; but no instance should be passed over of—
5. The drivers of taxicabs are required to comply with the law and regulations controlling the use of motors, and also to conform with any regulations of the local police authority.
(a) Plying for hire without a licence, or with an unlicensed cab. (b) Wanton or furious driving. (c) Causing hurt or damage to persons or property in any highway, by careless or wilful misbehaviour. (d) Being drunk in charge of a public carriage. (The cabman should be arrested, horse-cabs being taken to the station, and taxi-cabs left in charge of another constable, and a telegram or message sent to the proprietor to fetch them.) (e) Using insulting or abusive language, or being guilty of insulting gesture or behaviour. (POLICE ACTS.)
Cab Ranks.-1. Police, on cab rank duty, should especially study Printed Informations and the Police Gazette, having many opportunities of rendering valuable service. They should see that cabmen obey any regulations made for the management of cab ranks.
2. The principal duties of police at cab standings are :-
(a) To examine every cab, and horse drawing the same, placed on the standings of which they have charge, and to report all cases where carriages or horses are not in every respect fit for public use, and also when the harness is defective or unsound. (b) To inform cab drivers as to the position the carriages are to take at the cab standings, to see that each cab moves up in rotation, and prevent nuisance or annoyance to the inhabitants. (c) Not to allow more than the authorised number of carriages on any standing. (d) To report all cases of misconduct, bad language, drunkenness or incivility by drivers, and to pay special attention to cases of furious or wanton driving. (e) Not to allow drivers of cabs to stand together upon the footway, or to cause any obstruction or annoyance. (f) To pay special attention to unlicensed drivers (known as"Bucks ") who loiter about the neighbourhood of cab stands (g) To observe and report when the tables of distances, tablets, &c., are defaced or otherwise illegible in order that fresh ones may be supplied.
Any person detected wilfully defacing any table or tablet is liable to be proceeded against under the Malicious Damage Act, 1861, s. 52.
Cardsharping.—(See BETTING ; CHEATING ; GAMING HOUSES.)
Carriages.—1. All royal carriages conveying royal personages or the King's representative, should be allowed to pass without interruption at all times, and every facility should be given by the police to enable them to do so without falling into the rank, if one has been formed.
2. Any carriage with company going to a ball, party, theatre, &c. should be allowed to pass empty carriages waiting, or going to take up their company, and drawing up to the entrance, set down immediately, and drive away. Any carriage waiting to take up company at the same time, should wait until the carriage which has just set down company has drawn off.
3. Whenever means are provided, by covered awning, &c., for several carriages to set down or take up company at the same time, the police should arrange that as many carriages draw up together in front of the doors, &c., as the space admits of ; and for this purpose the foremost carriage should be required to go on to the furthest door or point, in the line in which they are to move away. In carrying this into effect, great discretion should be used by the police employed, that danger or annoyance may not be caused, and no carriage should be required to move forward at a moment when the owner is about to enter or leave it.
4. When there are streets crossing or coming together at a point, carriages should be admitted by a few at a time alternately from the several streets, to pass across, or fall into a line, if one has been formed. This arrangement should be carried out especially when great numbers of carriages are going to one place, and on all public occasions.
5. Carriages formed in line should not be allowed to obstruct the crossings of streets or the entrances to private houses, where other carriages are going to set down or take up company.
6. The police on duty regulating carriages, at parties, theatres, &c., should not interfere unnecessarily, and when they do, it should be done quietly and civilly, and not in a tone or manner calculated to give offence or provoke resistance. Police should not accept " tips " for little acts of courtesy at parties, such as calling up a carriage or opening a door. It lowers their authority with the public.
7. The police must not lay hold of the bridles of horses or the machinery of a motor car unless absolutely necessary to prevent an accident, or the escape of a driver who has committed a serious offence. Under no circumstances should reins be unbuckled.
8. A coachman or motor chauffeur should not be taken off his seat and charged with an offence unless it is absolutely necessary that he should be arrested. In this case the person to whom the carriage belongs must be informed as early as possible.
9. In crowded thoroughfares, rugs and other articles are frequently stolen from open carriages, or broughams or motors, which are waiting for their owners. Police should be on the watch for this class of offence.
Cattle Plague.—(See DISEASES OF ANIMALS.)
Cattle Stealing, Maiming, Killing, &c.—(See ANIMALS.)
Cattle Straying.-1. Cattle found straying should be taken to the greenyard or pound, and a description of them circulated. The owners may be summoned. (See GREENYARDS.) (Highway Act, 1864, s. 25.)
2. If the owner of any animal sent to a greenyard or pound by police cannot be found after the expiration of seven clear days from the time of impounding, the animal may be sold at any public market after three days' public printed notice thereof has been given, such notice to be given on the fifth day after impounding.
Causing Death.—(See ACCIDENTAL DEATH and KILLING.)
Cautions.—When any offence is prevalent in a particular locality, or there is need for any special care on the part of householders, bankers, or any trade, a cautionary notice, in concise and moderate language, may be most advantageously issued under the authority of the chief officer of police to put people on their guard.
Cautioning a Prisoner or Suspect.—It is not possible to lay down an exhaustive rule as to when a person should or should not be cautioned by a police officer that his statement may be used against him in evidence, as much depends upon the circumstances of each case ; but the following rules at any rate should be acted upon by all police officers :-
(a) If it becomes necessary to question a person in custody, or whose arrest is intended, he should always be cautioned first. (See QUESTIONING.) (b) If in the course of questioning a person in connection with an offence that has been committed his answers make it clear that he must be charged, he should immediately be told that he will be charged, and should be cautioned before he continues any statement he is making. (c) When a person makes a voluntary statement to police, in the course of which he incriminates himself, and it appears that he does not realise the fact that he is confessing a crime, he should be cautioned, and his position explained to him. (See CONFESSIONS, also LORD BRAMPTON'S ADDRESS.)
Cells.-1. Cells should be kept very clean and well ventilated disinfectants being frequently used. The door must always be carefully double-locked and bolted upon a prisoner, and the inspection wicket fastened after each visit. Every prisoner should be visited at least every hour, and drunken persons every half hour, or oftener in cases of illness, the keys being kept by the station officer. Special attention should be paid to prisoners who are likely to attempt suicide.
2. When a prisoner detained on a charge of drunkenness does not show signs of recovery in a reasonable time a medical opinion should be called in.
3. Police should not enter cells in which females are detained, unless accompanied by a matron or respectable female, or by another officer.
4. No person should be ever allowed to visit occupied cells from motives of curiosity.
5. Great care must be taken to prevent prisoners communicating with each other, and, in serious cases, an empty cell should if possible separate accomplices.
Cemeteries.-1. Any person wantonly destroying or injuring any building, fence, gravestone, tree, or plant, in a cemetery, or otherwise misconducting himself therein, is guilty of a misdemeanor. (See DAMAGE TO PROPERTY.)
2. In the event of a cemetery having been placed under the control of a Local Authority, offences respecting such cemetery should be dealt with under the bye-laws of the Local Authority.
Chaff-cutting Machines.—A chaff-cutting machine worked by other than manual power must be of such construction or fitted with such apparatus or contrivance as to prevent the hand or arm of the person feeding the machine from being drawn between the rollers to the knives.
The fly wheel and knives of every such machine must be kept sufficiently and securely fenced at all times during the working thereof.
Any person permitting to be worked any machine belonging to him or used for his service or benefit which does not comply with these requirements, or any foreman or other person in charge of a machine which does not comply with these requirements, or any person during the working of such machine unnecessarily removing any guard or fence, is liable to a penalty of £5.
Any constable, acting on the authority of an Officer of Police not below the rank of an Inspector, may at any time enter any premises on which he has reasonable cause to believe that a chaff-cutting machine which does not comply with these requirements is being worked, for the purpose of inspecting such machine. (Chaff-Cutting Machines (Accidents) Act, 1897.)
Challenging to Fight.—Everyone commits a misdemeanor who challenges any other person to fight a duel, or who endeavours, by words or by writings, to provoke any other person to send a challenge to fight or to commit a breach of the peace.
Character, Evidence of.—In criminal proceedings the fact that a prisoner bears a good character may be of importance as showing that he is unlikely to have committed the offence, and police should always be ready when questioned by the defence to state all that is known favourable to the prisoner. The fact that he has a bad character is generally immaterial on the question of his guilt or innocence (But see PREVIOUS CONVICTIONS.)
Charges.-1. When prisoners are brought to police stations and charged with any offence, the statements of persons charging, of witnesses, and of police, must be made to the officer on duty, in the presence and hearing of the prisoners.
2. Before accepting a charge the officer in charge of the station should satisfy himself that the offence is one for which it is legal to arrest without warrant, and that there is some evidence to support the charge ; otherwise he should refuse it.
3. No statement relative to the charge should be made except in the hearing and presence of the prisoner.
4. Good order should be strictly preserved whilst the witnesses are giving evidence, and their statements, as well as any made by the person charged, should be patiently and attentively heard.
5. Persons who come to a police station as witnesses or spectators, when a charge is being made, should not be taken into custody and charged with being concerned in the offence. Such a practice may prevent persons from appearing who can give important evidence, and has the appearance of a desire by the police to suppress evidence in the case, especially where the charge is for an assault on the police themselves, or for obstructing them in the performance of their duty. If persons against whom a charge ought to be made, and who have not been previously arrested, come to the station as witnesses, their names and addresses should be asked, and their personal recognisance taken to appear before the Magistrate.
Charge of Stations.-1. Inspectors and Sergeants in charge of stations should always bear in mind that on them rests, not only the credit of the police service, but also the responsibility for the legality of all police action within their control.
2. They should treat all persons having business at the station with becoming respect and civility, and with a manifest desire to assist without avoidable delay.
Chattel.—A chattel is any kind of property other than land.
Cheating at Play.—Everyone is guilty of obtaining money by false pretences, with intent to cheat or defraud, who wins from any other person any sum of money or valuable thing, by any fraud or unlawful device, or ill practice, in playing at any game. (Gaming Act, 1845, s. 17.)
Children Found.—Children lost by their parents, and found by the police, should be taken to the station, and their friends informed, if they can say who they are and whence they came ; if not, their description should be circulated, and after a reasonable time has elapsed to allow of their being owned, they should be sent to the workhouse.
Children Found Dead.—Congenital or birth marks, as well as finger prints, should be particularly sought for in the case of children found dead, and inquiry made among accoucheurs and midwives. (See INFANTICIDE.)
Children's Offences.—No act of a child, under seven years of age, is a crime, nor yet under fourteen years of age, unless it can be shown or reasonably inferred that the person knew the particular act to be wrong. Youthful offenders are dealt with under special regulations, designed to prevent their contamination by older prisoners. (See INDUSTRIAL SCHOOLS ; REFORMATORIES ; YOUTHFUL OFFENDERS.)
Children, Offences Against.-1. The expression "child" means a person who is under the age of fourteen years. "Young person" means a person between fourteen and sixteen. (Children Act, 1908, s. 156.)
2. Child stealing is a felony. Unlawfully to decoy, or entice away, or detain any child under fourteen years of age, constitutes the offence. (Offences against the Person Act, 1861, s. 56.)
3. To receive or harbour any such child, knowing it to have been so dealt with, intending to deprive any parent or guardian, or other person having the lawful care or charge of such child, of the possession of it, or with intent to steal any article about or on the person of such child, entails the same punishment.
4. Child abandonment.—(See ABANDONING CHILDREN.)
5. Defilement of Children.—Every one is guilty of felony, who unlawfully and carnally knows and abuses any girl under the age of thirteen years, even with her consent. Any such attempt is a misdemeanor. (See ASSAULT; WOMEN AND GIRLS, OFFENCES AGAINST.)
6. Every one commits a misdemeanor who unlawfully and carnally knows and abuses any girl even with her consent, or attempts to do so, between thirteen and sixteen years of age. Proceedings must be taken within six months. (Criminal Law Amendment Act, 1885, ss. 4 and 5.)
7. A person found drunk in any public place or on licensed premises while in charge of a child under 7 may be apprehended, and on conviction is liable to a fine of 40s. or one month's imprisonment with hard labour. (Licensing Act, 1902, s. 2.)
8. Dangerous Performances by Children.—Any person causing any male child under the age of sixteen years, and any female child under the ago of eighteen years, to take part in any public exhibition or performance, whereby its life is endangered, is liable to a penalty, as well as the parent or guardian aiding and abetting the same. (Children's Dangerous Performances Act, 1879.) But by the Dangerous Performances Act, 1897, no prosecution or other proceeding can be instituted for an offence against the first-named Act, except where an accident causing actual bodily harm occurs to any child, without the consent in writing of the Chief Officer of Police of the police area in which the offence is committed.
9. Children and Intoxicating Liquor.—(a) It is an offence for a publican to sell or permit to be sold any spirits to a person under sixteen. (Licensing Act, 1910, s. 67.)
(b) Any holder of a licence who knowingly sells or delivers, except at the residence or working place of the purchaser, any intoxicating liquor to a child under the age of fourteen, except in a corked or sealed vessel, holding not less than a pint, is liable to a penalty of 40s. for a first offence or £5 subsequently, as also any person sending a child under fourteen to a place where intoxicating liquors are sold for the purpose of obtaining any for consumption off the premises by any person (s. 68).
(c) It is an offence for a publican to permit any child under fourteen to be in the bar of his licensed premises, except during closing time. (Children Act, 1908, s. 120.)
(d) It is an offence for any person to give intoxicating liquor to a child under five, except on a doctor's orders or in case of sickness (s. 119).
10. Prevention of Cruelty to Children.†—Any person over sixteen who wilfully ill-treats or neglects any child or young person under sixteen, in a manner likely to cause unnecessary suffering, or to be injurious to health, is guilty of misdemeanor. This includes a parent or guardian failing to provide adequate food, clothing, medical aid or lodging, or to obtain the same from the Poor Law Authority. If it is proved that the person indicted was directly or indirectly interested in any money accruable or payable in the event of the death of the child, the punishment may be increased (Children Act, 1908, s. 12.)†The Secretary of the National Society for the Prevention of Cruelty to Children, 39 to 41, Leicester Square, London, will gladly give any advice or assistance in his power.11. Any person who causes a child or young person to be in any street or place for the purpose of begging or receiving alms under any pretence (s. 14), or any boy under fourteen or girl under sixteen to be in any street or public-house for the purpose of performing for profit, or offering anything for sale between 9 p.m, and 6 a.m., or causes any child under eleven to be at any time in any street, public-house, premises licensed for public entertainments, or in any place to which the public are admitted on payment, for the purpose of singing, or performing or being exhibited for profit, or offering anything for sale, or causes any child under sixteen to be in any place to be trained as an acrobat, is liable to a fine and imprisonment (Prevention of Cruelty to Children Act, 1904, s. 2.).††A petty sessional court (in Scotland a school board) may grant a licence on such conditions as it thinks fit for any child over 10 to take part in entertainments in a place of public amusement, or to be trained as an acrobat, if satisfied that the child is fit for the purpose and will be properly treated.12. A constable may arrest without warrant any person whose name and address are unknown and cannot be ascertained, who, in his presence, commits any offence of cruelty. He may also arrest on suspicion for an offence not committed in his presence, if there is reason to think the offender will abscond. The child in respect of whom the offence was committed may be taken to a place of safety, and there detained until it can be brought before a Court of Summary Jurisdiction, by whom also a search warrant may be issued if there is cause to suspect, on information on oath, that an offence against the Act is being committed (Children Act, 1908, ss. 19-24.)
13. If a person over sixteen who has charge of a child under seven allows it to be in a room with an open fire-grate without sufficient protection against the child being burnt or scalded, and the child is in consequence killed or seriously injured, that person is liable to a fine of £10 (s. 15).
14. A person having charge of a child or young person between four and sixteen who allows it to reside in or frequent a brothel is liable to a fine of £25 and imprisonment for six months (s. 16). If a person having charge of a girl under sixteen causes or encourages her to be seduced or carnally known he is guilty of a misdemeanour (s. 17). If a householder permits or induces a girl under sixteen to be on his premises for the purpose of being carnally known by any man, it is felony if the girl is under thirteen, otherwise misdemeanor. (Criminal Law Amendment Act, 1885, s. 6.)
15. Restrictions on Employment of Children.—(a) Any Local Authority may make byelaws regulating the employment of children under fourteen years of age, or for the regulation of street trading by persons under sixteen.
(b) A child may not be employed between the hours of 9 a.m. and 6 p.m., always provided that a Local Authority may vary these hours either generally or for any specified occupation.
(c) A child under eleven cannot be employed in street trading
(d) No child who is employed half time under the Factory and Workshop Act, 1901, can be employed in any other occupation.
(e) A child must not be employed to lift, carry, or move anything so heavy as to be likely to cause injury to the child.
(f) A child must not be employed in any occupation likely to be injurious to his life, limb, health or education, regard being had to his physical condition. (Employment of Children Act, 1903.) (See also para. 11.)
16. Juvenile Smoking. — Any person selling cigarettes or cigarette papers to a person apparently under sixteen, whether for his own use or not, is liable to a fine of £2 for the first offence, £5 for the second, and £10 for the third. It is the duty of a constable or park keeper in uniform to seize any cigarettes or cigarette papers in the possession of any person apparently under sixteen whom he finds smoking in any street or public place. These provisions do not apply to boy messengers in uniform or young persons employed by tobacconists. Tobacco, other than cigarettes, may be sold to young persons unless there is reason to believe that it is for their own use. (Children Act, 1908, Part III.)
Child Murder.—(See INFANTICIDE.)
Chimneys on Fire.—When a constable observes from without that a chimney is on fire, he should acquaint the occupiers of the house, and if it appears necessary send to the Fire Brigade station, remaining near at hand until it is extinguished, in case it assumes a dangerous character. Penalties for allowing chimneys to be on fire are imposed in the County of London under the L.C.C. General Powers Act, 1900, and in Urban districts under the Town Police Clauses Act, 1847, ss. 30 and 31.
Chimney Sweepers.-1. Every person carrying on the business of a Chimney Sweeper, and who employs any assistant or apprentice, must obtain a certificate (fee 2s. 6d.) every twelve months, from the Chief Officer of Police of the district, or in default is liable to a penalty. The certificate must be produced on demand, and any person lending, borrowing, counterfeiting, or altering a certificate, commits an offence, as also any chimney sweeper who knocks at houses from door to door, or rings a door bell, or uses any noisy instrument to the annoyance of any inhabitant, for the purpose of soliciting employment. (Chimney Sweepers Acts, 1875 and 1894.)
2. No chimney sweeper may employ any child under ten to do or assist in doing any work or thing in or about the trade or business of chimney sweeping elsewhere than in his own house or place of business, nor employ a person under sixteen years of age in any house during the time he is himself there for the purpose of sweeping a chimney, nor compel or knowingly allow any person under twenty-one to ascend or descend a chimney or enter a flue for the purpose of sweeping it, &c. (Chimney Sweepers Acts, 1840 and 1864.)
Choking.—It is a felony to attempt by any means whatsoever to choke or strangle any other person, or to attempt any means calculated to produce that result, and to render such other person insensible, or incapable of resistance. (Offences against the Person Act, 1861, s. 21.)
Cigarettes, Children Smoking.—(See CHILDREN (16).)
Cinematograph Exhibitions.-1. This is an exhibition of pictures or other optical effects by means of a cinematograph, or other similar apparatus, for the purposes of which inflammable films are used. Such an exhibition may not be given unless the regulations made by the Secretary of State for securing safety are complied with, nor in unlicensed premises, unless a private dwelling-house to which the public are not admitted.
2. Licences are granted by County or County Borough Councils, and are in force for one year, or for such shorter period as the Council may determine. Conditions and restrictions may be imposed in the licence. A Council may transfer a licence. An applicant for a licence, or transfer of a licence, must give not less than seven days' notice in writing to the Council and to the Chief Officer of Police, but notice is not necessary for the renewal of an existing licence held by the applicant for the same premises. Police should consider whether there are grounds for objecting to the grant or transfer of the licence.
3. The regulations made by the Secretary of State make provisions for fire appliances, lighting, licences, &c. Where a licence is granted in respect of a movable building, a plan and description of the building must be attached, and these must be produced on demand of a constable.
4. A constable may at all reasonable times enter any premises, whether licensed or not, in which he has reason to believe that such an exhibition is being or is about to be given, to see if the Act, regulations and conditions of any licence are complied with. The penalty for non-compliance is £20, and there is a similar penalty for preventing or obstructing police. Attention should be given to cheap exhibitions given in small premises in poor or rough localities.
5. Where the premises in which it is proposed to give such an exhibition are used for the purpose on not more than six days in any one calendar year, it is not necessary to obtain a licence if the occupier gives to the Council and to the Chief Officer of Police, not less than seven days before the exhibition, notice in writing of his intention so to use the premises, and complies with the regulations made by the Secretary of State, and the conditions imposed by the Council. If the exhibition is proposed to be given in a building or movable structure, and the owner has been granted a licence by the Council of the County in which he ordinarily resides, not less than two days' notice is sufficient. (Cinematograph Act, 1909.)
Circumstantial Evidence.-1. Circumstantial evidence is evidence, not of the actual fact to be proved, but of circumstances from which that fact can be inferred with more or less certainty.
2. Direct testimony is in all cases preferable, but in criminal cases, and especially in murder, where the act can rarely be proved directly, circumstantial evidence is often found to produce a strong assurance of the prisoner's guilt,
Civil Actions.—If a civil action is pending in a Court of law, in which it is probable that the conduct of police may be commented upon, a superior officer should be instructed to attend the hearing of the case and report what transpires.
Civility.-1. All persons should be treated with the utmost civility, forbearance, and good temper by the police.
2. Whenever a question is put to police by any person, they should not answer it in a short or abrupt manner, but with the greatest possible attention ; avoiding, however, entering into unnecessary conversation with anyone.
3. A civil question will frequently elicit a courteous answer and valuable information.
4. Above all, ladies, foreigners, strangers, and old people should be treated with civility, and every person calling at a police station upon any business whatever.
Clubs.-1. A club is an association to which individuals subscribe for purposes of mutual entertainment and convenience. A club-house, being available to subscribers alone and their guests, is a private house belonging to them collectively and managed by their committee and secretary. Clubs were formerly not subject to the Licensing Acts ; but this exemption, being much abused, was remedied in England by the Licensing Act, 1902, now the Licensing (Consolidation) Act, 1910.
2. The secretary of every club in which intoxicating liquor is supplied must register the club with the Clerk to the Justices, and in the Metropolitan Police District, the Clerk to a Police Court, in the month of January in every year, in a prescribed form giving all particulars concerning it. The penalty for a false return is £20. The Register of Clubs is open to a Superintendent or Inspector of Police, or Officer of Customs and Excise, without fee or to any person on payment of 1s. (s. 91.)
3. No new club can be opened until it has been registered.
4. If any intoxicating liquor is sold or supplied to any person on the premises of an unregistered club, the person authorising the sale and the person selling are liable to a fine of £50, or a month's imprisonment, or both ; and every officer and member of the club to a fine of £5 if intoxicating liquor is kept for supply or sale on the premises of an unregistered club (s. 93.)
5. Any person obtaining intoxicating liquor in a club of which he is not a member for consumption off the premises is liable to a fine of £10, as well as the person supplying such liquor (s. 94).
6. A Court of Summary Jurisdiction may on complaint in writing of any person, strike a club off the register on the ground (s. 95)-
7. Upon information on oath a Justice of the Peace may grant a warrant to any constable to search any club alleged to be carried on in a manner constituting a ground for striking it off the register (s. 96).
(a) That it has less than twenty-five members, or has ceased to exist. (b) That it is not conducted in good faith as a club, is habitually used for any unlawful purpose, that there is frequent drunkenness on the premises, or that illegal sales of intoxicating liquor have taken place, or persons who are not members are habitually admitted to obtain intoxicating liquor. (c) That the premises were within twelve months previously refused a licence. (d) That persons are habitually admitted as members without at least forty-eight hours intervening between nomination and admission.
8. Great care and discretion are necessary in dealing with offences committed or alleged to have been committed inside clubs ; as police, having no right of entry except on warrant, will be principally dependent on the statements of private persons, which are open to malicious exaggeration.
Cock and Dog Fighting.—This is forbidden by the Protection of Animals Act, 1911, and any person taking part in such proceedings may be arrested without warrant. (See CRUELTY TO ANIMALS ; FEROCIOUS DOGS.)
Coining.—(see COUNTERFEIT COIN.)
Collections in Street. (See STREET COLLECTIONS.)
Colonies, Surrender of Criminals to or from. (See EXTRADITION AND FUGITIVE OFFENDERS.)
Common Lodging Houses.-1. A common lodging-house is one in which persons of the poorer classes are received for short periods, and, though promiscuously brought together, are allowed to inhabit one common room. Hotels, inns, public-houses, or lodgings let to the upper and middle classes, are not common lodging-houses.
2. Keepers of common lodging-houses have to register their names and addresses with the local authority, to give the appointed officers free access to any part of the house at all times, to cleanse it throughout to their satisfaction, to limewash the walls and ceilings twice a year, to give immediate notice when any person in their houses is ill of fever or any infectious disease and to comply with byelaws as to the number of persons to be accommodated, &c., subject to a penalty, recoverable by summons. (Public Health Act, 1875, ss. 76-89).
3. No person can keep a common lodging-house, or receive a lodger therein, unless his name has been registered, except a member of his family for four weeks after his death.
4. The keeper or his deputy must be at the lodging-house between 9 p.m. and 6 a.m., and proper sanitary conveniences and water supply must be provided. (Public Health Acts Amendment Act, 1907, ss. 69-75).
5. By the Prevention of Crime Act, 1871, s. 10, every person who keeps any lodging-house, and knowingly harbours thieves, or reputed thieves, or knowingly permits them to meet or assemble therein, or knowingly allows the deposit of goods therein —having reasonable cause for believing them to be stolen—is guilty of an offence against that Act, and may be dealt with accordingly.
Common Nuisance.-1. A common nuisance is an act not warranted by law, or an omission to discharge a legal duty which act or omission obstructs, or causes inconvenience or damage to the public, in the exercise of rights common to all persons.
2. Every one who commits any common nuisance is guilty of a misdemeanor. Instances are—obstructing a highway, carrying on an offensive trade, keeping a disorderly house, indecently exposing the person, &c. Various kinds of nuisances are specially dealt with under the Public Health Acts.
Communications to Police.-1. It is obviously necessary, as much for the security of individuals as for the maintenance of the honour of the public service, that all communications from one police force to another or from private individuals to police authorities, should be regarded as most strictly confidential. (See CORRESPONDENCE).
2. Except in the rarest cases they should not be shown to private persons, nor even the name of the person conveying information be disclosed ; and, above all, should never be communicated, directly or indirectly, to the public Press.
3. The rule holds with equal, if not greater, strictness of anonymous denunciations ; for the handwriting or paper may be recognised, and the individual, possibly seeking to do a public service, may be exposed to extreme annoyance and danger.
4. When an individual has to be informed of the contents of a letter from another police force, or of a report made by another officer, or of directions by a superior, the gist should be read out, but under ordinary circumstances the paper should not be shown, or allowed to pass into the hand of any other person. (See PRIVILEGED COMMUNICATIONS.)
Compassionate Allowance.—(See PENSIONS.)
Competency of Witnesses.—All persons are competent to testify in all cases, except
(a) Those who, in the opinion of the Judge, are prevented by extreme youth, from disease affecting the mind, or from any other analogous cause, from recollecting the matter on which testimony is to be given, from understanding the questions put, or giving rational answers to them, or from knowing the nature of an oath, and that the truth must be spoken. (b) The wife or husband of an accused person are not competent witnesses for the prosecution except in certain cases. (See HUSBAND AND WIFE.) (c) A juror, as to what passed between the jurymen, in the discharge of their duty. (See also PRIVILEGED COMMUNICATIONS.)
Complaints.-1. Any person calling at a station and wishing to make a complaint against police of the force of the district, should be treated with great courtesy and requested to put his or her complaint into writing, or failing the possibility of this, it may be taken down and read over to the complainant, without referring the latter to the station of the division to which the constable complained of belongs. Complaints should be most thoroughly inquired into, and every endeavour made by all legitimate means to ascertain every material fact.
2. Complaints against the action of another police force should not be received, but the complainant referred to the chief officer of that force.
Complaints by Police.—1. Complaints by police against each other should be made in writing, and be fully inquired into, and duly submitted.
2. Police having any complaint to make against any order given them by an Inspector or Sergeant, should first obey it providing it is not to commit some illegal act, and then report to the Superintendent, who will lay the matter before his superiors through the usual channel. This is the proper manner to prefer all complaints and applications of any sort.
Compounding Felonies and Misdemeanors. — Everyone commits a misdemeanor who, in respect of any valuable consideration, enters into an agreement not to prosecute any person for felony, or to show favour to any person in any such prosecution. The rule is the same in the case of misdemeanors of a public nature, such as perjury, but not where the offence is one of a private kind for which the injured party could bring an action for damages, such as a nuisance or an assault. In such cases there is no harm in the offender compensating the person injured out of court. (See ADVERTISING REWARD.)
Concealment of Birth.—l. Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after, its birth, is guilty of a misdemeanor. A person indicted for the murder of a child may be convicted under this section. (Offences against the Person Act, 1861, s. 60).
2. It is necessary to prove
(a) The birth of the child ;
(b) That the accused person endeavoured to conceal the birth by secret burying or disposal of the dead body.
To prove the first point, a police officer should, if the woman consents, have her examined by a doctor. But it would be an assault to examine the woman's person without her consent.
The state of her bedding, and linen, &c., may furnish evidence of the woman's having given birth to a child, without such personal examination.
During her illness the woman should not be charged until a doctor certifies that it may be done with perfect safety.
3. A case of supposed concealment of birth requires very delicate handling, otherwise much cruelty may be inflicted upon an unfortunate woman who may have secretly given birth to a child, and yet may not have committed an offence against the law.
Conditions of Police Service.-1. Every police officer must give his whole time, to the service.
2. For neglect or violation of duty a constable is liable on summary conviction to fine and imprisonment. (See MISCONDUCT OF POLICE.)
Conduct Money.—Conduct money is the sum which must be tendered to a witness for his travelling expenses, when a summons or subpoena is served to attend and give evidence. (See WITNESSES.)
Confessions.—1. A confession is an admission made at any time, by a person charged with a crime, and suggesting the inference that he committed that crime.
2. A confession must be entirely voluntary. This will not be the case if it appears to the Judge to have been caused by any inducement, threat, or promise, proceeding from a person in authority, and having reference to a charge against the accused person, whether addressed to him directly or brought to his knowledge indirectly ; or if, in the opinion of the Judge, such inducement, threat, or promise gave the accused person reasonable grounds for supposing that by making a confession he would gain some advantage, or avoid some evil, in reference to the proceedings against him. Persons in authority, include the prosecutor, Magistrate, and police officers or their representatives.
3. Any confession made to police should be at once reduced to writing, signed, if possible, by the person making it, and witnessed by an officer.
4. When a person gives himself up to the police for a real or supposed crime any questions absolutely necessary to elicit the facts may be asked. In general it is unnecessary to caution a person about to make a voluntary statement; but, if there is any reason to believe that he does not realise that he is confessing to a crime, he should be cautioned and his position explained to him, more especially in serious cases. (See CAUTIONING A PRISONER.)
5. Bogus confessions are not infrequent especially in cases of murder : they may emanate from lunatics, or from persons having some ulterior motive, e.g., the desire to put police off the real track, or merely to get taken free of charge to the scene of the crime. A person should, therefore, never be charged with an offence on his own confession before inquiry has been made as to its reliability.
Confidence Trick.-1. This perennial swindle appears never to lose its effectiveness in the hands of the clever thieves who make a speciality of it. The method is to look out for some simple-minded colonial or foreigner newly arrived in this country for a holiday. A very common procedure is for one of the gang, "A," to engage him in conversation, professing to come from the same part of the world as the victim. Sightseeing or refreshment is usually proposed, in the course of which they fall in with "B" apparently a total stranger to "A," who announces that he has been left a large fortune to distribute in charity. He proposes that "A" and the victim shall assist. Conversation turns on whether they can be trusted and "B," to show his confidence, hands what appears to be a bundle of notes to the victim, telling him to take it away and come back in ten minutes. This the victim does, and on his return, "B" says it is only fair that the victim should do the same by him. The victim is then persuaded to produce what money he has (often a considerable sum) and hand it to "B," who goes away, saying he will shortly return. After waiting some time "A" suggests to the victim that "B" must be a thief, and says he will go after him. He does so, and no more is seen of "A" or "B."
The above is a typical instance, but variations occur. Sometimes the victim is induced by the confederates to bet on a race as to which one of them has valuable information. On the first occasion he is told he has won, which induces him to try a second venture in which he is announced to have lost a much larger sum. In fact, of course, the confederates have heard the result 9f the race before the supposed bets are made.
2. The chief difficulty to be contended with by police is that the victim, realising that he has been fooled and possibly having his return passage booked, generally refuses to prosecute. Much, however, may be done by acquiring a knowledge of the confidence trickster and keeping a watch, as far as possible, on his haunts. In this way he may occasionally be caught in the act.
Consent.-1. Consent is the permission to do a certain act freely given, without force, fraud, or threats, by a rational and sober person, so situated as to be able to form an independent opinion upon the matter to which he consents.
2. Every person has a right to consent to the infliction of any bodily injury, in the nature of a surgical operation, upon himself or any child or imbecile under his care.
3. No one has a right to consent to the infliction upon himself of death, or an injury likely to cause death (except in the nature of a surgical operation), or to the infliction upon himself of bodily harm amounting to a maim, for any purpose injurious to the public—e.g., castration—or to the infliction of bodily harm in such manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons.
4. The consent of any girl under sixteen to be carnally known by any man is not recognised by law. (See CHILDREN, OFFENCES AGAINST.)
Conspiracy.-1. Conspiracy is the agreement of two or more persons to commit a crime, or to do a lawful act by unlawful means. Many things which are not criminal if done by one person alone become so if done by two or more acting together. Instances are, conspiracies to defeat the ends of justice, or to form illegal associations, and some kinds of conspiracies to defraud.
2. Conspiracy is a misdemeanor, punishable by fine and imprisonment with hard labour, except in the case of conspiracy to murder, when it entails penal servitude. (Criminal Procedure Act, 1851, s. 29, and Offences against the Person Act, 1861, s. 4.)
3. By the Conspiracy and Protection of Property Act, 1875, s.3, an agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime. This does not affect the law relating to riot, breach of the peace, &c. (See INTIMIDATION.)
Conspirators.—When two or more persons conspire together to commit any offence, or actionable wrong, everything said, done, or written, by any one of them, in the execution or furtherance of their common purpose, is deemed to be so said, done, or written by every one, and is a relevant fact as against each of them.
Constabulary Forces.—1. Borough Constabulary Forces were established under the provisions of the Municipal Corporations Act, 1835, now revised and consolidated by the Municipal Corporations Act, 1882, and are administered by the Mayor and Watch Committee.
2. The establishment of a Constabulary Force in counties was authorised by the Constabulary Act, 1839, and made compulsory by the County and Borough Police Act, 1856.
3. The police of both county and borough forces are constables, the latter in all the boroughs within the county, the former throughout the county, as well as seven miles beyond. The public service demands that the utmost cordiality and co-operation shall prevail between county and borough police forces.
Constables' Duties.-1. A constable must readily and strictly obey the orders of his superiors in rank in the police. (See LORD BRAMPTON'S ADDRESS ; MISCONDUCT OF POLICE.)
2. He must be very civil and respectful in his demeanor and conduct to the public, giving the best answers he can to the numerous questions which may be put to him, and showing at all times a readiness to do all in his power to oblige, consistently with the rules of the service.
3. He must report to his Inspector or Sergeant, the first time he sees either of them, the particulars of any accident or occurrence which has come under notice.
4. He must speak the truth at all times, and under all circumstances, and when called upon to give evidence, state all he knows respecting the case, without fear or reservation, and without any desire to influence the result, either for or against the prisoner.
5. To enable him to speak quite confidently, and to prevent the possibility of his evidence being shaken, he should always have with him a pocket-book and pencil, or stylo pen, in which he can take down at the time dates and other particulars respecting accidents or occurrences, and to which he can always refer, and submit, if required, to his superior officer. (See EVIDENCE ; NOTES.)
6. Untruthfulness is the gravest disqualification for the police service. (See PERJURY.)
7. When called upon by a person to take another person into custody, he must be guided in a great measure by the circumstances of the case, and the nature of the charge or offence ; but if he has any doubt as to how he ought to act, the safest course is to ask all the persons concerned to go with him to the station, where the Inspector will hear and determine whether the charge is to be entered or not, and the responsibility is then taken off the constable. (See APPREHENSION.)
8. If a constable is called upon to act, he must do so with energy, promptness, and determination ; for if he wavers or doubts, the thief may escape, or the opportunity to render assistance may be lost.
Contraband Goods.—Contraband goods are goods which are imported into the country, either in breach of some law forbidding their importation (for instance, indecent literature), or without payment of the customs duties imposed on their importation. Dutiable articles in the United Kingdom include wine, spirits, tobacco, besides a variety of raw and manufactured goods, and goods made in foreign prisons. (See SMUGGLING.)
Convict Supervision Office.-1. At the Convict Supervision Office, New Scotland Yard, the following records are kept:-
2. From this office is issued :-
(i.) Photographs, finger-prints, description and particulars of (a.) all licence holders, supervisees, and persons subject to the seventh section of the Prevention of Crimes Act, 1871 (see PREVENTION OF CRIMES ACTS); (b.) all others who have been sentenced at Assizes or Quarter Sessions to one month or more hard labour, except for certain offences of an unimportant character. (ii.) Finger-prints, description and records of all persons sentenced by a Court of Summary Jurisdiction to more than one month's hard labour for such offences as above.
3. All police officers are entitled to any information which can be obtained from these records. The office is open for inquiries from 10 a.m. to 6 p.m.
(i.) The Habitual Criminals' Register, which gives particulars of all licence holders, supervisees and persons subject to s.7 of the Prevention of Crimes Act, 1871. (ii.) The Illustrated Circular, which contains photographs and particulars of the most troublesome travelling criminals.
Convicts on Licence.—(See PREVENTION OF CRIMES ACTS.)
Co-operation.—Co-operation between all forces, between every individual composing each force, between all ranks, between the public and the police, is absolutely essential for the achievement of complete success. It is perfectly immaterial by what force, by what division, by what officer, or by what legal means, an offender is brought to justice, so long as the end is gained. All jealous feeling should therefore be put aside.
Coroners.—Immediate information of the finding of a dead body should be communicated to the Coroner, who will then decide whether or not an inquest is to be held thereon, fix the day, time and place, and give the necessary directions for the convening of the jury. (See DEAD BODIES.)
Correspondence.-1. Correspondence on police business should invariably pass through the same channel ; for confusion is absolutely inevitable if police officers of different ranks correspond with other forces and private individuals on public matters.
2. Communications from provincial police forces to the Metropolitan Police with regard to crime should be addressed to the Assistant-Commissioner, Criminal Investigation Department New Scotland Yard.
3. All letters received by any police officer, on police duty, should be at once submitted to his superior officer.
4. In constabulary districts the Superintendent of the Division concerned is usually addressed to avoid loss of time.
5. When it becomes necessary to correspond with Colonial or Foreign Police Forces, letters should in general be addressed to the Chief of Police, naming the town, province if possible, and country.
Corrosive Fluid Throwing.-1. For the offence, see EXPLOSIVES (10).
2. In cases of personal injury by corrosive fluid, olive oil should be immediately applied to the burn, and its surface covered by cotton wool, while search is made for the bottle containing the fluid thrown, which may be of very material service in bringing home the crime to the perpetrator.
Counterfeit Coin.-1. Offences connected with coining are dealt with in the Coinage Offences Act, 1861, and are very numerous ; the following are the most important:-
All the above are felonies.
(a) Making counterfeit current coin, which includes altering a genuine coin so as to make it resemble one of a higher value (e.g., gilded sixpences) (ss. 2, 14).
"Current coin" means any coin lawfully current in any part of the British Empire.
(b) Making counterfeit gold or silver coin of a foreign country (s. 18). (c) Impairing, diminishing, or lightening silver or gold current coin (s. 4). (d) Making or possessing implements for making counterfeit current coin, or foreign gold or silver coin (ss. 14, 24).
The above are in the first instance misdemeanors ; but if the guilty person has been previously convicted of any one of them or of any felony connected with coining, they become felonies (s. 12).
(e) Uttering counterfeit gold or silver current coin, knowing the same to be counterfeit (s. 9). (f) Uttering counterfeit gold or silver current coin, knowing the same to be counterfeit whilst being in possession of other such coin, or making a second uttering within ten days of the first (s. 10). (g) Possessing three or more pieces of counterfeit current gold or silver coin, knowing them to be counterfeit, with intent to utter them (s. 11).
It is also a misdemeanor to deface any current coin by stamping thereon any names or words (s. 16) ; and coin so defaced is not legal tender.
2. Anyone may arrest without warrant a person found committing any of these offences (s. 31).
3. When a charge of uttering or possessing is made the first thing necessary is to be sure that the coin is counterfeit. If there is any substantial doubt about it, it is best to have the coin tested before the accused is arrested, or if this is not possible, before he is charged.
4. Great care should be taken that the accused, when arrested, does not get rid of any other counterfeit coins he may have about him. He should be thoroughly searched as soon as possible. Any coin taken from him should be marked by the officer in the case for purposes of identification.
Counterfeit Medals.-1. By the Counterfeit Medal Act, 1883, s. 2, it is a misdemeanor to make or possess, without due authority or excuse, any medal, cast, coin or similar thing made of metal which either resembles in size, figure, and colour, any of the current gold or silver coin, or has on it a device resembling the device on such coin, or is so made that it could by gilding, silvering, etc., or other process be made to resemble such coin.
2. It occasionally happens that articles are put on the market (e.g., sweetmeats, medals, or toys) which either themselves infringe this section, or are evidently made with some instrument or die which infringes it. When such an instance comes to the knowledge of police, it should be reported, if possible with an example of the article, for the information of the Director of Public Prosecutions.
County Councils.—By the Local Government Act, 1888, s.9, while the Justices of the Peace remain the Conservators of the Peace, to whom the Chief Constable and all other constables owe the obligation of obedience to lawful orders in that behalf, the general administration of the County Police was removed from Quarter Sessions, and vested in a standing joint committee of the Quarter Sessions and County Council.
Cremation.-1. The cremation of human remains is regulated by the Cremation Act, 1902, and every person contravening those regulations is liable to a fine of £50.
2. Every person who wilfully makes any false declaration, or signs or issues any false certificates, with a view to procuring the burning of human remains, is liable to two years' imprisonment.
3. Every person who, with intent to conceal the commission or impede the prosecution of any offence procures, or attempts to procure, the cremation of any body, is liable to five years' penal servitude.
Crime.—1. A crime is an act for which the law provides punishment, which is enforced by prosecution, as distinguished from damages or other penalties recovered by civil action.†
2. To be convicted of a crime the accused must be proved to have done the act with criminal intent, i.e., on purpose, and knowing it to be wrong. But in applying this rule the following points must be borne in mind
3. Omitting to do something which the law requires to be done is just as much a crime as doing something which the law forbids. (See INSANITY.)
(a) A person is presumed to have intended the natural or probable results of his actions. It is, therefore, no excuse if he did the act recklessly, negligently, or under the influence of drink. (b) Every person is bound to know the law, and ignorance of the law is no excuse.†There is a large class of what arc generally called "minor offences," such as breaches of regulations, &c., which are not exactly crimes, but are punished by courts of summary jurisdiction. In some cases of this sort it is not necessary to prove " guilty knowledge " on the part of the offender. The mere fact that he did not obey the regulation is enough to entail the imposition of a penalty.
Criminal Appeals.—(See APPEALS.)
Cross-Examination.—(See EXAMINATION AND CROSS-EXAMINATION OF WITNESSES.)
Cruelty to Animals.-1. By the Protection of Animals Act, 1911, s. 1, if any person-
he is guilty of an offence of cruelty within the meaning of the Act, and is liable on summary conviction to a fine of £25 and to imprisonment for six months.
(a) cruelly beats, kicks, ill-treats, overrides, overdrives, overloads, tortures, infuriates, or terrifies any animal, or causes or permits such act to be done, (b) wantonly and unreasonably causes or permits any unnecessary suffering to be caused to any animal, (c) conveys or causes or permits to be conveyed any animal in such a manner or position as to cause it unnecessary suffering, (d) causes or procures or assists at the fighting or baiting of any animal, or keeps, uses or manages any place for such purpose, or permits any place to be so used, or receives money for admission to such place, (e) wilfully without any reasonable cause or excuse administers or causes to be administered to any animal any poisonous, or injurious drug or substance, (f) subjects or causes or permits to be subjected any animal to any operation which is performed without due care and humanity,
2. The Act does not apply to
3. If the owner of an animal is convicted of an offence of cruelty, the Court may order the animal to be destroyed or confiscated (ss. 2 and 3).
(a) vivisection carried out under a licence from the Home Secretary ; (b) any act done in the destruction or preparations for destruction of any animal as food for mankind, unless accompanied by the infliction of unnecessary suffering ; (c) the coursing or hunting of any captive animal, unless it is liberated in an injured, mutilated, or exhausted condition.
4. A constable may arrest without warrant any person who he has reason to believe is guilty of an offence under the Act which is punishable by imprisonment without the option of a fine (i.e., offences against s. 1), whether he saw it committed himself or was complained to by any person giving his name and address (s. 12.) It is better, however, unless the offender is likely to abscond, to proceed by summons. If a driver is arrested the animal should be taken to the greenyard or other place of safety.
5. Any person who sells, offers or gives any grain or seed which has been rendered poisonous except for bonâ fide use in agriculture, or knowingly puts or is a party to putting in or on any land or building any poison, or any fluid or edible matter (other than sown seed or grain) which has been rendered poisonous, is liable to a fine of £10 : but it is a good defence if the poison was laid to destroy rats, mice or other small vermin, and reasonable precautions were taken to prevent access by dogs, cats, fowls or other domestic animals (s. 8).
6. Any person who uses a dog for purposes of draught is liable to a fine of £2 (s. 9).
7. Any person who sets spring-traps for hares or rabbits must inspect them or cause them to be inspected at least once a day between sunrise and sunset, subject to a fine of £5 (s. 10).
8. Knackers' Yards.—(See HORSE SLAUGHTERING.)
9. Animals injured in the street, etc.—(See INJURED ANIMALS.)
10. If proceedings are taken against the driver or conductor of any vehicle, his employer may be ordered to produce him, if able to do so. In all proceedings the owner of the animal concerned may be ordered to produce it if it is possible to do so without cruelty (s. 13).
11. The Act applies to England and Ireland, but not to Scotland.
"Animal" means any domestic or captive animal.
12. Whenever practicable in cruelty cases the constable should carefully observe, and note in writing, the exact nature of the cruelty, the condition of the animal, and the character of its wounds, their situation, and especially if old, discharging, and in contact with the harness, and examine the same for adhesive particles of matter and dried blood. If lameness is the source of complaint, it should be particularly ascertained whether or not there is suffering or inflammation in the injured part, as lameness is not always an indication of pain. If weakness or infirmity, take care to have a witness to give evidence of the bodily condition, age, and incapacity of the animal, and the labour exacted from it. If over-loading, it is indispensable to show painful distress of the animal—e.g., trembling, falling, unusual perspiration, or exhaustion—or to show violence on the part of the driver. If mutilation or any other torture, observe minutely and take down in writing the precise character of the same in detail. If for starving animals, overstocking cows, exposing shorn sheep to cold atmosphere, or other acts difficult for a private person to prove, a veterinary surgeon should be called to examine the animals at the time of the offence, or as soon afterwards as possible, and he should be produced as a witness at the hearing.
It is important for the exact words of the accused when stopped to be remembered and noted, as they frequently amount to an admission of guilt.
In every case (if possible) obtain the name and address of a respectable witness, willing to give supporting evidence.††The Secretary of the Royal Society for the Prevention of Cruelty to Animals, 105, Jermyn Street, London, W., will gladly assist the police by every means in his power, and the Council will be grateful, too, for the friendly bearing of the police towards the officers of the society located in different parts of the country.
Damage to Property.-1. The Malicious Damage Act, 1861, forms a code for the punishment of persons who unlawfully and maliciously damage property, whether public or private. The offence must be done " maliciously," that is, purposely with intent to cause damage, or recklessly without caring whether damage is done or not, though the motive need not be the desire to injure the owner of the property.
2. By this Act any one commits felony who unlawfully and maliciously
3. The following also are felonies :-
(a) Sets fire to any church, chapel, meeting-house, or place of Divine worship (s. 1). (b) Sets fire to any dwelling-house, any person being therein (s. 2). (c) Sets fire to any house, stable, outhouse, warehouse, shop, office, mill, storehouse, farm building, etc., with intent thereby to injure or defraud any person (s. 3). (d) Sets fire to any building belonging to any railway, dock, harbour, or canal (s. 4). (e) Sets fire to any public building (s. 5). (f) Sets fire to any other building (s. 6).†
†The punishments for these different felonies vary in severity.
(g) Sets fire to anything in, against, or under any building under such circumstances that, if the building were thereby set fire to, the offence would amount to felony (s. 7). (h) Attempts by any overt act to commit any of the foregoing felonies (s. 8). (i) Destroys or damages by explosion any dwelling-house in which any person is, or any building whereby the life of any person is endangered (s. 9). (j) Places or throws in or near any building any explosive with intent to destroy any building, machinery, goods, etc. (s. 10). (k) Cuts, destroys or damages with intent to destroy or to render useless any machine or engine used in agriculture or in any manufacture (ss. 14 and 15). (l) Sets fire to any crops, wood, plantation, heath, gorse or fern, whether growing or cut, or attempts to do so by any overt act (ss. 16, 17, 18). (m) Cuts or destroys hopbinds (s. 19). (n) Cuts, roots up, destroys or otherwise damages any growing tree, shrub or underwood, provided that the damage exceeds £1 if in a park, pleasure-ground, garden, orchard, avenue, or any ground adjoining a dwelling-house, and £5 elsewhere (ss. 20 and 21). (o) Sets fire to any coal mine, or attempts to do so (ss. 26 and 27). (p) Runs water into a mine, or obstructs any airway, waterway or drain, or destroys any machinery with intent to damage the mine or to hinder the working thereof (ss. 28 and 29). (q) Breaks down any sea-wall, canal-bank, or dam so as to cause danger of flood, or interferes with the navigation of any river or canal (ss. 30 and 31). (r) Throws down or damages so as to render dangerous or impassable any bridge or aqueduct over or under any highway, railway or canal (s. 33). (s) Puts anything on a railway or moves a sleeper or points or does anything with intent to obstruct or injure any engine or carriage on the railway (s. 35). (t) Kills, maims, or wounds any cattle (s. 40). (u) Sets fire to, casts away or destroys any ship, or places an explosive in or near a ship, or removes lights, or makes false signals, or removes buoys with intent to bring a ship into danger (ss. 44-49).
4. The following are misdemeanors if done unlawfully and maliciously :-
(a) If any persons riotously and tumultuously assembled together to the disturbance of the public peace, unlawfully and with force demolish or begin to demolish or destroy any place of Divine worship, house, stable, building used for agriculture or trade, public building, or any machinery used in a mine. If damage is done to such structures without intent to destroy them it is misdemeanor (ss. 11, 12). (b) Sending any letter threatening to burn or destroy any house or other building, rick, or ship, or to kill, maim or wound any cattle (s. 50).
5. Any person unlawfully and maliciously damaging any property, for which no other punishment is provided by the Act, to an amount of less than £5 may be dealt with summarily by a justice (s. 52). For all other offences he must be indicted.
(a) A tenant demolishing or beginning to demolish the building he occupies or any fixture (s. 13). (b) Any person destroying or damaging to the amount of 1 s. any tree, shrub, or underwood, wherever growing (s. 22). (c) Destroying or damaging with intent to destroy any plant or vegetable production growing in a garden, orchard or hothouse, or any cultivated root or plant used for the food of man or beast, or for medicine or manufacture, wherever growing (ss. 23, 24) (d) Breaking or destroying any fence, wall, gate or stile (s. 25). (e) In any way destroying the dam or sluice of any fishpond or private water or putting noxious material therein with intent to take or destroy fish, &c. (s. 32). (f) Destroying wholly or partly any turnpike gate (s. 34). (g) Obstructing a railway train (s. 36). (h) Damaging any telegraph or attempting to do so (ss. 37, 38). (i) Damaging any object in a museum or library or any monument in a church, street or public building (s. 39). (j) Killing or wounding any animal, not being cattle, but kept in confinement or for a domestic purpose (s. 41). (k) Doing any damage to property to an amount exceeding £5 (s. 51).
6. A constable may arrest any person whom he shall find lying or loitering in any yard or other place during the night, and whom he shall have good cause to suspect of having committed or being about to commit any felony against this Act (s. 57).
7. Any person found committing any offence against this Act may be arrested by any constable, or the owner of the property injured or his servant or agent (s. 61).
Dead Bodies.—1. When a dead body is found, and there is no doubt that life is extinct, it should never be touched until the arrival of a constable, who should forthwith carefully note its appearance and everything surrounding it. If he suspects that death was caused by violence, he should not move the body, or allow any part of the clothing, or any article about it to be touched, or moved, by any person, until the arrival of a Sergeant or Inspector, who should be sent for by the quickest possible means. (See MURDER.)
2. The most obvious signs of death are-
(a) A cessation of breathing—no movement of the chest—no moist breath to dim a looking-glass placed before the mouth.
(b) A cessation of the heart's action—no impulse against the side, or pulse beating in the arteries.
(c) The eyelids half closed, the eyes dim and glassy, and the pupils dilated.
(d) The jaws clenched.
(e) The tongue appearing between the teeth.
(f) A frothy mucus about the nose and mouth.
(g) The fingers half closed.
(h) The surface of the body pale and cold.
(i) The body rigid.
3. If the death of persons found in the streets, or other public places, is probably owing to natural causes, or to suicide, the body should be taken to the mortuary, or other convenient place near at hand, and immediate notice sent to the Coroner (see CORONER), the police surgeon or other doctor being called to examine the body ; the body and clothes† being first searched for any marks or papers which may establish its identity, and any property taken possession of. To fail to give notice to the Coroner prior to putrefaction, is a misdemeanor. The death must also be registered.
4. If the body is not identified, it should be photographed prior to burial or post-mortem examination, and dressed as nearly as possible as it was in life.† If there is no card, envelope, or paper found on a body giving a clue to identity, or mark on the linen or socks, a name may be found underneath the lining of the back collar of a coat, or under the flap of a pocket, or inside a boot, or on the buttons of the clothes, or under the opening of a vest. If the name is that of the clothier supplying the article he may be able to give a clue to the purchaser.
Death by Misadventure.—Death by misadventure occurs where a man doing a lawful act, without any intention of hurt, unfortunately kills himself or another.
Deer Stealing.—Every one commits an offence, who unlawfully and wilfully courses, hunts, snares, or carries away, kills, wounds, or attempts to kill or wound any deer kept in any forest or enclosed land. (Larceny Act, 1861, ss. 12-16.) (See ANIMALS.)
Defilement of Children.—(See CHILDREN ; WOMEN AND GIRLS.)
Defilement of Women and Girls.—(See WOMEN AND GIRLS, OFFENCES AGAINST.)
Demanding Property with Menaces.—(See THREATS AND THREATENING LETTERS.)
Depositions.-1. The deposition of a witness is his evidence before a magistrate taken down in writing. It is read over to each witness and signed by him.
2. Police should be very careful that it contains an absolutely accurate statement of their evidence ; for if there is any omission or error, it will be made the ground of cross-examination at the trial, and tend to cast a doubt upon the officer's truthfulness.
3. If by accident anything is omitted or misstated, the earliest opportunity should be taken to correct it—either by recalling the witness before the magistrate, or if the case has already gone for trial, by informing the counsel for the prosecution. However careless or stupid the mistake may have been, it is of the first importance that it should be candidly admitted.
4. Copies of depositions, when required, can be obtained by either prosecutor or prisoner from the magistrate's clerk on payment of the usual fee.
Description.-1. The description of individuals suspected of offences whose apprehension is sought, or who are missing, or have been found dead, should be fully given, particular mention being made of any peculiarities of dress and appearance. The following form may be advantageously used, the words in brackets being to help the officer to cross-examine the person able to give the description.
Full Face and Profile, also
showing ear if possible.
OFName*......................................................................... Alias, pet, or nickname among relations, friends, or women.................... * If a married woman, give also maiden name. Born at....................................................................... Age (if looks it, or older, or younger)....................................... Professions or callings (past, present, and possible)......................... If single or married, and if so, name of wife and christian names or pet names of children........................................................... If been or now cohabiting with a man or woman, his or her name, pet or nickname, and particulars concerning him or her............................... Wanted for.................................................................... ***............................................................................ Height (tall, short, medium).................................................. Build (stout, thin, erect, stooping).......................................... Head (any peculiarity, size of hat)........................................... Hair (colour, quantity, parting, cut)......................................... Eyebrows (colour, thick, thin, shape)......................................... Forehead (high, low, straight, sloping)....................................... Eyes (blue, grey, hazel, large, small, peculiarities)......................... Sight (long, short, wearing glasses, pince-nez or spectacles)................. Nose (large, small, Jewish, turned up)........................................ Mouth (open, close shut, shows teeth)......................................... Lips (thick, thin, protruding, receding)...................................... Teeth (clean, discoloured, stopped, if any false, especially in front)........ Fingers (long, short, nails, any peculiarities, size of gloves, rings or ring marks on which finger)...................................................... Chin (round, pointed turned up)............................................... Ears (large, small, close to head, protruding, with long or short lobe, if pierced).................................................................... Face (long, round, smiling, scowling, wrinkled)............................... Complexion (fair, dark, fresh)................................................ Beard (colour, thick or thin, style).......................................... Moustache (ditto, ends waxed, turned up, &c).................................. † Marks, warts, pimples, birthmarks, freckles, tattoo marks, scars, about the face, neck, hands, arms, or Person.......................................... † Peculiarities of Manner, Habit (smoking, eating, drinking), Appearance, Gait, Speech, Voice, or Accomplishments, mental or physical, or Defects (e.g., Rupture and wearing a truss, weak knees or ankles, and wearing elastic stockings, or, in the case of a German, duel marks. Specimen of Handwriting....................................................... Companionship................................................................. Dress......................................................................... Date of absconding............................................................ Where likely to be found, known, or heard of.................................. Note information to........................................................... Place Nearest Telegraph Office Telephone Number day of 19 . ***State if a warrant has been issued.† An officer taking down a description should ascertain the minutest facts on these heads. The smallest thing may lead to detection. The essential is to give characteristics which cannot be changed, removed, or dyed, and note —every one is proficient in something, physical or mental, or has a favourite habit, a weak side, a partiality in food, drink, smoke, conversation, companionship, amusement. The skilful officer will get it from those acquainted with the person wanted, by plying them with questions, backwards and forwards. They will never communicate it voluntarily, for they will never think of the details. Former female companions may often be useful in filling up blanks. Police should practise taking down descriptions of each other. It looks simple. It is very difficult.2. Descriptions of property stolen should be equally minute, and especial prominence given to any word, inscription, engraving, peculiarity or shape, by which it may be identified.
Deserters.-1.—Soldiers, sailors, or marines who have deserted, may be arrested at any time without warrant, except in a dwelling-house, and conveyed before a Magistrate.
Reference should be made to the Police Gazette to see if the person is gazetted as a deserter.
A person cannot, however, be arrested and charged with desertion from any unit of the Territorial Force, except when he has been absent from his unit on its embodiment under proclamation.
2. Men of the Territorial Force who absent themselves from annual training are not liable to arrest by police as deserters and must be dealt with by a Court of Summary Jurisdiction on complaint of the regimental authority.
3. Rewards are given for the apprehension of deserters.
Deserting Families.—If a person runs away, and leaves his wife, and his or her child or children, chargeable to any parish, he may be apprehended on warrant issued at the instance of the parish. (See ROGUES AND VAGABONDS.)
Desertion.—Any person who procures or persuades a soldier or sailor to desert, or assists him in so doing, or, knowing any one to be a deserter, conceals him, or aids or assists him to conceal himself, is liable to imprisonment with hard labour.
Destitute Persons.-1. Destitute persons coming under the observation of the police should be taken, or directed, to the workhouse of the parish wherein they are found, except in special and urgent cases, when they should be taken to the nearest Union.
2. Police should not remove sick or destitute persons from any house or dwelling. If applied to, they should refer the applicant to the Relieving Officer of the district, who will take the necessary steps.
Detection of Crime.-1. The detection of crime is a matter that concerns all ranks of police and can only be attained by cordial co-operation, an absence of jealousy and craving for individual credit, free interchange of information, activity and the constant adoption of new and unexpected measures.
2. Every constable on his beat or fixed point has many opportunities for bringing offenders to justice or affording important information if he keeps his eyes open and attention alert. He is often the witness of the offence, or the first person on the scene of it, and though the case may afterwards pass into the hands of a superior officer, a great deal depends upon the promptitude, courage, and common sense of the constable himself.
3. On the superior officer who is called upon to take up an inquiry into a crime lies the duty of collecting and sifting the available evidence, a task requiring perseverance, judgment and close observation of detail.
4. In cases of violence, robbery and the like, the careful and systematic examination of the scene is of the greatest importance (see MURDER ; BURGLARY, many of the suggestions in which may be applied to other serious crimes). This and the prompt examination of all persons, neighbours and relations, &c., who may be able to throw light on it, must form the basis of all subsequent investigation, and everything depends upon these steps being carried out thoroughly and without any unnecessary delay.
5. In many cases the officer may soon arrive at a clear opinion as to who is the culprit ; but he must bear in mind that the latter cannot properly be charged unless there is clear and trustworthy evidence which may fairly be expected to convince a Court.
6. Undue precipitancy is, therefore, as much to be discouraged as delay or slackness. Where there is only a suspicion against an individual, it is often the best course to interview him, and ascertain what he has to say. This course gives to the innocent person a fair opportunity to clear himself, whilst if the suspect be guilty, it compels him either to confess, or to commit himself to some account of his conduct which may afterwards be proved to be false and so assist his conviction.
7. When the culprit is known or can be described and there is evidence sufficient to charge him, the problem becomes one of a systematic use of the facilities given by telegraph, telephone and railway communication, for the purpose of circulating his description and intercepting his flight. It is very desirable therefore that police should have full directions permanently drawn up to be used in such cases so that no delay need take place in putting the machinery in motion. (See PURSUIT OF OFFENDERS.)
Where there is no doubt of the identity of the culprit, the publication of his portrait in the press may be of great assistance. (See also REWARD BILLS.)
8. In difficult or obscure cases of serious crime the services of a skilled officer of the Criminal Investigation Department can be obtained. (H.O. Circulars of April, '08 and May, '09.)
Detectives.-1. The unravelment of crime must necessarily depend in a very great measure upon the energy, the ability, the judgment, and the integrity of the detective force.
2. The work is more varied, interesting, and better paid than the ordinary street duty ; the officer is brought into contact with a greater variety of persons, and he is more prominently before his superiors and the public. It is of the utmost importance that the duties should only be undertaken by men who have a voluntary inclination for them, and who have given proof of skill and powers of observation while on beat duty or point, for without genuine perseverance and zeal they cannot be performed.
3. Detective officers should especially beware against the improper arrogation of individual credit; and if they have any information which may secure the arrest of a criminal, they should communicate it to the officer who is placed in a position to work it out, instead of reserving it for themselves.
4. Above all, they should remember that it is far better to let ten guilty persons escape than that one innocent person should be falsely accused.
5. Everyone is liable to make mistakes, and an error should be freely acknowledged and apologised for the instant it is discovered ; for, sooner or later, the truth is certain to come out, and it may then be too late to repair it.
6. Detectives must necessarily have informants, and be obliged to meet them when and where they can. But the public-house should not be used more than is necessary. Needless to say, where information is given under a promise of confidence, the promise must be strictly respected.
7. A detective should keep his own counsel, hear everything others have to say, but draw his own conclusions ; follow out every channel which may possibly lead to the discovery of the truth, and be slow to adopt or give expression to positive theories; and above all, not communicate mere suspicions to anyone.
8. In the course of his duties he is bound to receive much information of a confidential character. If he allows himself to disclose anything of the kind to private persons he is entirely unqualified for his post.
9. Lastly, he should realise that he will never be successful unless he gains the confidence not only of the respectable part of the community, but also that of the criminal classes with whom he has to deal, which is only to be obtained by scrupulously fair dealing with them.
Director of Public Prosecutions.—The Director of Public Prosecutions conducts (in England and Wales) cases which are of public importance by reason either of the gravity of the offence charged, or of the number of persons injured or aggrieved, or of the fact that the means of the prosecutor are insufficient to secure the proper presentation of the case ; and all cases in which either because of their difficulty or for any other reason the cause of justice requires his intervention.
He invariably prosecutes in cases of murder, cases relating to counterfeit coin, cases under the Incest Act, 1908, cases of offences against bankruptcy law in which an Order to prosecute has been made by the Court, cases under the Money Lenders Act, 1900 (except when the prosecution is instituted by a private person), and in all cases which the Home Secretary refers to him for prosecution. He also prosecutes on behalf of the Admiralty, War Office, and certain other Government Departments which have not a professional staff for dealing with criminal business.
His consent is required before a person can be indicted as a habitual criminal. (See PREVENTION OF CRIMES ACTS.)
Discharging Firearms.—Every person wantonly discharging any firearm in or near any thoroughfare, to the damage or danger of any person, within view of a constable, may be apprehended, and is liable to a fine. (POLICE ACTS.)
Discipline.-1. Discipline is the obedience and respect to lawful authority which distinguishes an organised body from a rabble.
2. While the public interest demands that discipline shall be rigidly maintained, and neither disrespect nor disobedience tolerated, it should not be enforced by an habitually harsh, nagging, or dictatorial manner. Police work differs from military work in that it is rather that of an individual than of a collective character. It is necessary to lead constables by taking a personal interest in the work and success of each one, and giving advice on their action under possible contingencies, and thus to inspire them with confidence, rather than to drive them.
Diseases of Animals.-1. Every person having in his possession or under his charge any animal affected or suspected to be suffering from
2. If the Inspector to the Local Authority or the Board is satisfied that disease exists on the premises he will declare them to be an "infected place" and police will keep casual observation thereon to see that no animal, carcase, manure, or other thing is removed from the premises without a licence.
(a) Cattle plague (rinderpest), foot and mouth disease, pleuropneumonia, swine fever, sheep pox, epizootic lymphangitis, or rabies, must with all practicable speed notify police, who must immediately transmit the information to the Board of Agriculture and Fisheries by telegram addressed " Agrifi, London," and also give the information to an Inspector of the Local Authority. (b) Glanders or farcy, anthrax, sheep scab, or parasitic mange, must with all practicable speed notify police, who must inform an Inspector of the Local Authority ; but in the administrative county of London notice of the existence of parasitic mange may be given by the owner to an Inspector of the Local Authority.
3. If a constable suspects an animal to be suffering from disease he is justified in detaining it and obtaining the name and address of the person in charge thereof, and of the owner, but in general he may content himself with the latter course and report his suspicions.
4. A constable may stop and detain any animal which he has reason to suspect is being illegally moved ; and if the name and address of the person moving such animal are not known or he fails to give them to the satisfaction of the constable, the constable may, without warrant, apprehend him ; and may, whether the person is detained or apprehended or not, require any animal, vehicle, boat, or thing to which the offence relates, to be forthwith taken back to any place or district from which it was unlawfully removed.
5. If any person obstructs or impedes, or assists to obstruct or impede, a constable or other officer in the execution of any Act, Order, or Regulation with respect to diseases of animals, he may, without warrant, be apprehended. (Diseases of Animals Act, 1894.)
Dismissal—1. Any police officer may be dismissed, forfeiting all claim to pension or gratuity, without any reason being assigned ; but, in the Metropolitan Force, one is usually given and published in orders.
2. A constable dismissed from one police force can never obtain admission to any other. (See MISCONDUCT OF POLICE.)
Disobedience of Orders.-1. No disobedience of any order can be allowed in any force, and every officer must recollect that it is his duty first to obey, and then, if necessary, to complain.
2. The officer giving an order is responsible for its consequences, unless the method of carrying it out has been improper, negligent, and contrary to the instructions received.
Disorderly Houses.-1. Disorderly houses are common bawdy houses, brothels, gaming houses, betting houses, and disorderly houses of entertainment.
2. A disorderly place of entertainment is one kept for public dancing or music without being properly licensed. (Disorderly Houses Act, 1751.) Music and Dancing Licences are granted under various later Acts.
3. Complaint can be preferred against any disorderly house by two inhabitants, who make an information upon oath, and enter into a recognisance to prosecute ; or action may be taken, in the case of a brothel or betting or gaming houses by summary process. (See BETTING; BROTHELS; GAMING HOUSES.)
Dissuading Witnesses from Testifying.—Everyone commits a misdemeanor who, in order to obstruct the due course of justice, dissuades, hinders, or prevents any person lawfully bound to appear and give evidence as a witness, from so appearing and giving evidence, or endeavours to do so.
Distraint of Goods. — 1. Police are bound to assist duly authorised officers of the law in the execution of warrants of distraint of goods on premises or otherwise, issued to them, but such assistance should be limited to the prevention of a breach of the peace, and not extended to the absolute execution.
2. On no account should police leave their beats to enter the premises to be distrained, but should refer the bailiff to the nearest station.
Divine Service.-1. Everyone commits a misdemeanor who is guilty of riotous, violent, or indecent behaviour in any authorised place of worship, either during Divine service or at any other time, or in any churchyard or burial ground, or who molests any duly authorised preacher or clergyman ministering or celebrating any Divine service or rite (Ecclesiastical Courts Jurisdiction Act, 1860, s. 2), or who by threat or force obstructs or endeavours to obstruct or prevent a clergyman or other minister in the discharge of his duties. (Offences against the Person Act, 1861, s. 36.)
2. Offenders may be apprehended immediately after the commission of the offence by any constable or churchwarden, and may be dealt with by a court of summary jurisdiction.
3. A constable may, on the request of a minister and his churchwardens, be present in uniform at a service which there is reason to believe may be disturbed by brawlers on doctrinal or other grounds.
Divisions.—All business relating to a division should pass through the superintendent in charge, and although divisional feeling, or esprit de corps, is by no means to be discouraged, police should at all times recollect that the boundaries of divisions are by no means the boundaries of their duty, and although they are more immediately responsible for all that occurs within their own defined spheres of action, they are bound to give all possible assistance to the police of neighbouring divisions, whether of the same or of an adjacent force.
Divorce Proceedings. — With divorce proceedings police have nothing whatsoever to do, and on no account should any inquiries be made or information be furnished on any matter, the object of which is evidently, or probably, to obtain evidence in support of proceedings for divorce, or judicial separation, or any subject connected therewith.
Documentary Evidence.—Documentary evidence is that founded upon documents produced for the inspection of the Court.
Dogs.-1. If a police officer has reason to believe that any dog found in a highway or place of public resort is a stray dog, he may seize and detain it until the owner has claimed it and paid all expenses incurred by the detention. If the stray dog has a collar bearing the name of the owner or he is known, the police must serve on that person a notice in writing that the dog has been seized and will be liable to be sold or destroyed if not claimed and all expenses paid within seven clear days from the service of the notice, which may be effected either by personal delivery, or leaving it at the person's usual or last known address, or the address on the collar, or sending it prepaid by post. (Dogs Act, 1906, s. 3.)
2. A register of all dogs seized must be kept in every police area, and any member of the public may inspect it on payment of a fee of 1s. If a dog is not claimed within seven days, the chief officer of police or any person authorised by him may cause it to be sold or destroyed in a manner to cause as little pain as possible. It must not be given or sold for the purposes of vivisection. In London stray dogs coming into the hands of police are sent to the Dogs' Home, Battersea, or some other authorised place, after twenty-four hours.
3. Any person who takes possession of a stray dog must forthwith either return the dog to its owner or give a notice in writing to the chief officer of police, where the dog was found, subject to a penalty of 40s. (s. 4).
4. The Board of Agriculture and Fisheries may make orders under the Diseases of Animals Act, 1894, s. 22, as amended by the Dogs Act, 1906, s. 2-
Dogs in respect of which offences are committed against such orders may be treated as stray dogs.
(a) For prescribing and regulating the muzzling of dogs and the keeping of dogs under control. (b) For prescribing and regulating the wearing by dogs, while in a highway or place of public resort, of a collar with the name and address of the owner. (c) With a view to the prevention of worrying of cattle, for preventing dogs or any class of dogs from straying during all or any of the hours between sunrise and sunset.
Muzzling orders may also be made by the Commissioner of Police of the Metropolis under the Metropolitan Streets Act, 1867, s. 18, and by a Local Authority under the Dogs Act, 1871.
5. A Court of Summary Jurisdiction may, if a dog is dangerous and not kept under proper control, make an order for it to be kept under proper control or destroyed, and an owner failing to comply with such order is liable to a fine of 20s. for each day of default.
6. Any person who suffers to be at large any unmuzzled ferocious dog, or one which he has reason to believe to be mad, or sets on any dog or other animal to attack, worry, or put in fear any person or animal, may be summoned. (POLICE ACTS.)
7. The owner of a dog is liable in damages for injury done by that dog to any cattle, whether the dog was known to be mischievous or not. The occupier of the house where the dog is kept is deemed to be the owner. If the damages claimed do not exceed £5, they may be recovered under the Summary Jurisdiction Act as a civil debt. (Dogs Act, 1906, s. 1.)
8. Any person knowingly and without reasonable excuse permitting the carcase of any head of cattle belonging to him to remain unburied in any place to which dogs can gain access is liable to a fine of 40s. (s. 6.)
9. Dog Carriages.—Every person using any dog for the purpose of drawing, or helping to draw, any cart, carriage, truck, or barrow, is liable to a fine. A dog churn is probably within this provision. (Protection of Animals Act, 1911, s. 9.)
10. Dog Fighting.—(See CRUELTY TO ANIMALS.)
11. All dogs imported into Great Britain from abroad must be completely isolated for six months at special places of detention under the control of a veterinary surgeon. (Importation of Dogs Order, 1901.)
12. Cruelty to Dogs.—(See CRUELTY TO ANIMALS.)
13. Mad Dogs.—Dogs found by the police undoubtedly suffering from rabies should be killed with the truncheon† or some other weapon as speedily and as painlessly as possibly, the officer taking great care to avoid being bitten, or to allow any of the saliva to touch him or his clothes. If he receives a wound, however slight, from a mad dog, he should proceed at once to the nearest surgeon and have the bite cauterised, applying also to be sent at once to the Pasteur Institute in Paris for treatment.† Police need not, however, assume that every half-starved, hunted dog, unable to get a drop of water, is suffering from hydrophobia. While the public safety demands that every precaution should be taken, care is necessary that precaution is not converted into wanton cruelty. The bite of a mad dog is only dangerous in proportion as it is near the brain. The bite of a dog's tooth, cleansed by clothing before reaching the flesh, is rarely serious.14. The symptoms of Rabies are :-
(a) Loss of appetite.
(b) Change of disposition.
(c) A tendency to hide in dark corners.
(d) A short dismal cry—half bark and half howl.
(e) A disposition to snap and bite without provocation, and to gnaw anything.
Upon the first appearance of suspicious symptoms a dog should be confined apart or securely chained.
If a person is bitten the wound should be washed by a stream of cold water from a tap for several minutes, it may then be sucked if there are no sores on lips or tongue. It should afterwards be cauterised by a surgeon. (See DISEASES OF ANIMALS.)
Dog Licences.-1. Every person keeping dogs is bound to take out an annual 7s. 6d. licence, for each dog from the Excise, to be obtained at every Money Order Office, subject to a penalty. All licences expire on the 31st of December, and must be renewed before the end of January. They must be produced within a reasonable time of demand to be examined or read by an officer of excise or police constable. (Dog Licences Act, 1867.)
2. The following classes of dogs do not require licences :—
(a) Dogs under the age of six months. (b) Hound puppies under the age of twelve months which have never been entered in, or used with, any pack of hounds. (c) Dogs kept and used solely by a blind person for his or her guidance. (d) Dogs kept and used solely for the purpose of tending sheep or cattle on a farm, or in the exercise of the calling of a shepherd, provided a certificate of exemption has been obtained from the Commissioners of Customs and Excise. This exemption can only be granted with the previous consent in England of a petty sessional court, and in Scotland of the sheriff or sheriff-substitute.
Dog Stealing.-1. A person who steals any dog is liable to imprisonment with hard labour (Larceny Act, 1861, s. 18).
2. A person who unlawfully has in his possession or on his premises any stolen dog, or the skin of any stolen dog knowing such dog to have been stolen, or such skin to be the skin of a stolen dog, is guilty of an offence (s. 19).
3. He who corruptly takes any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any stolen dog, or any dog in the possession of any person not its owner, is liable to imprisonment with hard labour (s. 20).
Doors and Windows Open.-1. When police on night duty find doors or windows left open in such a place and in such manner as to afford ingress to a thief, the attention of the inmates should be immediately called thereto ; or if this appears difficult or inexpedient, the constable should either close the open door or window himself, or give the house such additional attention as he can, reporting the fact on going off duty.
2. The occupier should be acquainted as soon as possible by an Inspector or Sergeant with the occurrence.
Drinking.-1. Drinking when indulged in by the police wholly unfits them for their calling, deprives them of all chance of promotion and advancement, and is certain to lead them to punishment and speedy dismissal.
2. Police who accept drink from persons whom they meet from publicans or their barmen, from betting men, cabmen, or prostitutes, or from persons to whom they are sent on some matter of duty, are unworthy of the service. (See MISCONDUCT OF POLICE.)
3. Above all, police should avoid drinking with witnesses, or persons they purpose arresting, or who have just been discharged from custody. If a constable requires refreshment, whether on beat, special, or Court duty, he should obtain the permission of his Sergeant or Inspector to purchase it.
4. Police who are unfit for duty through drink are most severely punished.
Drivers Asleep, or Not Holding the Reins.—Any person having the care of any cart or carriage, and riding on the shafts or any part thereof, without having and holding the reins, or who is at such distance therefrom as not to have complete control of the horse drawing it, is liable to a fine, and may be arrested by a constable, though it is usually better to proceed by summons. (POLICE ACTS.)
Drovers.-1. Police should be watchful to see that no cruelty is practised upon animals by drovers.
2. Driving cattle on a footpath by the side of any road, or tethering cattle on a highway, are offences against the Highway Act, 1835, s. 72. (See HIGHWAYS.)
3. Being drunk while in charge on any highway or other public place of any cattle is an offence for which a person may be arrested without warrant. (Licensing Act, 1872, s. 12.)
Drowning.—(See TREATMENT OF PERSONS RESCUED, &C.)
Drugging.-1. Everyone is guilty of felony who unlawfully administers to any person any chloroform, laudanum, or other stupefying or overpowering matter, or attempts to do so. (Offences against the Person Act, 1861, s. 22.)
2. In these cases, as in vitriol throwing, the bottle which held the drug should be searched for without delay.
Drunkenness.—Drunkenness is no excuse for any offence, of omission or commission, unless involuntarily brought about by the unlawful administration of some drug. (See CRIME.)
Drunken Persons.-1. A constable may arrest without warrant—
2. The following may be summoned, but not arrested:-
(a) Any person found drunk and incapable of taking care of himself in any highway or other public place, whether a building or not, or on licensed premises. (Licensing Act, 1902, s. 1.) (b) Any person found drunk in any highway or other public place, whether a building or not, or on licensed premises, while in charge of a child apparently under seven (s. 2). (c) Any person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous or disorderly behaviour, or who is drunk while in charge on any highway or other public place of any carriage, horse, cattle or steam engine, or who is drunk when in possession of any loaded firearms. (Licensing Act, 1872, s. 12.)
3. Any person who, being on premises licensed for the sale of intoxicating liquor, whether for consumption on or off the premises, procures, or attempts to procure, any intoxicating liquor for consumption by any drunken person, or who aids or abets any drunken person in obtaining, or consuming, any intoxicating liquor on any premises so licensed, is liable to a fine of 40s. or one month's imprisonment. (Licensing Act, 1902, s. 7.) (See INTOXICATING LIQUOR.)
(a) Any person found drunk in any highway or other public place, whether a building or not, or on any licensed premises. (Licensing Act, 1872, s. 12.) (b) Any person who is drunken, violent, quarrelsome or disorderly on licensed premises, or whose presence there would subject the licence-holder to a penalty, and who, on being requested by the licence-holder or his agent or servant or any constable to quit the premises, refuses to do so. (Licensing (Consolidation) Act, 1910, s. 80.) (c) Any person who being drunk and disorderly persists in attempting to enter, or refuses to leave, a passenger steamer. (Merchant Shipping Act, 1894, s. 287.)
4. Persons arrested on a charge of drunkenness should be bailed as soon as possible, but never till sober, unless a surety attends who undertakes to take care of them.
5. A person arrested on licensed premises should be examined at once by the police surgeon, who will then be in a position to give evidence if proceedings are afterwards taken against the licensee for permitting drunkenness or serving a drunken person.
6. Police should be watchful for prostitutes and others accosting drunken persons, and ensnaring them into a secluded place for purpose of robbery.
7. Persons are frequently found insensible in the streets, in reality suffering from apoplexy or other natural causes, the symptoms of which give them much the appearance of persons under the influence of drink, and such will be specially the case if their breath does not smell of alcohol. The police should be especially careful not to assume that a person is drunk, save on sufficient and incontestable grounds, for illness, or the excitement of being taken into custody, may at first contribute to such conclusion. (See PERSONS FOUND INSENSIBLE.)
8. In all such cases, the first thing to do is to try and arouse the sufferer by gently shaking him ; if that fails, the neckcloth and collar should be loosened, and the head raised a little, by which means breathing is made easier.
9. A message in towns should be sent to the station for the ambulance or stretcher and some further assistance. (See STRETCHERS.)
10. In all cases in which any doubt exists as to the condition of a prisoner or person coming into the hands of the police, or if there is any appearance of illness or suffering from injury, or if the person is known to have fallen down, while drunk or otherwise, the police surgeon should be sent for. Alcoholic mania frequently requires skilful medical treatment for its victim, careful handling, and skilled restraint. The police will therefore best protect the force and the public by freely availing themselves of medical advice.
11. An "habitual drunkard" is defined by the Inebriates Act, 1879, to mean a person who, not being amenable to any jurisdiction in lunacy, is notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself or herself, or incapable of managing himself or herself, and his or her affairs.
12. By the Inebriates Act, 1898, s. 1, where a person is convicted on indictment of an offence punishable with imprisonment or penal servitude, if the Court is satisfied that the offence was committed under the influence of drink, or that drunkenness was a contributing cause of the offence, and the offender admits that he is, or is found by the jury to be, an habitual drunkard, the Court may, in addition to or in substitution for any other sentence, order that he be detained for not more than three years in a State or Certified Reformatory.
13. In any indictment under this section it shall be sufficient, after charging the offence, to state that the offender is an habitual drunkard. In the proceedings on the indictment the offender shall, in the first instance, be arraigned on so much only of the indictment as charges the said offence, and if on arraignment he pleads guilty, or is found guilty by the jury, the jury shall, unless the offender admits that he is an habitual drunkard, be charged to inquire whether he is an habitual drunkard.
Unless evidence that the offender is an habitual drunkard has been given before he is committed for trial, not less than seven days' notice must be given to the proper officer of the Court by which the offender is to be tried, and also to the offender that it is intended to charge habitual drunkenness in the indictment.
14. Any person who commits any of the offences mentioned in paragraphs 1 and 2 above, and who within the preceding twelve months has been convicted at least three times of any such offences, and who is an habitual drunkard, is liable upon conviction on indictment, or if he consents to be dealt with summarily, on summary conviction, to be detained for a period not exceeding three years in a Certified Inebriate Reformatory (Inebriates Act, 1898, s. 2). A person convicted of any such offences, whether an habitual drunkard or not, may in addition to or in substitution for any other penalty be ordered to enter into a recognisance, with or without sureties, to be of good behaviour. (Licensing Act, 1902, s. 3.)
15. If any person ordered to be detained in an Inebriate Reformatory escapes therefrom, or from any person in whose charge he is placed under licence, before his period of detention has expired, he may be apprehended without warrant and taken back to the Reformatory.
16. Black List.—Where, upon the conviction of an offender, the Court is satisfied that an order of detention could be made under section 1 or 2 of the Inebriates Act, 1898, then, whether an order of detention is made or not, the Court shall order that notice of the conviction be sent to the police authority for the area in which the Court is situate, or will communicate it to the police authority of the district in which the offender resides. (See APPENDIX.)
In such cases the Court shall inform the convicted person that the notice is to be so sent ; and if the convicted person within three years after the date of the conviction purchases or obtains, or attempts to purchase or obtain, any intoxicating liquor at any premises licensed for the sale of intoxicating liquor by retail, or at any registered club, he is liable to a penalty not exceeding, for the first offence, 20s., and for any subsequent offence 40s., and any licensed victualler or officer of a club knowingly supplying intoxicating liquor to such person is liable to a fine of £10 for the first offence, and £20 for subsequent offences. (Licensing Act, 1902, s. 6.)
Duty.—Police on duty in uniform always wear their armlet, and should be careful that their conduct is such as at all times will uphold the credit of the service, as much by personal smartness, as by their civility and correct behaviour.
Whether a constable is nominally on, or off, duty, his responsibility to the public is the same, and he is bound to prevent and detect crime by all possible means.
Dwelling-houses.-1. A dwelling-house is a house in which a person habitually or usually sleeps.
2. Everyone who enters any dwelling-house by night, without breaking in, with intent to commit felony therein is liable to penal servitude. (Larceny Act, 1861, s. 54.) (See BURGLARY and HOUSEBREAKING.)
Dying Declarations, and Depositions of Persons too Ill to attend Court.-1. In cases of murder and manslaughter, evidence may be given of any statement made by the victim provided it is proved that at the time the statement was made, he or she was under a settled, hopeless expectation of imminent death. This is called a dying declaration.
2. When possible it is best that a Magistrate should take such a statement. Should it be necessary for a police officer to take it, a most careful note not only of the statement but of all questions put to the person, should be taken. The victim should be asked whether he believes he is dying. If there is time and the condition of the victim permits it, a written statement may be drawn up in the words of the victim, which should be carefully read over to and signed by him.
It should begin with the words :-
" I, A.B., having the fear of death before me, and being
without hope of recovery, make the following statement,"
and should be witnessed by persons present.
3. When an accused person is already in custody, it is usually possible, and always far preferable, that the victim's evidence should be taken on oath as described below.
4. Whenever a person is already charged with an indictable offence, and a witness, either for the prosecution or defence, is dangerously ill, his evidence may be taken on oath by a Magistrate at the place where the witness is lying, either under the Indictable Offences Act, 1848, s. 17, or the Criminal Law Amendment Act, 1867, s. 6.
5. It is therefore the duty of police to keep themselves well-informed of the condition of such a witness (more especially if he has been the victim of a homicidal attack), and so soon as there appears to be any danger of his dying, to inform the Clerk to the Magistrate, who will, if necessary, make arrangements for the taking of the evidence on oath. It is not necessary that the witness should believe himself to be dying. Police should ascertain from the doctor who is attending the witness whether in his opinion the taking of the evidence is likely to endanger the witness's life, and inform the Magistrate thereon. If the case is one of homicide, and there is a danger of the victim's dying before the arrival of the Magistrate, an experienced officer should remain at hand in order, if necessary, to take his dying declaration.
Education.—It is a duty every police officer owes to himself to advance his education by every means in his power. A badly educated man cannot have much hope of rising to a superior rank, however good his conduct. Every police officer has many opportunities of improving his education, and acquiring a thorough conception of his duties. If, for instance, he takes this manual, and, paragraph by paragraph, composes questions on the several subjects, and writes down the answers in an exercise book, and then learns them by heart, checking them by the cross references, he will practise himself in writing and composition, he will improve his memory and the arranging power of his mind, at the same time that he will acquire a fair general knowledge of the criminal law, and of the main principles of police duty. Then he should take opportunities of reading aloud, of writing reports of incidents which have occurred, or which might occur in the course of duty, and so developing his power of initiative and individual intelligence.
In the Metropolitan and many other police forces arrangements are made for police to attend evening classes at the County Council Schools, and young constables would do well to avail themselves of this opportunity.
Elections.-1. The disability of the police, if qualified, to vote at Parliamentary elections in England and Wales was removed in 1887 and at Municipal elections in 1893. In Scotland the power previously existed, but it does not obtain in Ireland.
2. A constable employed on the day of election so as to prevent his voting at the polling station at which he would otherwise be entitled by law to vote, may, on production of a certificate from the Chief Constable or other person in command of a police force, giving his name, number in the police force and on the register, and stating the fact of his employment, vote at the station near which he is employed.
3. Police should studiously avoid, for their own security and the credit of the force for impartiality, taking any active part in an election, by public speech, writing, or demonstration. If on duty in or about a place used for political meeting they should not express any approval or disapproval of the views enunciated by the speakers. They must remember that they are policemen first, servants of the public without distinction of party, and electors afterwards. This position is in no way altered by the above statutes.
Embezzlement.-1. When a clerk, or servant, or person employed in such capacity, commits theft, by converting to his own use any money or valuable security, received by him on account of his master or employer, before it has passed into the possession of the latter, his offence is called embezzlement. (Larceny Act, 1861, s. 68.) (See PREVENTION OF CORRUPTION; TRUSTEES.)
2. In cases of embezzlement, there is frequently a desire, rather that the amount of the defalcation should be made good than that criminal justice should be vindicated, especially if fidelity has been guaranteed by an Insurance Company.
It is therefore generally desirable that a warrant should be applied for by the defrauded party, as a guarantee that the prosecution will be proceeded with, when the absconding clerk or servant has been arrested.
Empty Houses.—Police both in town and country should invariably pay the utmost possible attention to uninhabited houses. It is a frequent practice for householders, or their servants, to leave small houses empty when at church or absent on a holiday, without any notice to the police, and this carelessness thieves take advantage of. (See ATTIC LARCENIES.)
2. Police noticing any grave irregularities on the part of servants or caretakers left in charge of houses and property in the absence of the owners should report the circumstances with a view to official communication with the persons interested.
Engravings.—When many thousand copies of an individual's portrait or of stolen articles are required for circulation, it is usually best to have the original sketch engraved on wood or metal, when it can be printed off with the necessary particulars and explanations. (See STOLEN PROPERTY.)
Erasures.—Erasures in accounts or official books are not allowable. Erasures in reports should rarely be made, as, if the report has to be transmitted to a third person, erasures say little for the clearness of the writer's mind, and it will generally be better to write the report again.
Escape of Prisoners.-1. If a person escapes from lawful custody he and all who assist him are liable to imprisonment with hard labour. (Criminal Procedure Act, 1851, s. 29.)
2. It is felony to aid any prisoner in escaping or attempting to escape from any prison, or with intent to facilitate his escape to convey or cause to be conveyed into any prison any disguise, letter, or other thing. (Prisons Act, 1865, s. 37.)
3. For an officer either voluntarily to consent to, or negligently to allow, the escape of a prisoner from his lawful custody, renders him liable to legal punishment for a misdemeanor.
If by any means, or the neglect of any precaution, a prisoner effects his escape from the police, the officer in fault is usually suspended at once ; and unless he succeeds in effecting the recapture within a few days, incurs great risk of dismissal.
4. Prisoners most frequently escape in transport from one place to another, by distracting the attention of the officer, or by obtaining some slight privilege, such as leaning out of a carriage window for air, and subsequently opening the door, or feigning indisposition and urgent wants. Instances, however, are not wanting of prisoners taking advantage of temporary confusion at a police station, or disorder created by their friends in the passage of the Police Court, to mingle unseen with the crowd and effect an escape.
5. When police lose a prisoner, they must keep cool, and use every possible exertion to head him by telegraph, cycle, motor, and mounted messengers. A telegram, or telephone message if the escape is effected on conveyance to a place, should be at once sent to the officer expecting the arrival, who very likely has witnesses, and other arrangements in readiness. (See PURSUIT OF OFFENDERS; TRAVELLING WITH A PRISONER.
† Evidence.-1. Police must give evidence with the strictest accuracy ; for the administration of justice must in a great measure depend on the trustworthiness of their evidence.
2. They should habitually make accurate observations of all matters relating to duty, that they may be able to state the whole circumstances.
3. Notes should be made at the time of the particulars of a case to refresh the memory, if necessary, when called on to give evidence, and the original notes should always be kept, even if fair copies are made. (See NOTES.)
4. Police must not suppress or overstate the slightest circumstance, so as to favour the prosecution or prejudice the prisoner. They are under as clear an obligation to inform the Court of facts which tell in favour of the accused as of facts that tell against him.
5. They should endeavour, as far as possible, to feel indifferent as to the results of cases, and they perform their duty best by stating accurately and without malice or favour all the particulars they know.
6. When the police are sufferers from injuries received, and are giving evidence against those whom they believe to be guilty, it is especially necessary that they should not allow any feelings or wishes, as to the decision of the case, to influence them. (See TEMPER.)
Greater weight will always be given to the evidence of police, if they state fully and without passion all they know and make it evident that they are speaking the whole truth.
7. They should be especially careful to state all they know upon the first occasion ; for if they afterwards add to their evidence in any material point, it is naturally looked on with mistrust, and is open to suspicion, either as to accuracy or veracity.
8. Any of the police who wilfully depart from the truth are utterly unfit for the service.
9. The police must not enter into conversations or statements, when before a Magistrate or Court, upon any matters except such as the charge under investigation makes it their duty to mention.
If the police give improper or unsatisfactory evidence, or any remarks are made respecting the evidence of police by Judges, Magistrates, or Juries, the Inspector or Sergeant present should report full particulars to his superior officer.
10. Evidence in all cases must be direct ; that is to say—
11. Evidence may be given in any proceedings of any fact in issue, and of any fact relevant to any fact in issue, unless excluded by the Judge as too remote to be material under all the circumstances of the case.
(a) If it refers to a fact alleged to have been seen, it must be the evidence of a witness who says he saw it. (b) If it refers to a fact alleged to have been heard, it must be the evidence of a witness who says he heard it, and if affecting the guilt of a prisoner, must have been uttered in his presence. (See HEARSAY.) (c) If it refers to a fact alleged to have been perceived by any other sense, in any other manner, it must be the evidence of a witness who says he perceived it, by that sense, in that manner. (d) If it refers to an opinion, or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds.
The word "relevant" means that any two facts to which it is applied are so related to each other that, according to the common course of events, one either taken by itself, or in connection with other facts, proves, or renders probable, the past, present, or future existence or non-existence of the other. (See CIRCUMSTANTIAL EVIDENCE ; COMPETENCY OF WITNESSES ; EXAMINATION, &C., OF WITNESSES (below) ; PREVIOUS CONVICTIONS, and INDEX, s.v. EVIDENCE.)† The original proofs under these headings were examined by the late Mr. Justice Stephen.
Examination and Cross-Examination of Witnesses.-1. A witness is first examined in chief by the party who calls him ; the opposite party may then, if he wishes, "cross-examine" him with the view of testing or refuting the evidence given, after which the party who called him may "re-examine" with the object of clearing up any question that may have arisen during the cross-examination.
2. The party who calls and examines a witness is not allowed to put " leading " questions, i.e., questions which suggest to the witness the answer which is desired. But in cross-examination such questions are allowed
3. Cross-examination is therefore bound to be to some extent hostile to the witness, and is sometimes extremely so, more especially if the witness has given the least impression that he is not strictly truthful and unprejudiced.
4. It is of the utmost importance that police witnesses should preserve coolness, good-temper and courtesy under cross-examination. They should remember that the advocate for the defence is generally acting on instructions which give a different version of the facts to that of the prosecution, and is in duty bound to test the latter rigorously. If insinuations are made against the truthfulness or impartiality of the witness he should not allow his feeling of injustice to provoke him to hasty or ill-tempered replies, or to be drawn into an argument. The Court will always protect a truthful and good-tempered witness against unfair treatment. If as sometimes happens the cross-examination shows that the witness has made a mistake or inaccuracy in his evidence, it should be candidly admitted at once and the explanation given. (See also EVIDENCE.)
5. As to questions the answers to which would involve a breach of confidence or an official secret, see PRIVILEGED COMMUNICATIONS.
Exercising Horses in the Street.—Every person who, to the annoyance of the inhabitants or passengers, exposes a horse or other animal for sale in, or cleans, shoes, or exercises him up and down a thoroughfare, may be summoned. (POLICE ACTS.)
Exhibit.—An exhibit is the document referred to in an affidavit, and shown to the witness when the affidavit is sworn.
Expenses.—Every detail concerning expenditure in the public service must be accurately kept. This can only be done by entering each item, as it occurs, in the diary or pocket-book. Every purchase or payment of a special character should be supported by a voucher or receipt. Any laxity in keeping accounts is certain to lead to errors, which will cause the account to be questioned.
Experts.—When there is a question on any subject on which a course of special study or experience is necessary to the formation of an opinion, including handwriting, the opinions thereon of persons specially skilled in any such matter are relevant, and the persons are called experts.
Expirees.—An expiree is a person who has undergone a sentence of penal servitude, or of police supervision, but whose sentence has expired.
Explosives.-1. The term "explosive" means every substance used, or manufactured with a view to produce a practical effect by explosion.
2. The manufacture of explosives is confined to factories lawfully existing before 1875 or to those since licensed by the Secretary of State, or to small fireworks factories, i.e., places where there is not at one time more than 100 lbs. of any explosive other than manufactured fireworks, or more than 500 lbs. of fireworks ; these are licensed by the Local Authority. (Explosives Act, 1875.)
3. Explosives may only be kept at a licensed factory or magazine and subject to regulations made by the Secretary of State. There are certain exceptions in favour of gunmakers and persons keeping small quantities for private use.
4. No explosives can be conveyed in a carriage or boat carrying public passengers in greater quantity than 5 lbs., and certain named explosives not at all, every precaution being taken for the prevention of accidents by fire or explosion, and subject to a penalty.
5. Any Government inspector, or any constable or officer of a Local Authority authorised by warrant or by written order of a superintendent of police or Government inspector, may, if he has reason to believe that an offence has been or is being committed with respect to an explosive in any place, enter such place and search for explosives. A special report must be submitted to the Home Office† (s. 73). If the case is one of emergency he may stop and enter any carriage (not on a railway) or any boat, without a warrant (s. 75).†The Chief Inspector of Explosives is attached to the Home Office, London, and to him special inquiries, reports, or complaints as to explosives should be addressed.6. Any constable or officer of the Local Authority, who has reasonable cause to believe that any explosive, or ingredient of an explosive, or substance found by him, is liable to be forfeited under the Explosives Act, may seize and detain the same until some Court of Summary Jurisdiction has determined the matter. To that end he may require the occupier of the place in which it is seized—whether a building or not, or a carriage, boat or ship—to detain the same, or he may remove it in such manner and to such place as will least endanger the public safety. If authorised by a Government inspector, Magistrate, or superintendent of police, he may cause the same to be destroyed or otherwise rendered harmless, first taking and keeping a sample thereof, and, if required, giving a portion of the same to the person owning the explosive (s. 74).
7. A Government inspector, chief officer of police, or superior officer of a Local Authority may enter any wharf, carriage, or ship, where he believes an explosive to be for the purpose of conveyance, to see if the Act is complied with, and, if he finds any offence being committed, may seize the carriage, ship, or explosive, and detain it (s. 75).
8. Explosives must not be hawked, sold or exposed for sale upon any highway, street, public thoroughfare, or public place ; the person doing so is liable to a penalty, and the explosives may be forfeited.
9. Explosives must not be sold to any child apparently under the age of thirteen years subject to a penalty.
10. It is felony if a person unlawfully and maliciously—
11. Any person unlawfully and maliciously causing by an explosive substance an explosion of a nature likely to endanger life or cause serious injury to property is guilty of a felony, and liable to penal servitude for life. (Explosive Substances Act, 1883, s. 2.)
(a) Burns, maims or does any grievous bodily harm to any person by the explosion of gunpowder or other explosive substance. (b) Causes an explosive to explode, or sends or causes to be taken by any person any explosive substance or other dangerous or noxious thing, or puts at any place or throws at or applies to any person any corrosive fluid or any destructive or explosive substance, with intent to burn, maim, or do grievous bodily harm, whether any bodily injury results or not. (b) Places or throws in or near a building, ship or vessel any explosive substance with intent to do any bodily injury to any person, whether an explosion or bodily injury results or not. (Offences against the Person Act, 1861, ss. 28, 29, 30.)
12. Any person who within or (being the King's subject) beyond the King's dominions unlawfully and maliciously
13. Any person who makes or knowingly has in his possession or control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession for a lawful object, shall, unless he can show that his object was lawful, be guilty of felony and liable to penal servitude for fourteen years (s. 4).
(a) Does any act with intent to cause, or conspires to cause by an explosive substance an explosion of the above nature in the United Kingdom, or (b) Makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property in the United Kingdom, or to enable any other person to do so, is guilty of felony, and liable to twenty years' penal servitude (s. 3). (See ANARCHISM.)
14. Great care must be taken in moving or opening any package containing, or suspected of containing, any explosive substance. If found near a railway or dwelling-house, and there is no immediate danger, it should not be removed until the arrival of an expert or superior officer of police, and no one allowed to go near it, for much may depend upon the position in which it is found ; and finger marks and footprints must be carefully secured. An immediate report should be made to the Explosives Department of the Home Office.
15. When a Government inspector, constable or officer of the local authority takes a sample of any explosive or ingredient or substance he must tender payment to such amount as he considers the market value. (Explosives Act, 1875, s. 76.)
16. Any person who enters without permission any explosives factory, magazine, or the land or wharves immediately adjoining thereto may be forthwith removed by any constable or any person authorised by the occupier and is liable to a penalty of £5 (s. 77).
17. Any person who is found committing any act for which he is liable to a penalty under the Act, and which tends to cause explosion or fire in or about any factory, magazine, store, railway, canal, harbour, wharf, or any carriage, ship or boat, may be apprehended without a warrant by a constable or an officer of the local authority, or any person authorised by the occupier (s. 78).
18. Every endeavour should be made to prevent the danger arising from the practice of children and other persons in vehicles throwing fireworks or coloured lights into the thoroughfares, thereby startling horses and causing other mischief. Proceedings should be instituted in such cases under section 80 of the Explosives Act, 1875, or the Police Acts.
Extortion.—(See THREATS AND THREATENING LETTERS.)
Extradition and Fugitive Offenders.-1. The return of fugitive criminals escaping from the United Kingdom may be obtained :-
(a) From foreign countries with which there are extradition treaties.†
(b) From British possessions.
(c) From certain foreign countries in which the King has jurisdiction.
The return of fugitives taking refuge in the United Kingdom is granted reciprocally in each of these cases.† The following is a list of countries with which treaties at present exist :— Argentina, Austria-Hungary, Belgium, Bolivia, Brazil, Chili, Columbia, Cuba, Denmark, Ecuador, France, Germany, Guatemala, Hayti, Italy, Liberia, Luxemburg, Mexico, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Portugal, Roumania, Russia, Salvador, San Marino, Servia, Spain, Sweden, Switzerland, Tonga, Tunis, United States of America, Uruguay. Occasionally the return of criminal from a country with which there is no treaty has been applied for and obtained as an act of comity.
2. Extradition to and from foreign countries is governed by the Extradition Acts and by the terms of the treaties in force with each country. The treaties usually provide that the subjects of the one Government shall not be surrendered to take their trial for any offence committed within the jurisdiction of the other, but those concluded within the last few years contain a clause to the effect that "either Government may, in its absolute discretion, refuse to deliver up its own subjects to another Government."
3. When a person charged with crime in the United Kingdom is believed to have fled to a foreign country, the following questions have to be considered before application is made for his extradition :-
(1) Whether the crime is one which comes within the Extradition Treaty with the country in question, and if the fugitive is a native of that country, whether the treaty provides for the surrender of natives.
Sometimes these questions are of difficulty, but police will generally have legal assistance in the matter, and the local Consul of the country in question will always be ready to give information.††The following principal offences occur in all treaties :—Murder, manslaughter, larceny, embezzlement, robbery, burglary and housebreaking forgery, false pretences, rape, abduction of minors, counterfeit coining.
(2) Whether the prosecutor will pay the expenses of extradition (for which he will have to give an indemnity).
Serious cases such as that of murder will, of course, be submitted to the Director of Public Prosecutions; this question therefore only arises in cases where the prosecutor is a private person.
Police are sometimes asked by the prosecutor what the expenses will amount to. It is difficult to give even an approximate answer. The question depends on the nature of the case, on the country from which the extradition is demanded, and on whether the defendant resists the proceedings. In France the expenses are generally low, in the United States extremely high.
4. If the answer to the above questions are affirmative, then application must be made by either police or prosecutor to the Home Secretary, † who will communicate through the Foreign Office with the country concerned.† In Scotland or Ireland, to the Secretary for Scotland or Ireland.5. The application should be made by letter giving the brief facts, the information as to the whereabouts of the fugitive, and should be accompanied by the following documents :-
6. When the arrest is a matter of urgency, it is sometimes sufficient for the purpose of obtaining the provisional arrest of the fugitive to furnish in the first instance only the warrant and indemnity, with an undertaking that the other documents will follow as soon as possible. In all urgent cases the letter should request that the provisional arrest should be asked for by wire.
(a) The warrant or a certified copy stating the offence in the terms of the Treaty. (b) Depositions of witnesses taken on oath before a magistrate (or better, copies certified by the magistrate) sufficient to make out a prima facie case against the accused. (c) In cases other than those conducted by the Director of Public Prosecutions, an indemnity for the expenses signed by the prosecutor. (See form, APPENDIX E.) (d) A description of the accused with, if possible, photograph and finger prints. (It is usually advisable that the description should form part of the sworn evidence.)
7. Great care should be taken that the documents are complete and correct in detail—a technical defect may render the whole proceedings abortive. When there are several charges there should be evidence with regard to all of them, as the defendant, if surrendered, can only be tried on the charge on which he was extradited.
8. It is occasionally desirable that an English police officer should be sent out to assist the foreign police in tracing and identifying the accused.
When this is done the officer should obtain a letter of introduction, which he may present, as occasion requires, to British Ministers or Consuls abroad. He should attend for this purpose at the Home Office, with an introduction from the chief officer of his force ; or, if this is not convenient, the chief officer should apply to the Home Office by letter stating the name and rank of the officer. A passport is also desirable.
He should, where possible, see the warrant and depositions signed, as cases have occurred where his evidence to this effect has removed difficulties.
An officer sent abroad in an extradition case must confine his action strictly to tracing the fugitive, and furnishing the foreign police with information. Under no circumstances may he himself attempt to arrest the fugitive, interfere in any way with his liberty in a foreign country, or endeavour by threats or undue pressure to induce him to return to England without awaiting the formalities of extradition. If a fugitive whose extradition has been demanded should voluntarily consent to return with the officer without formal extradition, the concurrence of the authorities of the foreign country must be obtained before this course is taken.
9. The arrest of fugitives to the United Kingdom from foreign countries is obtained in two ways :-
(a) Under a warrant issued at the request of the foreign country by a Magistrate at Bow Street. This is the most usual course. (b) Under a warrant issued by any Police Magistrate or Justice of the Peace "on such information or complaint, and such evidence, or after such proceedings, as would in the opinion of the person issuing the warrant justify the issue of a warrant, if the crime had been committed in that part of the United Kingdom in which he exercises jurisdiction." (Extradition Act, 1870, s. 8 (2).)
This procedure is adopted in urgent cases. The application for the warrant may be made by a police officer, but it is far better that it should be made by the Consul or other accredited agent of the country at the place in question, and in no case should it be made except at his request.
If as sometimes happens a direct request is made by a foreign police force to police of this country for the arrest of a fugitive, the matter should be referred to the local Consul, and instructions from him awaited.
The arrest of a fugitive without a warrant should only be resorted to in cases of extreme gravity and urgency.
When arrested, and after appearance before the Magistrate issuing the warrant, all subsequent proceedings take place at Bow Street, except in cases where the prisoner is seriously ill.
(b) Surrender of Criminals from and to British Colonies.
10. The mutual surrender of fugitives between the United Kingdom and British Colonies is governed by the Fugitive Offenders Act, 1881, and applies to all offences punishable, in the place where committed, by imprisonment with hard labour for twelve months or more, or any greater punishment.
11. When the fugitive has left this country for a British Colony, the procedure to be adopted is the same as in extradition cases, except that all documents (warrant, depositions, &c.) sent to the Home Office must be in duplicate, both copies being certified by the Magistrate. An indemnity is required similar to that in extradition cases. Evidence is necessary that the offence is such as comes within the Fugitive Offenders Act, and this is best supplied by a deposition by the clerk to the justices issuing the warrant.
In other respects the directions given as to extradition cases apply equally to those under this Act.
12. The arrest of a fugitive from a colony to this country may be effected either
In practice the warrant is granted on a sworn information, usually of a police officer, showing a reasonable suspicion that an offence within the terms of the Act has been committed by the alleged person, and it may be based on a letter or telegram purporting to come from the Government or any judicial or police authority of the colony stating
(a) Under the warrant issued in the colony, endorsed in this country either by the Secretary of State, a Judge of a Superior Court, or a Bow Street Magistrate.††In Scotland, the Sheriff or Sheriff Substitute for the County of Edinburgh ; in Ireland, a Police Magistrate of the Dublin Metropolitan Police District. (b) Under a provisional warrant issued here by any Justice of the Peace. This is the usual course.
(a) The offence.
(b) That a warrant has issued.
(c) That further proceedings under the Act will be taken.
After the accused has been brought before the Magistrate issuing the warrant, the subsequent proceedings are taken in England, at Bow Street ; in Scotland or Ireland before the corresponding Magistrate at Edinburgh and Dublin
(c) Other Countries.
13. The surrender of criminals can also be obtained under the Fugitive Offenders Act from the following countries in which British Consular Jurisdiction exists:— Africa (Central, East and West), Borneo, Cyprus, Turkey, Egypt, China, Japan, Corea, Zanzibar, Oil River Protectorate, Congo Free State, Madagascar, Morocco, Nyassa Districts, Pacific Islands, Persia, Siam, Somaliland.
Factories and Workshops.-1. The law on this subject is consolidated in the Factory and Workshops Act, 1901, which contains regulations for health and safety, conditions of employment, education of children, dangerous and unhealthy industries, home work, &c. The Act deals separately with Textile Factories, Non-Textile Factories, Workshops, and Domestic Factories and Workshops. Penalties are provided for offences against the Act, and in some cases orders may be made by a court of summary jurisdiction for remedying unsatisfactory conditions.
2. An Inspector of Factories is empowered :-
(a) To enter, inspect and examine at all reasonable times, by day or night, a factory or a workshop, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory or workshop ; and (b) To take with him in either case a constable into a factory or workshop in which he has reasonable cause to apprehend any serious obstruction in the execution of his duty (s. 119).
Fairs.—1. No fair can be held, save by licence from the Crown, or by virtue of long usage, from which such licence is inferred.
2. By the Fairs Acts, 1871 and 1873, the Home Secretary may, with the consent of the owner on a representation from the Justices, abolish fairs or alter the days on which they are held.
3. Sections 38 and 39 of the Metropolitan Police Act, 1839, and the Metropolitan Fairs Act, 1868, deal with fairs within the Metropolitan Police District.
False Accounting.-1. Everyone commits a misdemeanor who being a clerk, officer, or servant, or employed in such capacity, wilfully, and with intent to defraud, destroys, alters, mutilates, or falsifies any book, paper, writing, valuable security or account, which belongs to, or is in the possession of, his employer, or has been received by him for, or on behalf of, his employer.
2. Who similarly makes, or concurs in making, any false entry in, or omits, or alters, or concurs in omitting or altering any material particular, from or in any such book or any document or account. (Falsification of Accounts Act, 1875.)
False Character.-1. Any person who falsely personates any master or mistress, their representative or agent, and, either personally or in writing, gives any false, forged, or counterfeited character to any person offering himself or herself to be hired as a servant, is liable on summary conviction to a penalty. (Servants' Characters Act, 1792, s. 1.) So is a person making false assertions as to the service in which any servant was employed by him, and the time of his discharge (ss. 2 and 3)
2. Every person is guilty of a similar misdemeanor who offers himself or herself as a servant, falsely asserting or pretending that he or she has served in any place, or with a false, forged, or altered certificate of his or her character, or who falsely and wilfully pretends not to have been hired in any previous service (ss. 4 and 5).
3. By the Seamen's and Soldiers' False Characters Act, 1906, any person forging the certificate of service or discharge of any seaman or soldier, or uttering any such certificate knowing it to be forged, or personating the holder of a certificate of service or discharge, is liable to fine or imprisonment (s. 1).
4. Any man who, when entering or enlisting, or offering himself for entry or enlistment in the naval, military, or marine forces, makes use of any forged or counterfeit statement as to his character or previous employment is liable to a fine of £20, and any person making a written statement as to the character or previous employment of any man which he knows to be false in any material particular to be used for the purpose of the entry or enlistment of that man is liable to a like penalty (s. 2).
False Keys.-1. Many houses are broken into by the aid of false keys, and more particularly those occupied by persons of small means, which are frequently left vacant. If a latch key is lost the lock should be replaced by another, or slightly altered at trivial expense, so as to render the lost key useless to the finder.
2. Police should be on the alert against this class of offence, especially on Sunday evenings, or on Bank and Public holidays ; and if they notice one or two men going to several houses in which there are no lights, or which may be temporarily empty, should quietly ascertain their business, or endeavour to arrest the delinquents in the felonious act, if any.
3. If opportunity offers, it may be better to let the entry be accomplished rather than to apprehend during the progress of the attempt only, as there is then no doubt of the felonious intent. This principle of not acting prematurely, before the evidence is complete, applies to the majority of offences against property under ordinary circumstances.
False Pretences.-1. Everyone commits a misdemeanor
2. A false pretence is a false representation either by words, writing, or conduct, that some fact exists, or existed, made with a fraudulent intent to induce the person to whom it is made to act upon it. It does not matter that a person of common prudence might easily have detected its falsehood by inquiry, or that the existence of the alleged fact was, in itself, impossible.
(a) Who by any false pretence obtains from any other person any chattel, money or valuable security with intent to defraud. This includes procuring such property to be delivered to any other person. (Larceny Act, 1861, ss. 88, 89.) (b) Who with intent to defraud or injure any other person, by any false pretence fraudulently causes or induces any other person to write or sign any paper in any name, in order that it may afterwards be made, or converted into, or used, or dealt with as a valuable security (s. 90).
3. But the expression "false pretence" does not include—
4. A person commits a misdemeanor under section 13 of the Debtors' Act, 1869, if in incurring any debt or liability he has obtained credit under false pretences, or by means of any other fraud. This covers the case of obtaining a meal at a restaurant without having money to pay for it.
(a) A promise as to future conduct, not intended to be kept, and not based upon a false allegation of an existing fact. (b) Untrue or exaggerated commendation or depreciation of an article to be sold in ordinary course, unless there is a definite false assertion as to some fact capable of being positively determined. (See LARCENY.)
5. Persons found obtaining money or goods by false pretences may be arrested without warrant : also if given into custody by a responsible person.
6. A person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature, under any false or fraudulent pretence, may be arrested and dealt with as a rogue and vagabond. (Vagrancy Act, 1824, s. 4.) (See BEGGARS.)
Fastenings to Houses.—If the fastenings to houses are secure, the difficulty of a felonious entry is much increased. Windows properly bolted, or with some apparatus to prevent their being opened from without, shutters duly barred, with bells attached, and doors secured by a chain and bolts, as well as by a lock, present obstacles that are not likely to be easily overcome.
Felony.—Crimes are divided into felonies and misdemeanors, most of the more serious crimes, such as murder, rape, arson, burglary, larceny, manslaughter, &c., being felonies. There is a difference in the power of arrest (see APPREHENSION), and also in the method of trial.
Females.-1. Police on duty must not idle or gossip with females in the streets, or at the doors of houses.
2. The police must not interfere with persons speaking to females in the street, unless annoyance or obstruction is caused.
3. Offences against.—(See WOMEN AND GIRLS.)
Fences.—(See DAMAGE TO PROPERTY.)
Ferocious Dogs.—(See DOGS.)
Finding.-1. The finder of any article is bound to use due diligence to discover the lawful owner.
2. A finder of lost goods who converts them to his own use commits theft, if at the time when he takes possession of them he intends to convert them, knowing who the owner is, or having reasonable ground to believe that he can be found.
3. Police consulted by persons who have found any small article, and who are unable to go to a station, may take it from them and give a receipt, but they should be requested rather to deposit it themselves. The constable should obtain the name and address of the finder, and any other particulars, enter them in his pocket-book, and report at the station.
4. The finder of an article has a right of possession against all persons except the actual owner, provided he has done all he can to discover him.
5. Police on giving back an unclaimed article to the finder should obtain an indemnity in the form given under INDEMNITY and if the value exceeds £5, a sixpenny stamp should be affixed thereto.
Finger-Print System of Identification.-1. The fact that the patterns formed by the ridges on the finger-tips differ in each individual has been long observed. The patterns which appear on the fingers of the newly-born child persist unchanged throughout its life, and those of no two fingers have ever been found to agree.
The subject was studied during the last century with the view of discovering some system of classifying the patterns, so as to enable them to be used for purposes of identification ; but no practicable result was obtained until Sir Edward Henry, at that time Inspector-General of Police in the Lower Provinces of India, invented a simple and effective system of classification, which led to the adoption of finger-print identification first in India and afterwards in this country (1901). Since that date his system has been adopted in many other European countries, and it is without any doubt the best method of identifying criminals, alike from its simplicity, rapidity and the certainty of its results. For a full account of the system, see "Classification and uses of Finger-prints, by Sir E. Henry." Wyman and Sons, price 2s.
2. The Central Office for Great Britain is maintained at New Scotland Yard. All persons sentenced at Quarter Sessions or Assizes to not less than a month's imprisonment or at Petty Sessions to more than a month's imprisonment without the option of a fine (except for offences of an unimportant kind) are finger-printed before their release from prison, and the forms sent to New Scotland Yard ; so also are expelled aliens, and persons convicted as incorrigible rogues, or for brothel-keeping. Persons imprisoned in the first division, and in the second division for a first offence, are exempt.
3. At present (1912) the collection consists of some 180,000 forms, and a few minutes are sufficient to ascertain whether or not the case has been previously registered. It is therefore very important, when prisoners are in custody whose antecedents are not known to the force concerned that reference should be made to the Finger-print office as often as possible. (See PREVIOUS CONVICTIONS.)
The prints may be taken either by police themselves or by the Prison Officials, but it should be remembered that the statutory regulations which give power to the Governors of Prisons to take the finger prints of prisoners do not apply to police. Whereas, therefore, the prison officials may if necessary use force, police may not, and if a prisoner refuses to allow his prints to be taken by police, application should be made to the Governor of the Prison to which he is remanded.
4. A memorandum on the method of taking finger prints has been prepared for the use of police, and may be obtained of Messrs. Wyman and Sons, Fetter Lane, E.C., price 4d. Forms are supplied free by the Registrar of Habitual Criminals, New Scotland Yard.
5. Besides its principal use in identifying a prisoner in custody and thereby enabling his antecedents to be known, the fingerprint system occasionally provides valuable evidence as to the commission of crime. Many cases have occurred in which impressions of finger-tips found at the scene of a crime have, by comparison with the prints of a person afterwards arrested, afforded convincing proof of his guilt. In serious cases such as murder, burglary, &c., it is of great importance that a very thorough examination of the scene of the crime should be made for this purpose, and all articles having a smooth surface scrutinised without being handled.
If impressions showing any clear detail are found they should be photographed as early as possible. This is a process which requires a good deal of special knowledge, and if the article is of a portable nature it is best that it should be sent, carefully packed, to New Scotland Yard, where every facility for the purpose exists and is at the disposal of Provincial Forces.
Photographs will be made and compared with the prints of any suspected person, and if identifiable, the necessary enlargements prepared for production in evidence. An expert officer will also be available to attend the Court and produce and explain the exhibits.
When it is possible that the impressions may be those of some member of the household unconnected with the crime, it is well to take the finger-prints of all who might have touched the article, for comparison. In cases of murder the finger prints of the deceased person should be taken with the same object.
Fires.-1. On an alarm of fire a constable should immediately arouse the inmates of the house and adjoining buildings, and call the Fire Brigade by means of the nearest fire alarm post or telephone, or by messenger. Notice should also be sent to the turncock and to the police station.
2. Until the arrival of the firemen the police should exert themselves in every possible way for the rescue of persons in danger,† and the removal of property conformably with the wishes of the proprietors.† A wet handkerchief tied round the head and a scarf over the mouth and nostrils will facilitate breathing in walking through smoke.3. The police should clear the street or ground in the immediate vicinity of the fire of all persons not usefully employed, taking care that all the adjoining streets, as far as may be practicable, are kept clear of obstructions by crowds or vehicles, &c., so that the arrival of the engines may not be delayed, or those on business connected with the fire obstructed. Special attention must be directed to thieves and pickpockets who are usually in the crowd.
4. Much loss is sustained at fires by the unnecessary removal of furniture, especially from adjacent houses not actually on fire. The firemen will be best able to judge whether danger is to be apprehended for the adjoining houses.
5. It frequently happens that in the confusion consequent upon a fire, persons enter a house, and leave open the doors, which causes an increased current of air to add greater fury to the flames. The police should prevent this as much as possible ; but they must use their discretion in allowing respectable persons to enter, whose sole object is the saving of life or to assist the owner in the removal of articles of value. Improper characters, whose probable object is plunder, must be prevented from entering a house under any circumstances.
6. Many orders have been made by the Secretary of State declaring Part VIII. of the Public Health Acts Amendment Act, 1907, to be in force in Urban Districts.
The provisions affecting police are as follows :-
Any police constable acting under the orders of his superior officer, and any member of the Fire Brigade of the Local Authority being on duty, and any officer of the Local Authority, may enter and if necessary break into any building in the district being, or reasonably supposed to be on fire, or any building or land adjoining or near thereto, without the consent of the owner or occupier thereof respectively, and may do all such acts and things as they may deem necessary for extinguishing fire in any such building or for protecting the same or rescuing any person or property therein from fire (s. 87).
The officer in charge of the police at any fire in the district shall have power to stop or regulate the traffic in any street whenever in his opinion it is necessary or desirable to stop or regulate such traffic for the purpose of extinguishing the fire, or for the safety or protection of life or property, and any person who wilfully disobeys any order given by such officer is liable to a penalty not exceeding £5 (s. 88).
Proceedings must be by summons.
7. Every constable must be acquainted with the situation of the fire escape, Fire Brigade Station, the fire-alarm post, and residence of the turncock, nearest to every part of his beat. It should be his first inquiry on being placed on a new beat.
8. Any person giving a false alarm of fire to the Metropolitan Fire Brigade, or any officer thereof, whether by means of a street fire-alarm or otherwise, is liable to a penalty of £20. (London County Council (General Powers) Act, 1893.) A similar provision has been enacted applying to any town or parish outside the metropolitan area. (False Alarms of Fire Act, 1895.)
9. Treatment of Burns.—Apply a mixture of oil and limewater, or castor oil and collodion ; and wrap up the part in cotton-wool, wool, or flannel.
10. Treatment of Scalds.—Apply a strongly alkaline solution made with carbonâte of soda, lime, or magnesia ; and enclose the limb, or part affected, in cotton-wool, excluding air as far as possible.
First Offenders.—(See PROBATION OF OFFENDERS.)
Fixed Points.—Police on fixed-point duty have great opportunities of rendering service to the public, by the exercise of vigilance in reference to the transit of stolen property, and the passage of suspected persons, if they are alert and observant.
Food, Unsound.—(See ADULTERATION.)
Footmarks.-1. Where any offence has been committed and the delinquent has escaped, every effort must be made to find something by which his or her identity may be established.
2. This may often be done by footmarks.
3. A model may be taken of a footmark, by lightly coating it with oil and then pouring plaster of paris, or Spence's Patent Metal, into it, and allowing it to set. (See APPENDIX L.)
4. In comparing footmarks with the boot of a person suspected, a separate impression must be made with the boot, by the side of the footprint, instead of the latter being placed in the original mark. (See LORD BRAMPTON'S ADDRESS.)
5. Great care must be taken that a footmark is not trampled in or obliterated by rain, and as soon as discovered it should be carefully covered over by wood or zinc, and fenced in either by wood or cardboard to a height of at least an inch.
Footways.†—Every person who does any of the following acts on any footway may be summoned, or if in view of a constable, and it is necessary, apprehended, being liable to a fine:-
(a) Drives or rides any animal upon a footway. (b) Makes or uses any slide upon ice or snow. (c) Leaves open any cellar-flaps, coal-plates or trap-doors after notice, and to the danger of the passengers. (d) Places any blind or awning, projecting over the footway, so as to cause annoyance or obstruction. (e) Exposes goods for sale so as to cause obstruction or annoyance. (f) Rolls or carries any cask, wheel, or hoop, ladder, plank, or pole, save in loading and unloading. (g) Wilfully causes any obstruction. (POLICE ACTS.) (See HIGHWAYS.)† The Barbed Wire Act, 1893, forbids the use of barbed wire for fences in roads, streets, lanes, and other thoroughfares.
Forbearance.—Forbearance and moderation on the part of police, even under great provocation, will always be understood and appreciated by the public, and distinguish a careful officer. (See TEMPER.)
Foreign Enlistment.-1. The following are the principal offences against the Act of 1870 to the detection and prevention of which the attention of police should be directed :—
2. Watch should be kept to detect any illegal shipbuilding, or the fitting out of any illegal expedition for service in a Foreign State.
(a) Any British subject enlisting without the licence of His Majesty in the service of a Foreign State at war with another Foreign State which is at peace with His Majesty. (b) Any person inducing any other person to enlist in the service of such Foreign State. (c) Any British subject quitting or going on board a ship with a view to quit His Majesty's Dominions to accept service with such Foreign State. (d) Any person inducing others to quit His Majesty's Dominions for service as under (c), or making false representations with that view. (e) The master or owner of any ship who, without the licence of His Majesty, takes illegally enlisted persons on board.
Officers of Customs and Excise may, for the purpose of enforcing seizure or detention, call to their aid any constable, and put him on board any such ship to take charge of it.
Foreigners.-1. Foreigners should be invariably treated by the police with the utmost consideration and respect.
2. When foreigners are in custody, pains should be taken to explain the proceedings to them, and every facility given for them to communicate with the Consuls of their respective countries. (See ALIENS.)
Forgery.-1. Forgery is the making of a false document with intent that it should be acted upon as genuine and that some person should thereby suffer loss or injury. It may be committed:-
2. Uttering—that is, offering, disposing of, or putting off, with a knowledge of its character, a forged document—entails the same penalty as the Act itself, viz., penal servitude. (See BANK NOTES.) (Forgery Act, 1861.)
(a) By in any way making a document purporting to be what in fact it is not. (b) By altering a document without authority in such manner as to alter its effect. (c) By introducing into a document without authority, whilst it is being drawn up, matter altering its effect. (d) Signing a document in the name of any person without his authority. (e) Signing a document in the name of any fictitious person.
Fortune Telling.—Every person pretending or professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose on the King's subjects is a rogue and vagabond. (See ROGUE AND VAGABOND.) (Vagrancy Act, 1824, s. 4.)
Fountains.—Police must prevent, as far as practicable, any damage being done to public drinking fountains, and, if necessary, apprehend the persons so offending.
Fowl Stealing.—Fowl stealing is punishable by penal servitude. (See ANIMALS.) (Larceny Act, 1861, a. 7.)
Fraud.—Fraud is some deceit intended to be acted upon by another person. It is just as much larceny if the owner of property is induced to part with possession by a fraud or trick, as if that possession is taken from him against his will or without his knowledge. (See CONFIDENCE TRICK; FALSE PRETENCES ; LARCENY.)
Fruit Stealing.-1. The stealing of any fruit or vegetable production growing in any garden, orchard, pleasure ground, or hothouse, is punishable by imprisonment with hard labour for a first offence. Subsequently it becomes felony, punishable by penal servitude. (Larceny Act, 1861, s. 36.)
2. Stealing any cultivated root or plant used for the food of man or beast, or for medicine, or in any manufacture, and growing in any land not being a garden, &c., is punishable with imprisonment with hard labour for one month (s. 37).
Furious Riding or Driving.—Every person who rides or drives furiously, so as to endanger the life or limb of any person, or to the common danger of the passengers in any thoroughfare, may be summoned, or, if absolutely necessary, apprehended, and is liable to a penalty, or in default to imprisonment. (POLICE ACTS.) Motor traffic demands constant and vigilant attention on this head. (See MOTOR CARS.)
Furniture Removing to avoid Payment of Rent.—A constable may stop and detain, until due inquiry can be made, all carts and carriages which he shall find employed in removing the furniture of any house or lodging between 8 p.m. and 6 a.m., or whenever he shall have good grounds for believing that such removal is made for the purpose of evading the payment of rent. (POLICE ACTS.)
If inquiries are unsatisfactory verbal information should be given to the landlord or his agent. In case of dispute the cart should be taken to the police station till the matter can be dealt with by a magistrate.
Gambling.—(See BETTING (5) ; GAMING HOUSES.)
Game Licences.-1. Game includes hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.
2. Every person taking, killing, or pursuing any game, woodcock, snipe, quail, or landrail, by any means whatever, must take out a proper licence from the Post Office, and produce the same on demand, or declare his name and place of residence, subject to a penalty, for either default or refusal. (Game Licences Act, 1860.)
3. No game must be killed out of season, subject to a penalty of £1 and costs for every head. (Game Act, 1831, s. 3.)
4. Any person dealing in game without taking out a yearly licence, is liable to a penalty. (Game Licences Act, 1860, s. 14.) (See GUN LICENCES ; POACHING.)
Gaming Houses.-1. A common gaming house is one kept or used for playing therein at any game of chance, or any mixed game of chance and skill, in which a bank is kept by one or more of the players exclusively of the others, or the chances of which are not alike favourable to all the players, including the banker or other person by whom the bank is managed.
2. Keeping, managing, or assisting in the management of a common gaming house, or knowingly permitting any house or room to be used for unlawful gaming, or lending money for the purpose, are offences punishable on summary conviction. (Gaming Act, 1845 ; Gaming Houses Act, 1854.)
3. A justice, on oath that there is reason to suspect any place to be a common gaming house, may by special warrant authorise a constable to enter, if necessary by force, and search for instruments of unlawful gaming, and arrest all persons found therein. (Gaming Act, 1845, s. 3.) The Commissioner of Police for the Metropolis may issue a similar warrant.
Glanders.—(See DISEASES OF ANIMALS.)
Glove Fights.—(See PRIZE FIGHTS.)
Gossiping.-1. There is no practice more pernicious to the police service than gossiping to strangers about matters of duty. Idle rumours are readily magnified into positive facts, and, passed from mouth to mouth, may be productive of great harm, as much to individuals as to the administration of justice.
2. The police on duty should not gossip or idle with each other, or with any persons, and especially not with servants at houses on their beats.
Greenyards.-1. In nearly every parish there is a greenyard or pound, where animals found straying or in possession of prisoners, may be kept at certain charges. Any person releasing any cattle on the way to or from a pound, or damaging a pound is liable to a penalty. (Pound Breach Act, 1843, s. 1.) (See CATTLE STRAYING.)
2. The police are responsible that all animals impounded by them are properly fed and cared for.
Grievous Bodily Harm.—(See ASSAULTS (4).)
Grocers' Licences.—(See INTOXICATING LIQUOR.)
Guilty Knowledge.—(See CRIME.)
Gun Licences.-1. Every person using or carrying a gun of any description, including a pistol or revolver, from which any shot, bullet, or other missile can be discharged, elsewhere than in a dwelling-house or its immediate vicinity, not being included in the undermentioned exceptions, without taking out either a yearly gun (10s.) or game licence (£3), procurable at post offices, is liable to a penalty of £10; and any officer of police or Customs and Excise may ask to see the licence, or in default demand the name and address of the person refusing, and if he declines to furnish them and he is not known, arrest him. (See PISTOLS.) (Gun Licence Act, 1870.)
2. The following persons are exempt from gun (not game) licences :-
(a) Those in the police, naval, military, or volunteer services carrying a gun in the performance of duty, or members of a rifle club using a rifle the property of the club. (b) Servants carrying guns for masters who have licences. (c) Occupiers of lands, using or carrying a gun for the protection of their crops. (d) Gunsmiths, their servants and carriers. (See GAME LICENCES.)
Habeas Corpus.—A writ of habeas corpus may be issued by any division of the High Court of Justice. It commands the person to whom it is addressed to produce the body of an individual and justify his detention.
Habitual Criminals.—(See PREVENTION OF CRIMES ACTS.)
Habitual Drunkards.—(See DRUNKEN PERSONS.)
Hackney Carriages.—(See CABS.)
Handcuffs.-1. Handcuffs should not be used except in cases of necessity, when a prisoner is violent and likely to attempt to escape, or if the number of prisoners to be conveyed, or the special circumstances, render such a precaution necessary to prevent a rescue, or the prisoner doing injury to himself.
2. In conveying a prisoner, prior to conviction, by rail or otherwise, handcuffing must necessarily depend on whether he is likely to attempt to escape, and whether his doing so would be likely to succeed, by reason of his superior strength, or the fatigue of the officer, as also on the nature of his offence. Persons in custody for crimes of violence may well be handcuffed, while those apprehended for perjury and like offences should be treated somewhat differently.
3. If handcuffs are unnecessarily put on, and the prisoner is acquitted, he might bring an action and recover damages against the officer.
Handwriting.—The greatest care is necessary in dealing with cases in which the question of identity of handwriting is involved, and only the most searching examination by persons who have made the science a subject of long study can be relied upon. At first sight many handwritings appear the same which, upon a closer scrutiny, are entirely dissimilar. The principal points of comparison are the up and down strokes, the terminal letters, the loops of "B" "C" "L" "H" "R" "S," the crossing of "t's," the dotting of "i's," &c., and peculiar flourishes, dates, folding and use of paper, as also its make and quality. (See EXPERTS.)
2. Handwriting should, if possible, be proved by some person-
(a) Who has seen the individual, whose hand is in question, write. (b) Who has received documents purporting to be written and signed by him in the ordinary course of business. (c) Who has received papers purporting to be written by him in answer to documents written by himself, or under his authority, and addressed to that person.
Harbouring Police.—(See INTOXICATING LIQUOR.)
Harbouring Prostitutes or Thieves.—(See INTOXICATING LIQUOR.)
Hawkers.-1. A hawker, as distinguished from a pedlar, is a person who travels with a horse or other beast bearing or drawing burden, and goes from place to place or to other men's houses carrying to sell or exposing for sale any goods, wares or merchandise, and includes any person who travels by any means of locomotion to any place in which he does not usually reside or carry on business, and there sells or exposes for sale any goods, &c.
2. A hawker must be granted by the Customs and Excise a licence which is renewable annually ; but a licence is not required by any person selling fish, fruit, victuals or coal, nor to sell in any public market or fair legally established.
3. Any person requiring a licence who trades without one, or fails to immediately produce on demand a licence granted to him or to his master, is liable to a penalty. A police officer may arrest a person committing each of these offences ; but as a rule proceedings should be by summons at the instance of the Customs and Excise.
4. Every hawker is required to keep his name and the words "licensed hawker" visibly and legibly written, painted or printed upon every box or other package and every vehicle used for the carriage of his goods, and upon every room or shop in which his goods are sold, and upon every handbill or advertisement which he distributes or publishes.
5. A hawker may not lend his licence, but a servant may travel with his master's licence, and trade for his master's benefit. (Hawkers' Act, 1888.)
Hearsay.-1. A witness is not allowed to give evidence of what another person (except the prisoner) has said, unless it was said in the presence of the prisoner. This is what is meant by saying that hearsay is not evidence.
2. To this rule there are, however, the following exceptions :-
(i.) Dying Declaration (q.v.) (ii.) In cases of rape, and indecent assault on women and girls, when the victim has, within a reasonable time after the alleged offence, made a complaint as to it to some other person, that person may give evidence of the complaint made.
High Treason.-1. Everyone in the British Empire commits high treason who forms and displays by any overt act, or by publishing any printing or writing, an intention to kill or destroy the King or the Heir Apparent, or do to His Majesty any bodily harm, tending to death or destruction, maiming, wounding, or restraint. (Treason Felony Act, 1848.)
2. Everyone commits high treason who, either within or beyond the realm, actively assists a public enemy at war with the King.
3. Every person who, in the case of felony, would be an accessory before the fact is, in the case of high treason, a principal traitor. (See TREASON FELONY.)
Highways.-1. Everyone commits a common nuisance who obstructs any highway by any permanent work or erection thereon, or injury thereto, which renders the highway less commodious to the public than it would otherwise be, or who prevents them from having access to any part of it, by an excessive and unreasonable temporary use thereof, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely.
2. A highway is any public road, bridge, carriageway, bridle-path, footway, or pavement.
3. Persons taking away material deposited by the surveyor for the repair of a highway, are liable to a penalty.
4. Every person who wilfully commits any of the following offences, is liable to a penalty of 40s., in addition to liability to make good the damage occasioned, viz. :—
5. Persons committing any of the following offences are liable to a fine of £5 (£10 if the offender is the owner himself, in clauses a to e), in addition to any civil action to which the person convicted may be liable :-
(a) Rides or cycles upon a footpath by the side of a road, or leads or drives any cattle or carriage thereon. (b) Causes any injury to be done to any highway, or the hedges, posts, rails, walls, or fences thereof. (c) Pulls down, defaces, or destroys any direction-post or milestone. (d) Plays at any game on any part of a highway, to the annoyance of any passenger. (e) Pitches any tent, booth, stall, or stand, or encamps upon any part of a highway. (f) Puts anything on a highway to injure, or interrupt it. (g) Suffers any filth or offensive matter to run or flow into or upon a highway from any adjacent building or land. (h) Makes an open fire, lets off any firework, or discharges any gun or pistol within fifty feet of the centre of a carriageway, to the injury, interruption, or personal danger of any person travelling thereon. (i) Obstructs in any way the free passage of any highway. (j) Allows any waggon or cart to be on any highway without having on the right, or offside, or upon the offside shaft, his name and place of abode. (Highway Act, 1835.)
6. No one person must drive more than two carriages, waggons, or carts, with one horse each, on any highway ; and then the horse of the hinder vehicle must be attached by a rein, of not more than four feet in length, to the back of the foremost cart subject to a penalty of 20s.
(a) Furiously riding or driving, so as to endanger the life or limb of any passenger. (b) Leaving any horse, carriage, waggon, or cart unattended, or by any negligence, or wilful misbehaviour, causing any hurt or damage to any person, horse, cattle, or goods ; or leaving any cart or carriage on a highway so as to obstruct the passage. (c) Riding upon any carriage or horse, without having the reins, or some person to guide the horse or horses. (d) Who does not observe the rule of the road—viz., to keep on the left, or near side—on meeting any other waggon, cart, carriage, or beast of burden, or to allow the same to pass him. (e) Who in any manner wilfully prevents any person, carriage or waggon from passing him ; or, who by any negligence or misbehaviour, prevents, hinders, or interrupts the free passage, on any highway, of any person, waggon, cart, carriage, horse, mule, or beast of burden. (f)† Who erects any steam engine, or machinery belonging to it, within twenty-five yards of any part of any carriage or cartway.† Locomotive threshing machines are exempt from penalties and restrictions when worked under certain conditions (Locomotives Threshing Engines Act, 1894), also locomotives used for steam ploughing (Locomotives Act, 1866).
7. Offenders against the Highway Acts who are known should be summoned. If unknown, they may be apprehended without warrant by any surveyor or person acting under his authority, or any other person witnessing the commission of the offence. (Highway Act, 1835.) (See MOTOR CARS ; TRAFFIC.)
Home Office.—All business relating to police and constabulary forces, prisons, or the criminal law in England and Wales, is transacted at the Home Office, Whitehall, under the authority of the Secretary of State for the Home Department. The Secretary for Scotland, Dover House, Whitehall, has like functions for Scotland, and the Chief Secretary to the Lord Lieutenant as regards Ireland. (Dublin Castle, and the Irish Office, London.)
Homicide.—1. Homicide is the killing of a human being by a human act, but for which the person killed would not have died when he did, and which is directly and immediately connected with his death.
2. A child becomes a human being when it has completely proceeded, in a living state, from the body of its mother, and has had a separate breathing existence even for a single instant.
3. A person is not deemed to have committed homicide when the death takes place more than a year and a day after the injury causing it, counting from the day of infliction inclusive.
4. Homicide becomes murder when death is caused by an act done with the intention to cause death or grievous bodily harm, or that which is commonly known as likely to produce death or grievous bodily harm.
5. Homicide becomes manslaughter when death is unintentionally caused by an omission, amounting to culpable negligence, to discharge a duty tending to the preservation of life ; or when death is caused accidentally by an unlawful act. (See MANSLAUGHTER ; MURDER.)
Horses, Runaway.—The best way to stop a runaway horse is to run in the same direction as the horse, seize the shaft or trace with one hand (if practicable), grip the reins firmly with the other, and by a few sharp jerks endeavour to check the speed of the runaway.
Horse Slaughtering.-1. By The Towns Improvement Clauses Act, 1847, all slaughter-houses and knackers' yards must be licensed by the Local Authority. This Act is incorporated with the Public Health Act, 1875. It is in force in all urban districts outside London, and may be applied, by order of the Local Government Board, to rural sanitary districts.
2. Under the Sale of Horseflesh Regulation Act, 1889, no horse flesh may be sold for human food in any shop, stall or place where there is not a legible and conspicuous notice-board stating that horseflesh is sold there. Horseflesh may not be sold for human food to any person who has asked for some other kind of meat. A medical officer of health, inspector of nuisances, or officer of a Local Authority may seize any meat which appears to him horseflesh and is exposed for sale contrary to the Act. Search warrants may also be granted.
3. A licensed horse-slaughterer may not trade as a horse-dealer. (Protection of Animals Act, 1911, s. 6.)
4. A knacker—i.e., a person whose business it is to kill any cattle (viz., horses, asses, mules, oxen, sheep, goats or pigs) not killed for butcher's meat,—must-
subject to a fine of £10. Any constable may enter his premises at any hour by day or during business hours to see that these regulations are complied with (s. 5).
(a) Keep his name and the word "knacker" painted up ; (b) Cut the hair from the neck of any animal as soon as he receives it ; (c) Properly feed and water all animals received, and not work them ; (d) Keep books of all animals received, and not part with any alive ; (e) Not admit any person under sixteen to his yard during the slaughtering or cutting up of any animal ; (f) Not slaughter any animal in the sight of another animal awaiting slaughter ;
5. By the Diseases of Animals Act, 1910, no horse may be shipped to any port outside the British Isles unless immediately before shipment it is certified by a veterinary inspector of the Board of Agriculture and Fisheries to be capable of being conveyed and disembarked without cruelty. This Act is enforced by the Local Authority.
6. Horses Injured in Streets.—(See INJURED ANIMALS.)
Horse Stealing.-1. Everyone commits felony who steals any horse, or kills it with intent to steal the carcase or skin. (Larceny Act, 1861, ss. 10 and 11.)
2. The description of horses stolen should be circulated as soon as possible both locally and in the Police Gazette, and advertised. Inquiries should be directed at all horse auctions, as well as at fairs.
3. Horses turned out to grass, in the suburbs, are frequently stolen during the night, and may be recovered by police on duty in the early morning on the principal thoroughfares and bridges leading into the metropolis and large towns.
4. Precise information should be sought and circulated as to special marks of identity about the stolen horse, either in his appearance or action, or in his feet or shoes.
Hotel Larcenies.—Hotel larcenies are occasionally frequent, and are effected by expert thieves, male or female, who make a speciality of this class of offence. Sometimes the thief will live some days in the hotel in order to study the habits of guests who wear valuable jewellery, and seize an opportunity when they are out to rifle their rooms and decamp. Sometimes he is able, in the large hotels now in vogue, to enter the hotel unnoticed in the afternoon, go straight upstairs and allege, if challenged, that he is going to visit a guest. Unfortunately these thefts are facilitated by the careless way in which some people treat their possessions.
When it comes to the notice of police that thieves of this class are stopping in a hotel, the manager should be seen and warned ; and when they leave their destination ascertained and communicated to the police force concerned.
Housebreaking.—Housebreaking consists in breaking and entering any dwelling-house, shop, warehouse, counting-house, school-house, or building in the same curtilage as a dwelling-house, whether connected with it or not, with intent to commit a felony therein ; or breaking out after having committed a felony therein. It differs from burglary in that it need not be committed by night or in a dwelling-house. (Larceny Act, 1861, ss. 55-57.) (See BURGLARY ; DWELLING-HOUSE.)
Housebreaking Implements.-1. Everyone is liable to penal servitude
(a) Who is found, by night (9 p.m. to 6 a.m.), armed with any dangerous or offensive weapon or instrument whatever with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein. (b) Who is found, by night, having in his possession, without lawful excuse (proof of which excuse lies upon him) any picklock or false key, jemmy, centre-bit, chisel, bradawl, gimlet, or other instrument adapted for housebreaking and forcing windows, doors, or locks. (c) Who is found, by night with his face blackened, or otherwise disguised, with intent to commit any felony. (d) Who is found by night, in any building whatsoever, with intent to commit any felony therein. (Larceny Act, 1861, ss. 58 and 59.)
2. Persons found in possession of housebreaking implements. or found in or on a dwelling-house, warehouse stable or outhouse, or in any enclosed yard, garden, or area, for an unlawful purpose may also be dealt with as rogues and vagabonds. (Vagrancy Act, 1824, s. 4.)
3. Police on duty in the early morning, between dawn and 6 a.m., should be on the watch for persons likely to be possessed of housebreaking implements, which are not unfrequently carried in small black handbags by persons of respectable exterior. They can only be detected by the exercise, with due discretion, of the power to stop and search any person who may reasonably be suspected of having or conveying, in any manner, anything unlawfully obtained. (See SUSPECTED PERSONS)
Husband and Wife.-1. The police should not interfere in domestic quarrels, unless there is reason to fear that violence is likely to result.
2. In criminal cases the wife or husband of the prisoner is not a competent witness for the prosecution except in a few cases of which the following are the principal :—
3. The husband or wife of a prisoner is always a competent witness for the defence.
(a) When the husband is charged with personal injury to the wife. (b) When the husband is charged with neglecting to maintain or deserting his wife. (Vagrancy Act.) (c) The Poor Law (Scotland) Act, s. 80. (d) Offences against the Person Act, 1861, ss. 48-55. (Rape, abduction, &c.) (e) The Criminal Law Amendment Act, 1885. (Procuration, offences against girls, gross indecency, brothels, &c.) (f) Prevention of Cruelty to Children Act, 1904. (g) Married Women's Property Act, 1882, ss. 12 and 16 (see below). (h) Children Act, 1908.
4. A wife cannot proceed criminally against her husband with respect to any wrongful act done by him concerning her property (e.g., larceny), if such act was committed whilst they were cohabiting, unless it was committed when about to desert her. The same applies to proceedings by a husband against his wife. (Married Women's Property Act, 1882, ss. 12-16.)
5. As a general rule, if a crime is committed by a married woman in the presence of her husband, the law presumes that she is acting under his compulsion, and is therefore not guilty. Probably, however, this presumption does not apply in murder or treason ; and in any case it can be rebutted by evidence which shows that the wife was the principal offender, acting voluntarily.
6. A wife deserted by her husband may apply to a Court of Summary Jurisdiction for an order to protect any money or property she may acquire after such desertion against her husband or his creditors. This " protection order " must be registered at the County Court within ten days. (Matrimonial Causes Act, 1857.)
7. A married woman whose husband —
may apply to a Court of Summary Jurisdiction for an order under the Summary Jurisdiction (Married Women) Act, 1895.
(a) Has been convicted summarily of an aggravated assault on her ; (b) Has been convicted on indictment of an assault on her and has been sentenced to a fine of more than £5 or imprisonment for more than two months ; (c) Has deserted her ; (d) Has been guilty of persistent cruelty to her or wilful neglect to maintain her or his children, and has by such cruelty or neglect caused her to leave him and live apart ; (e) Is a habitual drunkard (q.v.);
8. The Court may make any or all of the following orders :-
9. If the wife is a habitual drunkard, the husband may obtain a similar order. (Licensing Act, 1902, s. 5.)
(i.) That she is no longer bound to cohabit with him. (This is equivalent to a decree of judicial separation by the Divorce Court.) (ii.) That she is to have legal custody of the children. (iii.) That he is to pay her a weekly sum not exceeding £2.
Identification of Prisoners.-1. It is of the utmost importance that the identification of a person who may be charged with a criminal offence should be conducted in the fairest possible manner. (See FINGER PRINT SYSTEM OF IDENTIFICATION.)
2. With this end in view the following procedure should be observed :
(a) The officer in charge of the case against the prisoner, although present, should take no part in the particular proceedings connected with the identification, which should be carried out by the officer on duty in charge of the station or court. (b) The witnesses should not be allowed to see the accused before he is placed with others for the purpose of identification, nor should they be shown photographs of him or verbal or written descriptions. (c) The accused should be placed among a number of persons (not police)—eight or more, of similar age, height, general appearance, and class of life. He should be invited to stand where he pleases among them, and to change his position after each witness has been called in. He should be asked if he has any objection to any of the persons present, or the arrangements made, and, if he wishes, his solicitor or a friend actually in attendance may be allowed to be present. (d) The witnesses should be brought in one by one, and be directed to touch the person they identify. On leaving they should not be allowed to communicate with any other witness in waiting. (e) Every circumstance attending the identification should be carefully noted by the officer carrying it out, and whether the accused be identified or not, care being taken that when a witness fails to identify the fact should be as carefully recorded with name and address as in the contrary case—the object being that no subsequent allegation of unfairness can lie. (f) Any statement made by the person suspected must be recorded at once and read over to the officer in charge of the case in the presence of the prisoner, who should be invited to sign it.
Idle and Disorderly Persons.-1. The following are idle and disorderly persons :-
2. Any person may arrest any person so offending. (Vagrancy Act, 1824, ss. 3 and 6.) (See VAGRANCY.)
(a) Any person able to maintain himself or his family who wilfully neglects to do so. (b) Any person returning and becoming chargeable to a parish from which he was removed by order of two justices. (c) Every petty chapman or pedlar wandering abroad and trading without a certificate. (d) Every common prostitute wandering in the public streets or highways or in any place of public resort, and behaving in a riotous or indecent manner. (a) Every person wandering abroad or placing himself in any public place to beg or gather alms or causing or procuring any child to do so.
Ignorance of Law.—Every person above fourteen years of age is assumed to be cognisant of the law, and ignorance thereof is no excuse for any unlawful act. (See CRIME.)
Illegal Arrest.—Police are liable in damages for illegal arrest. (See ACTIONS AGAINST POLICE ; APPREHENSION.)
Illegal Pawning.-1. If any person knowingly and designedly pawns anything, the property of another person, without authority, he is liable to a penalty, in addition to the full value of the pledge, payable to the party injured as compensation and costs. (Pawnbrokers Act, 1872, s. 33.)
2. Every person who takes in pawn from, or solicits, or assists, or acts for a soldier in pawning, any arms, regimental accessories, &c. is liable to a penalty. (Army Act, 1881, s. 156.) (See PAWNBROKERS.)
Illegitimate Children.—(See BASTARDY.)
Incest—1. By the Punishment of Incest Act, 1908, any male person who has or attempts to have carnal knowledge of a female person who is to his knowledge either his granddaughter, daughter, sister, or mother, commits a misdemeanor.
2. When a male person over twenty-one years of age is convicted of such an offence, the Court may deprive him of any authority over the female, or remove him from her guardianship.
3. Any female person over sixteen who, with consent, permits her grandfather, father, brother or son (knowing them to be such) to have carnal knowledge of her, commits a misdemeanor. These offences are not triable at Quarter Sessions.
4. The expressions "brother" and "sister" include "half-brother" and "half-sister."
5. No prosecution for any such offence can be begun without the sanction of the Attorney-General, unless it is begun by the Director of Public Prosecutions.
6. When facts pointing to the commission of such an offence come to the knowledge of police, they should immediately report them for transmission to the Director of Public Prosecutions for his consideration, and not arrest the suspect without his directions.
7. It sometimes happens that a person who commits some other offence, such as rape, or indecent assault on a child, is also, by reason of his relationship to the victim, guilty of incest. In such cases there is no objection, should the circumstances require it, to charging the person with such other offence, and afterwards submitting the facts to the Director, in order that he may, if necessary, prefer a further charge under the Incest Act. (See WOMEN AND GIRLS, OFFENCES AGAINST.)
Inciting to Crime.—(See ACCESSORIES ; CONSPIRACY.)
Incompetency of Witnesses.—(See COMPETENCY OF WITNESSES.)
Incorrigible Children. (See INDUSTRIAL SCHOOLS.)
Incorrigible Rogues.—An incorrigible rogue is a person-
(a) Who has been twice or oftener convicted as a rogue and vagabond. (b) Who violently resists any constable apprehending him for being a rogue and vagabond, and convicted as such. (c) Who breaks or escapes out of any place of legal confinement before the expiration of the sentence passed on him for being a rogue and vagabond. (Vagrancy Act, 1824, s. 5.) (See ROGUE AND VAGABOND; VAGRANCY.)
Indecency.-1. Any gross act of public indecency is a misdemeanor at common law. Proceedings will, however, usually be taken under some statute or byelaw. (See the following headings, and PROSTITUTES.)
2. With Males.—Any male person who in public or private commits, or is a party to the commission of, or procures or attempts to procure, the commission by any male person of any act of gross indecency with another male person is guilty of a misdemeanor. (Criminal Law Amendment Act, 1885, s. 11.)
3. Police should not conceal themselves for the purpose of watching persons supposed to be about to commit offences of indecency. It is better to interfere as soon as occasion arises, rather than to wait till a more serious offence is committed.
Indecent Advertisements.-1. Whoever affixes to, or inscribes on any house, building, wall, gate, hoarding, fence, tree, or other thing whatsoever, so as to be visible to a person passing along any street, public highway, or footpath, any picture or printed or written matter of an indecent or obscene nature, or relating to any complaint or infirmity arising from or relating to sexual intercourse, or delivers, or attempts to deliver, the same to any person, or throws it down an area, or exhibits it in the window of any house or shop, or affixes or inscribes it on any public urinal, is liable, on summary conviction, to a fine of 40s., or one month's imprisonment with hard labour.
2. Any constable may arrest, without warrant, any person he finds committing any such offence. (Indecent Advertisements Act, 1889.)
Indecent Assault.—(See ASSAULTS.)
Indecent Exposure.-1. Every person wilfully and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort with intent to insult any female, may be apprehended and dealt with as a rogue and vagabond. (Vagrancy Act, 1824.)
2. Every person who in any street or open space to which the public have access commits or attempts to commit any act of indecency with any other person, or who to the annoyance of residents or passers-by commits any indecent act, may be dealt with under byelaws made by the County or Borough Councils, if such byelaws have been made.
3. Men who bathe without any screen or covering so near to a public footpath that exposure of their persons must necessarily occur are guilty of an indictable nuisance, or they may also be dealt with summarily under byelaws.
4. Under section 28 of the Town Police Clauses Act, 1847, which applies only to urban districts, every person who in any street to the annoyance of residents or passengers wilfully and indecently exposes his person may be apprehended and charged with the offence.
5. Section 81 of the Public Health Acts Amendment Act, 1907, provides that any place of public resort or recreation ground belonging to or under the control of the Local Authority, and any unfenced ground adjoining or abutting upon any street in an urban district, shall, for the purpose of the Vagrancy Act, 1824, be deemed to be an open and public place, and a street for the purpose of indecent exposure under sect. 28 of the Town Police Clauses Act. (See para. 4.)
6. These provisions have been put in force by Orders of the Secretary of State in a large number of districts, and give increased powers to police.
7. Charges of indecently exposing the person should not be lightly made, especially if it is possible that there was no improper intention.
Indecent Prints, Exhibitions, or Songs.-1. Every person wilfully exposing to view in any street, road, highway, or public place or in the window or other part of any shop so situated, any obscene print, picture or other indecent exhibition, is liable to be apprehended, and dealt with as a rogue and vagabond. (Vagrancy Acts, 1824, s. 4, and 1838, s. 2.) Selling obscene publications is a misdemeanor punishable on indictment.
2. Every person publicly offering for sale or distribution, or exhibiting to public view any profane, indecent, or obscene book, paper, print, drawing, or representation ; or singing any profane or obscene song ; or writing or drawing any indecent or obscene word, figure, or representation ; or using any profane or obscene language to the annoyance of the inhabitants or passengers, in a street, within view of any constable, may be apprehended, and is liable to a penalty. (POLICE ACTS.)
3. A person sending by post a packet enclosing any indecent or obscene print, book or article, or having on the packet or the cover, words, marks or designs of an indecent, obscene, or grossly offensive character, commits a misdemeanor punishable either summarily or upon indictment. (Post Office Act, 1908, s. 63.)
4. Any person importing indecent or obscene prints, &c., into the United Kingdom commits an offence against the Customs Law Consolidation Act, 1876, s. 42.
5. Indecent or obscene writings or drawings on doors, pavements, &c., should be obliterated by police, and the offenders charged if detected.
6. If bills or pamphlets of an apparently indecent character are being distributed, police should obtain copies, and submit them for examination and directions ; but in gross cases the offender should be arrested at once.
Indemnity.—Whenever property deposited with police is returned to the depositor an indemnity should be taken from the person to whom it is given up. It may be in the following form :—"I , ofWhere the property is of, or above the value of £5, a sixpenny adhesive agreement stamp should be affixed to the form of indemnity at the cost of the finder, and duly cancelled. (See FINDING.)
do hereby acknowledge to have received from
the following articles, viz.:—
found by me and delivered to the care of the police ; and in consideration of the re-delivery to me, I undertake to return it (or them) or the value in the event of the loser or lawful owner hereafter claiming and proving his right to the property, subject to any deductions for advertisements or other reasonable payments actually made in endeavouring to find the real owner.
Dated the day of 19 .
Indictments. —1. An indictment is a written accusation against a prisoner of a crime preferred to and presented upon oath by a grand jury.
2. Immediately after a prisoner is committed for trial, the officer in charge of the case, unless there is a prosecuting solicitor, should prepare the instructions for the indictment according to the proper forms, taking care that the names of all witnesses are correctly spelt, and legibly written.
Industrial Schools.-1. Any person may apply to a Magistrate for an order for a child, under fourteen years of age, found begging, destitute, without home or means of subsistence, under the care of a parent or guardian who by reason of criminal or drunken habits is unfit to have care of the child, frequenting the company of thieves or prostitutes, or residing with prostitutes, to be sent to a certified industrial school. It is the duty of the police to exercise this power. (Children Act, 1908, s. 58.)
2. Children under the age of twelve, or in special cases thirteen, years charged with an offence punishable by imprisonment or a less punishment, may be sent to a certified industrial school.
3. A child under fourteen may also be sent to an industrial school
4. Instead of sending a child to an industrial school the Court may make an order for committing it to the care of a relative or other fit person named by the Court.
(a) On the application of a parent or guardian who proves that he is unable to control the child. (b) On the application of the poor law authorities, and proof that a child maintained in a workhouse or poor law school is refractory, or is the child of parents either or both of whom have been convicted of an offence punishable with penal servitude or imprisonment. (c) On the complaint of a local education authority, for the purpose of enforcing a school attendance order.
5. Parents or guardians may be ordered to contribute towards the cost of a child's maintenance while in an industrial school (s. 75).
6. Any child escaping from an industrial school may be apprehended without warrant and taken before a Magistrate. Any person assisting or inducing a child to escape from an industrial school, or the supervision of the managers, or knowingly harbouring or concealing a child who has so escaped, or assisting in so doing, is liable to fine or imprisonment (s. 72).
7. In certain circumstances a child sent to an industrial school may be let out on licence to live with a trustworthy and respectable person (s. 67.) (See REFORMATORIES, YOUTHFUL OFFENDERS.)
Inebriates.—(See DRUNKEN PERSONS.)
Infanticide.-1. Infanticide is the killing of a child after it is born. The main questions to be determined are :-
2. If it is proved that death is owing to violence, the question arises as to who is the murderer. Suspicion generally falls on the supposed mother, and it is to be determined
(a) If the child was born alive? (b) If so, by what means did it die?
3. The cases of infanticide, occurring in large cities, are usually those of children whose bodies are found deposited in the streets and elsewhere, and the mother is unknown. As in the case of abandonment, the covering of the body must be carefully examined for any signs of identity, and any birth marks carefully noted, to facilitate the institution of inquiry at hospitals, lying-in wards, workhouses, and among those who attend poor women in their confinements.
(a) Whether she has been delivered of a child ? (b) Whether the signs of a delivery correspond with the age of the child ? At the same time a woman cannot be compelled against her will to undergo a medical examination for the purpose of ascertaining if such is the case.
Upon the finding of a dead child or foetus, all wraps, paper, clothing, or string should be carefully preserved for examination. (See CONCEALMENT OF BIRTH.)
Infectious Diseases.-1. By the Infectious Disease (Notification) Act, 1889, extended in 1899 by 62 & 63 Vict. c. 8, throughout England and Wales, the Medical Officer of Health in every district must be informed of the occurrence of any case of small-pox, cholera, diphtheria, erysipelas, scarlatina, scarlet fever, typhus, typhoid, relapsing, continued, or puerperal fever, or any other infectious disease to which the Act has been applied by the Local Authority.† The penalty for default is 40s. ; and the duty is incumbent upon the head of the family, the relatives attending the sick person, the occupier of the building, and the medical practitioner.† By an Order made by the London County Council on 23rd March, 1909, the Acts apply to the diseases known as glanders, anthrax, and hydrophobia in man.2. The Public Health (London) Act, 1891, ss. 58-74, in London, and the Public Health Acts Amendment Act, 1907, elsewhere, make elaborate provision for preventing the spread of infectious diseases. Subject to heavy penalties these Acts provide against (inter alia)—
By an Order of the Local Government Board, dated 15th November, 1911, medical men are required to notify cases of pulmonary tuberculosis to the Medical Officer of Health of the district.
3. When any part of England appears to be threatened with any formidable epidemic or infectious disease, the Local Government Board may make special regulations.
(a) Any person, while suffering from any dangerous infectious disorder, wilfully exposing himself, without proper precautions against spreading the said disorder, in any street, public place, shop, inn, or public conveyance. (b) Any person in charge of a person so suffering, who exposes him as above. (c) Knowingly letting a house or rooms in which a person has been suffering from a dangerous infectious disorder without having it disinfected. (d) Sending infected clothes to a laundry without disinfecting them. (e) Sending a child to school which is or has been suffering from infectious disease or exposed to infection, after notice from the medical officer that it is not to be sent.
Informality.—Although informality may seem a trifling thing, it nevertheless vitiates legal proceedings, and in the conduct of public business occasions the greatest inconvenience, trouble and delay.
Information.-1. For the "information" which should precede the issue of a warrant, see WARRANTS.
2. For "circulating information" concerning persons wanted, and property lost or stolen, see PRINTED INFORMATIONS.
3. Police work is impossible without information, and every good officer will do his best to obtain reliable intelligence, taking care at the same time not to be led away on false issues. Information must not be treasured up until opportunity offers for action by the officer who obtains it, but should be promptly communicated to a superior, and those who are in a position to act upon it. Not only is this the proper course to take, in the public interest, but it will be certainly recognised, both by authorities and comrades, promoting esteem and confidence, which will bring their own reward.
Informers.-1. A police officer who keeps his own counsel and does not gossip or divulge confidences, will have plenty of informers. The great majority of respectable citizens rightly understand their own interests, and are glad to render assistance to a constable, who does not talk or divulge their names, and whom they can trust.
2. In no case must an informer be even indirectly invested with any official character, or be allowed to act, as if actually a police officer.
3. There can rarely be occasion to divulge the name of an informant, and it should be kept secret, as far as possible, both in honour and in the public interest. If a constable is asked, in cross-examination, from whom he derived his information, he should decline to answer, unless directed by the Judge, and even then he should ask permission to write it down and hand the paper to the Bench without its being seen by the Press or the prisoner or his friends. Similarly if the name of his informer is mentioned, and he is asked if the information came from him.
Injured Animals.-1. If a constable finds any horse, mule, ass, ox, sheep, goat, or pig so diseased, or so severely injured, or in such a physical condition that in his opinion there is no possibility of removing it without cruelty, he must, unless the owner consents to the destruction of the animal, send for a veterinary surgeon, if there is one within reasonable distance.
2. If the surgeon certifies that the animal is mortally injured, or so severely injured or so diseased or in such a condition that it is cruel to keep it alive, the constable should have the animal slaughtered with as little suffering as possible, and the carcase removed.
3. If the veterinary surgeon certifies that the injured animal can without cruelty be removed, it is the duty of the person in charge of the animal to remove it, and if he does not the constable may have it removed. Expenses may be recovered from the owner. (Protection of Animals Act, 1911, s. 11.)
Injured Persons.—(See ACCIDENTS ; AID TO THE INJURED.)
Inquests.—The holding of inquests on dead bodies is entirely a matter for Coroners to decide, upon notice of the discovery of a dead body or of human remains, although they may be compelled to hold or re-open an inquest by mandamus. (See CORONERS.)
Inquiries.—(See MAKING INQUIRIES.)
Insanity.-1. Every person is presumed to be sane, and responsible for his acts, until the contrary is proved on his behalf.
2. No act is a crime if the person who does it is, at the time when it is done, prevented by any mental disease, from
(a) Knowing the nature and quality of his act.
(b) Knowing that the act was unlawful.
(c) Controlling his own conduct. (See LUNATICS.)
3. At the same time police must be on their guard against feigned insanity. It can often be detected by surprise visits and close observation.
Insane Persons.—(See LUNATICS.)
Insects and Pests.—By an order of the Board of Agriculture and Fisheries, dated 3rd May, 1910, it is an offence for the occupier of any premises on which one of the undermentioned insects or pests is discovered to fail to give notice to the officer appointed by the Local Authority, or, if no such officer has been appointed, to the Board :—The Vine Louse, the San Jose Scale, the Mediterranean Fruit Fly, the Colorado Beetle, the Large Larch Saw Fly, the Potato Moth, the Gipsy Moth, the Brown Tail Moth, the Nun Moth, the Cherry Fly, the Narcissus Fly, Black Knot, Wart Disease or Black Scab of Potatoes, Tomato Leaf Spot, Melon or Cucumber Canker, American Pear Blight.
Inspectors of Police.—It is the duty of inspectors and other superior officers of police to recollect that language spoken and acts committed by them assume greater importance in the eyes of the public than the utterances or deeds of subordinates. They should set an example to those under them of zeal and rectitude of conduct on and off duty, of civility to the public, obedience to orders, loyalty to superiors, and good feeling towards equals, always recollecting that it is as much their duty to advise and encourage constables as to report them for misconduct ; never passing over, however, any want of respect or wilful fault.
Interference.—Police may sometimes provoke assaults on themselves, and incite resistance to their authority by unnecessary interference.
When they have to act, they should do so promptly and with determination, but until then they should abstain from interference.
A few civil words, such as " I beg your pardon, but--," or " I am sorry to trouble you, but--," will often facilitate a disagreeable task. (See MISTAKES.)
Interrogation of Prisoners. —(See QUESTIONING.)
Intimidation.-1. Every person is liable on summary conviction or indictment to a penalty of £20, or three months' imprisonment, who; with a view to compel any person to abstain from doing or to do any act which he has a legal right to do or abstain from doing, wrongfully and without legal authority—
2. It is lawful for one or more persons, acting on their own behalf, or on behalf of a trade union, or of an individual employer or firm, in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working. (Trade Disputes Act, 1906.)
(a) Uses violence to or intimidates him, or his wife, or children. (b) Injures his property. (c) Persistently follows him about from place to place. (d) Hides his tools, clothes, or other property, or deprives or hinders him in the use thereof. (e) Watches or besets the house, or other place where such person resides, or works, or carries on business, or happens to be, or the approach to such house or place. (f) Follows him, with two or more other persons, in a disorderly manner, in or through any street or road. (Conspiracy and Protection of Property Act, 1875, s. 7.)
3. There is no power of arrest for offences created by the Act of 1875, so that proceedings must be by summons. Other offences are, however, likely to arise, e.g., disorderly conduct, using threatening or insulting words or behaviour, assault and malicious injury to property, and for such offences it may be advisable to arrest the offenders with a view of preserving public order.
Great discretion should be exercised by police in intervening in a strike.
Intoxicating Liquor.-1. The law on this subject is mostly contained in the Licensing (Consolidation) Act, 1910 ; but parts of the Beerhouse Acts, 1830, 1834 and 1840, and the Licensing Acts, 1872 and 1902, are still in force.
2. "Intoxicating liquor" means spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, distilled, or spirituous liquor which cannot be legally sold without an Excise licence.
"Sale by retail" means the sale at any one time to one person of any quantity of spirits, wine or sweets not exceeding two gallons, or one dozen reputed quart bottles ; or any quantity of beer or cider not exceeding four and a half gallons, or two dozen reputed quart bottles.
3. No person may sell intoxicating liquor without an Excise licence, and an Excise licence is only granted to a person who holds a Justices' licence authorising such grant. A Justices' licence is, however, not required for—
4. No licence is required for the sale of intoxicating liquor on the premises of a registered club to members of the club. (See CLUBS.)
(a) An Excise licence taken out by a wine or spirit dealer to sell wine or spirits by retail for consumption off the premises in premises which are exclusively used for the sale of intoxicating liquors or mineral waters, and which have no internal communication with the premises of any person who is carrying on any other trade or business. (b) The sale of spruce or black beer. (c) The sale of intoxicating liquors by the proprietors of licensed theatres. (d) The sale of intoxicating liquors in passenger ships, railway restaurant cars, or canteens. (e) The sale of intoxicating liquor by wholesale. (f) Sales by certain privileged bodies such as Universities, the Corporation of St. Albans, and the Vintners' Company. (g) The sale of intoxicating liquors on unlicensed premises by virtue of an occasional Excise licence granted with the consent of a Petty Sessional Court after twenty-four hours' notice to the Superintendent of Police.
5. Justices' licences are divided into "On Licences" for the sale of intoxicating liquor for consumption on the premises, and "Off Licences" (or "Grocers' Licences ") for the sale of liquor not to be consumed on the premises. A "full" or "publican's" on-licence authorises the sale of any kind of intoxicating liquor for consumption on the premises. Other kinds of on-licences and all off-licences authorise only the sale of such liquor as is specified therein.
6. A register of licences is kept by the justices' clerk and is open to the inspection of police. Justices' licences are granted at the General Annual Licensing Meeting in February. They come into force on April 5th and remain in force, unless forfeited, for twelve months, when they have to be renewed.
7. A licensing district is a Petty Sessional Division of County, or a Borough having a separate Commission of the Peace.
8. The Licensing Justices are:
9. The Confirming Authority are :-
(a) In a Petty Sessional Division of a County, the Justices acting in and for the Petty Sessional Division. (b) In a County Borough, the Borough Licensing Committee appointed by the whole body of Borough Justices. (c) In other boroughs having ten or more justices, the Borough Licensing Committee for new licences and removals, and for other purposes the Borough Justices. (d) In other boroughs not having ten justices, the Borough Justices.
10. The Compensation Authority are :-
(a) In a Petty Sessional Division of a County, Quarter Sessions. (b) In a Borough with more than ten justices, the whole body of Borough Justices. (c) In a Borough with less than ten justices, the Joint Committee of three County Justices and three Borough Justices.
11. An applicant for a new justices' licence must—
(a) In a County Borough, the whole body of Borough Justices. (b) Elsewhere, Quarter Sessions.
12. On granting a new on-licence (except for wine only) the justices may attach such conditions, both as to the payments to be made and the tenure of the licence, and as to any other matters, as they think proper in the interests of the public. Conditions must be attached for securing to the public the "monopoly value" of the premises when licensed. They may also grant the licence for any term not exceeding seven years, after which an application for a re-grant will be treated as an application for a new licence. All grants of new licences require confirmation by the Confirming Authority.
(a) Advertise his application in a local newspaper not more than four nor less than two weeks before he applies, and on such day or days as may be fixed by the licensing justices. (b) Affix a notice on the door of the premises and on the door of the parish church on two consecutive Sundays within twenty-eight days of applying. (c) Give twenty-one days' written notice to the superintendent of police, the clerk to the licensing justices, and an overseer of the parish. (d) If the application is for an on-licence, deposit a plan of the premises with the clerk to the licensing justices at least twenty-one days beforehand.
13. Provisional licences may be granted for new premises in course of construction.
14. A licensee applying for renewal of his licence need not appear in person unless the justices require him to do so. The justices cannot listen to any objection to a renewal unless seven days' written notice has been given to the licensee, but they may adjourn to allow of notice being given. All evidence must be on oath.
15. The powers of licensing justices to refuse renewals are as follows :-
I. On-licences for the sale of beer or cider on premises which were licensed on May 1st, 1869, must be renewed unless—
II. Other on-licences which were in force on August 15, 1904 (except for wine alone), must be renewed unless—
(a) The applicant fails to produce satisfactory evidence of good character. (b) The licensed premises or any adjacent house or shop owned or occupied by the applicant is of a disorderly character, or frequented by thieves, prostitutes, or persons of bad character. (c) The applicant has previously forfeited a licence or been disqualified. (d) The applicant or the premises are not duly qualified as required by law.
III. The renewal would be void.
(a) The premises have been ill-conducted, or are structurally deficient or unsuitable. (b) For reasons connected with the character or fitness of the applicant.
(c). Off-licences for the sale of wine, spirits, sweets, or cider, which were in force on June 25th, 1902, must be renewed, except for one of the reasons for which the renewal of an old beerhouse licence (see I.) may be refused, or unless the applicant has sold surreptitiously under the licence, or has in any other way been guilty of misconduct in the management of his business.
IV. The above are called "old licences." Licences which were granted since the dates mentioned have no vested right to renewal. If licensing justices refuse to renew an old licence, they must specify in writing the grounds of their refusal.
16. If licensing justices think the renewal of any old on-licence requires consideration on grounds other than those specified above, they must refer the question to the Compensation Authority with a report. The Compensation Authority may refuse the renewal, but in that case compensation must be paid out of the compensation fund in manner provided by the Act.
17. The licensing justices hold "transfer sessions" at least once a quarter for transferring licences on the death, incapacity, bankruptcy, or removal from the premises of the holder, to another fit and proper person. Fourteen days' notice of an application for a transfer must be given to the overseers of the parish and to the superintendent of police. The rules as to renewals apply also to transfers. Pending transfer a "protection order" may be granted.
18. Applications for the removal of a licence to other premises in the same county—called "ordinary removals "—are dealt with like applications for new licences by the licensing justices of the district where the new premises are situate.
19. A "special removal" is a removal to other premises in the same licensing district on the special ground that the existing premises—
The rules as to "special removals" are the same as for transfers, except that the notice must also be exhibited on the door of the new premises and of the church of their parish.
(a) Are about to be pulled down or occupied for any public purpose ; or (b) Have been rendered unfit for use by fire, tempest, or other unforeseen and unavoidable calamity.
20. There is an appeal to Quarter Sessions against a refusal by licensing justices to grant a renewal, transfer, or special removal.
21. Licences cannot be granted to sheriffs' officers, or persons convicted of felony, or of forging a licence, or of permitting licensed premises to be a brothel, or persons ordered to be disqualified: nor in respect of premises which are not structurally suitable, or do not contain two rooms, if spirits are sold, and otherwise one room, for the accommodation of the public, or which are not of the annual value required by the Act.
22. Premises licensed for the sale of intoxicating liquors must be closed during the following hours :-
I. In England
(a) Premises within the administrative County of London or within a four-mile radius of Charing Cross:-
Weekdays-12.30 a.m. to 5 a.m.
Saturdays—Midnight to 1 p.m. Sunday.
Sundays-3 p.m. to 6 p.m. and 11 p.m. to 5 a.m. Monday.
(b) Elsewhere in the Metropolitan Police District, or in a town or populous place with a population of at least 1,000 :-
Weekdays-11 p.m. to 6 a.m.
Saturdays-11 p.m. to 12.30 p.m.† Sunday.
Sundays-2.30 p.m. to 6 p.m. and 10 p.m. till 6 a.m. Monday.
(c) Elsewhere :—As in (6) except that premises close at 10 p.m. instead of 11 p.m.
II. In Wales :-
In towns and populous places-11 p.m. to 6 a.m. and the whole of Sunday. Elsewhere—from 10 p.m. to 6 a.m. and all Sunday.
The closing hours for Christmas Day and Good Friday, and the preceding day, are the same as for Sunday and Saturday.†The justices may alter this to 1 p.m., after which the premises need not be closed till 3 p.m.23. The applicant for a new licence or a transfer, removal, or renewal may ask the licensing justices to insert a condition that he is to close his premises for the whole of Sunday or an hour earlier at night. He is then entitled to a certain remission of duty.
24. If a Petty Sessional Court (in London the Commissioner of Police) thinks it desirable for the accommodation of a considerable number of persons attending a public market or following any lawful trade or calling, it may grant to the licensee of premises in the immediate neighbourhood a "general exemption order," exempting him from the provisions of the Act as to closing hours on such days and during such time (except between 1 a.m. and 2 a.m.), as may be specified in the order. A notice to that effect must be exhibited outside the premises.
25. The same authority may grant a " special exemption order " for a special occasion, such as a ball, public dinner, &c.
26. If any person during closing hours sells or exposes for sale on licensed premises any intoxicating liquor, or keeps the premises open for such sale, or allows any intoxicating liquor to be consumed on the premises, even though purchased before closing time, he is liable to a fine of £10 for a first, and £20 for a subsequent offence, provided that—
27. Any person found on licensed premises during closing hours is liable to a fine of £2, unless he can prove that he was an inmate, servant or lodger on the premises, or a bonâ fide traveller, or that otherwise his presence was no contravention of the Act. A constable may demand the name and address of any person so found and, if he reasonably believes the reply to be false, may require evidence of its correctness, and, if such person fails to give his name or address or the required evidence, he may arrest him. If a person, by falsely pretending to be a traveller or lodger, obtains or attempts to obtain intoxicating liquor during closing hours, he is liable to a fine of £5.
(a) A licensee may supply intoxicating liquor after closing hours to private friends bonâ fide entertained by him at his own expense, but he cannot as a rule convert "customers" into "friends" by asking them to stay on. (b) He may sell liquor to be consumed on the premises at any time to persons lodging in his house, or (except on Sunday where he has a six-day licence) to bonâ fide travellers, or persons whom he truly and reasonably believes to be bonâ fide travellers, i.e., persons who lodged during the preceding night at least three miles away by the nearest public thoroughfare. (c) Intoxicating liquor may be sold at any time at a railway station to persons arriving at or departing from the station by railroad.
28. Any two justices for a county or place where any riot or tumult happens or is expected may order all licensed premises in or near the scene of the riot or tumult to be closed for such time as they direct.
29. The penalty for selling liquor without a licence or otherwise than in accordance with the terms of the licence is for the first offence a fine of £50 or one month's imprisonment, for the second £100 or three months, and for subsequent offences £100 or six months. A person convicted twice or oftener may be disqualified for holding a licence.
30. The holder of a justices' licence may not knowingly sell or deliver, or allow to be sold or delivered, save at the residence or working place of the purchaser, any intoxicating liquor to any person under fourteen for consumption by any person on or off the premises, except in corked and sealed vessels in quantities not less than one reputed pint for consumption off the premises. No person may knowingly send a child to licensed premises to obtain intoxicating liquor except as aforesaid. This does not prevent the employment of the licensee's children or messengers to deliver liquor. (See CHILDREN.)
31. All intoxicating liquor which is sold by retail and not in cask or bottle, and not sold in a quantity less than half a pint, must be sold by imperial measure.
32. No internal communication is permitted between licensed premises and other premises used for public entertainment or resort, or as a refreshment house. No structural alterations giving increased facilities for drinking, or concealing from view any part of the premises used for drinking, or affecting the communication between the part where liquor is sold and any other part of the premises or any street, may be made without the consent of the licensing justices. The name of the licensee and the description of his licence must be affixed to his premises.
33. A licensed victualler commits an offence if he
34. If the holder of an off-licence
(a) Permits drunkenness, or any violent, quarrelsome or riotous conduct to take place on his premises or sells intoxicating liquor to a drunken person. (b) Knowingly permits his premises to be the habitual resort or place of meeting of reputed prostitutes, whether they go there for purposes of prostitution or not. (c) Permits his premises to be a brothel. (d) Knowingly harbours or suffers to remain on his premises any constable on duty, except for the purpose of keeping or restoring order or in the execution of his duty. (e) Supplies any liquor or refreshment by gift or sale to a constable on duty unless by the authority of a superior officer. (f) Bribes or attempts to bribe a constable. (g) Suffers any gaming or unlawful game to be carried on on his premises. (h) Opens, keeps or uses his premises as a betting house, or permits them to be so used, &c. (i) Fails to produce his licence within reasonable time after demand by a justice of the peace, constable, or officer of Customs and Excise. (j) Sells or permits the sale of any spirits for consumption on the premises to a person apparently under sixteen. (k) Permits a child under fourteen to be in the bar of his premises except during closing hours. (l) Knowingly harbours thieves or reputed thieves or suffers them to meet on his premises, or allows the deposit of goods therein having reasonable cause to believe them to be stolen. (m) Permits the payment of wages to any workman on his premises. (n) Supplies intoxicating liquor to or for the consumption of an habitual drunkard. (See, further, DRUNKEN PERSONS.)
35. A licensee may refuse to admit or may eject any person who is drunken, violent, quarrelsome, or disorderly, or whose presence on his premises would subject him to a penalty under the Act, and may call on a constable to eject such person, who, if he refuses to quit when required, is liable to a fine of £5.
(a) Allows liquor purchased thereat to be consumed on his premises or on the highway adjoining or near ; or (b) Takes or allows to be taken from his premises liquor for sale on his account and for consumption in any other place with intent to evade the conditions of his licence, he is liable to a penalty.
36. A constable may for the purpose of preventing or detecting a breach of any provisions of the Act which it is his duty to enforce, at all times enter any licensed premises, and a licensee or his agent obstructing him is liable to a fine. Any justice may, on sworn information, grant a warrant to search for liquor sold or kept contrary to law.
37. In proving a sale or consumption of liquor it is not necessary to show that any money actually passed, or that any liquor was actually consumed, if the Court is satisfied that a transaction in the nature of a sale actually took place, or that liquor was about to be consumed. Proof of consumption or intended consumption of liquor is evidence that the liquor was sold by or on behalf of the licensee to the consumer.
38. A police officer is usually detailed to attend all sittings of licensing justices to supply or obtain such information as the justices may call for. No communications, however, should be made by police to the justices except in open court, and after all the prescribed formalities have been complied with. It is incumbent on police to obtain full information as to the antecedents of all applicants for new licences or transfers, seeking assistance from other police forces where necessary.
39. Should a constable see a drunken person enter licensed premises he should follow and warn the publican not to serve him.
40. All public houses in the district should be visited from time to time by police to see that they are properly conducted. Such visits are best made by an inspector or sergeant, accompanied by another officer, whose evidence may be necessary as corroboration.
41. There is a very large number of cases which have been decided in the Courts under the Licensing Laws. These will be found noted in any text book on the subject, and should be referred to before proceedings are taken under these Acts.
Jewel Larcenies.-1. Jewel larcenies are usually effected in towns by entering the house, either by climbing up the portico or through the attic windows or the balcony of an adjoining empty house, and in the country by means of a ladder placed against an open window, or one easily forced, during the time the family is at dinner, and the servants probably engaged in another part of the house.
2. Periodical printed cautions sent to the masters of houses likely to be selected, or offering facilities for this class of offences, will be found of value.
3. Care should be taken that ladders are not left about unsecured. Internal alarm bells, chains and mechanical signals will be found even more valuable than locks and bars.
4. The more valuable articles are usually broken up and melted down within a few hours of the offence, but careful inquiry must be made for those of less value and likely to be disposed of intact.
5. Sketches should be prepared as soon as possible of the principal articles for the guidance of the engraver, whose blocks may then be set up with the bills, giving a clear description of the things stolen, and offering, if desired, a reward for their recovery and the conviction of the thief—not as an incentive to the energies of the police, but by way of inducement to pawnbrokers and bonâ fide purchasers of second-hand goods to be on the look-out. (See REWARD BILLS.)
Judges.—Police must invariably treat Judges with the utmost deference and respect, and any remark on the action of police made by their Lordships, or a Recorder, or Chairman of Courts of Quarter Sessions, or Magistrates, should be carefully taken down by the inspector or senior officer on duty in Court, and submitted to the chief officer of the force.
Juries.-1. Grand juries and Coroners' juries may consist of any number not less than twelve nor more than twenty-three. They may decide by the majority.
In criminal trials the jury invariably consists of twelve men, who must be unanimous.
2. As the names of the jurymen on the jury panel are called before they are sworn, either the prosecutor or the prisoner may challenge them.
Jurisdiction.-1. Police have only authority to act in the district for which they are sworn in, and if they proceed on duty beyond it, they must be sworn in the fresh district. This is not, however, necessary when any police force assists another in a special emergency or under exceptional circumstances. The Metropolitan Police are constables within the counties of Middlesex (including the City of London), Surrey, Hertford, Essex, Kent, Berkshire, and Buckinghamshire, and upon the Thames within or adjoining thereto, as well as within the Royal Palaces of His Majesty, and ten miles thereof, and in His Majesty's Dockyards, or principal stations of the War Department in England and Wales, and 15 miles thereof. (POLICE ACTS.)
2. When offences occurring within one district are reported to police of another, the parties should be invariably referred to the proper force ; and officers despatched to make inquiries beyond their own district should usually first seek assistance at the headquarters of the local force.
Justifying Bail is proving the sufficiency of bail, or sureties, in point of property. (See BAIL.)
Juvenile Offenders. (See YOUTHFUL OFFENDERS.)
Juvenile Smoking.—(See See CHILDREN, OFFENCES AGAINST par. (16).)
Keeping Observation.-1. The keeping of observation on suspected persons or places is one of the most difficult of police duties. Officers chosen for this duty should not be too tall, or of a military bearing, and much depends on their get-up being suitable to the environment. Aptitude for noticing detail, and a retentive memory, are most valuable qualities, Provision should be made for a relieving officer, in order that, if it is ascertained that the person watched has become suspicious, the first officer may be removed. In some cases permission can be obtained to make use of a neighbouring house, which much facilitates the observation.
2. In some cases it may be desirable that observation be kept by two officers for purposes of corroboration.
Keys of Premises.-1. The police should not receive keys of premises from any person, or have in their possession any skeleton key, without the permission of the Superintendent of the division.
2. If an inhabitant or other person wishes to give a key to a constable, or any superior officer, for the purpose of visiting a house or premises for protection, or calling up any one, the Superintendent should report the case, and no such key must be retained without sanction.
3. Except under special circumstances, police should not be allowed to have the keys of private premises, and in no case ought any additional responsibility to be thereby assumed. (See ACCESS TO PREMISES ; FALSE KEYS.)
Kidnapping.—(See CHILDREN, OFFENCES AGAINST (2).)
Killing.-1. Every person who kills another is presumed to have wilfully murdered him, unless the circumstances are such as to raise a contrary presumption.
2. The burden of proving circumstances of excuse, justification, or extenuation is upon the person who is shown to have killed another.
King's Evidence.—An accomplice in a crime may be accepted as a witness against his companions in guilt, but his evidence must be corroborated. (See ACCESSORIES.)
Knackers. (See HORSE SLAUGHTERING.)
Ladders.-1. Care must be taken that ladders left against houses have a plank fastened over them, or are otherwise so secured as not to facilitate a felonious entry.
2. In suburban and rural districts, persons should be cautioned against leaving ladders unsecured in the vicinity of residences. (See JEWEL LARCENIES.)
3. Ladders should be marked by the police at night.
Lanterns.-1. Accidents having occurred to persons travelling by night on horseback, or in carriages, and particularly in districts where there are no lights, by constables suddenly turning the light of their lanterns full on the persons approaching them, and thus frightening the horses, this practice should be avoided, unless in case of accident, or when desired by the persons concerned.
2. If the light is turned on previously, the constable should let it remain so, until the horse has passed, as turning it off too suddenly may produce the same effect as if it were suddenly turned on.
Larceny.-1. Larceny is the unlawful taking and carrying away of property without claim of right, with intent permanently to deprive the rightful owners thereof.
2. It is occasionally somewhat difficult to distinguish between larceny and the obtaining of goods, &c., by false pretences, but a clear distinction appears to be that in the former case the owner of the article stolen has no intention to part with his property therein to the person taking it, whereas in the latter the owner has such intention, but the money or chattel is obtained from him by fraud. (See FALSE PRETENCES ; FRAUD.)
3. There are four Larceny Acts-1861, 1868, 1896, and 1901—the offences under them being summarised under their respective headings. The Larceny Act, 1901, deals particularly with persons entrusted with any property for safe custody, or on account of any other person, who fraudulently apply, pay, or deliver any part of it, or any proceeds of it. Such, persons are guilty of misdemeanor and liable to seven years' penal servitude.
Leading Questions.-1. Leading questions are those which suggest their answer. In legal proceedings they can only be put in cross-examination, save by permission of the Court.
2. Leading questions put by police officers to persons under the excitement occasioned by a loss of property often provoke misleading and erroneous answers. People should be allowed to tell their own story as far as possible.
Lead Stripping.-1. Lead stripping is a common offence, and not unfrequently committed by workmen, who resort to various devices for carrying it through the streets without attracting attention.
2. Any person who steals or rips, cuts, severs, or breaks, with intent to steal, any glass or woodwork, belonging to any building whatsoever, or any lead, iron, copper, brass or other metal, or any utensil or fixture, whether made of metal or other material, or of both, fixed in or to any building, or anything made of metal fixed in any land being private property, or for a fence to any house, garden, area, square, street, place dedicated to public use or ornament, or burial ground, is guilty of felony. (Larceny Act, 1861, s. 31.)
Letter-Boxes.—Persons placing or attempting to place in or against a post office letter-box any fire, match, light, explosive, or dangerous or noxious substance, or committing a nuisance in or against a letter-box, or doing or attempting to do anything likely to injure it or its contents is guilty of misdemeanor, punishable upon indictment or summarily. (Post Office Act, 1908, s. 61.) (See POST OFFICE.)
Libel.-1. A libel is any printing, writing, picture, or sign tending to injure the character of an individual, or cause mischief to the public.
2. Publishing without lawful excuse a libel of a seditious, blasphemous or obscene nature, or of a kind likely to cause a breach of the peace is a misdemeanor, even though the libel is only communicated to the person libelled. (See THREATS, &c.)
3. For other libels on private persons the only remedy is by civil action.
Licences, Authorities for.—(See APPENDIX B.)
Licensed Victuallers.—(See INTOXICATING LIQUOR.)
Lights on Vehicles.-1. By the Act of 1907, every person who shall cause or permit any vehicle to be in any street, highway or road, to which the public have access, during the period between one hour after sunset and one hour before sunrise, shall provide such vehicle with a lamp or lamps in proper working order and so constructed and capable of being so attached as, when lighted, to display to the front a white light visible for a reasonable distance. If only one lamp is provided, it must be placed on the off or right side of the vehicle, and, if the lamp or lamps are so constructed as to permit a light to be seen from the rear, that light must be red.
He must also, if the vehicle is used for the purpose of carrying timber, or any load projecting more than six feet to the rear, provide the same with a lamp or lamps, in proper working order, and so constructed and capable of being so attached as when lighted to display to the rear a red light visible for a reasonable distance.
Every person driving, or being in charge of, the vehicle must keep the lamp or lamps properly trimmed, lighted and attached.
Offenders are liable to a fine of 40s. for a first offence, and £5 for a second or subsequent offence.
2. The Act applies to every sort of vehicle except any bicycle, tricycle, motor-car, heavy locomotive or waggon drawn thereby, or any vehicle drawn or propelled by hand. (See BICYCLES ; LOCOMOTIVES ; MOTOR CARS.)
3. By the Order in Council of 21st December, 1907, the Act does not apply to certain vehicles employed in the Military Service of the Crown, nor to general service waggons, bread and meat waggons, forage carts, ambulances, &c., when employed in connection with field training or manoeuvres.
4. Byelaws are also in force in many counties and boroughs which, in addition to the above, provide that the lamp or lamps so attached must, when lighted, display to the rear a red light visible for a reasonable distance.
Limitations of Proceedings.-1. Proceedings under several statutes are specially limited, but in the majority of indictable offences there is no limitation to the time within which proceedings may be taken ; but, on the other hand, the law will admit of no delay after discovery of the offender.
2. In cases which may be disposed of summarily, and which are not specially limited under a particular Statute, as, for example, under the Factories and Workshops Act, 1901 (where, by s. 146, the period is three months), the information or complaint must be made within six months of the cause arising. (Summary Jurisdiction Act, 1848, s. 11.)
Lithography.—Lithography is of great use in reproducing facsimiles of handwriting, which may frequently be of service in securing the arrest or in establishing the identity of a delinquent.
Loan Office Swindlers.—Frauds are sometimes perpetrated through the medium of fictitious loan offices obtaining advances of money, for expenses, &c., from persons seeking to borrow, without any intention or ability to advance them any loan. (See MONEY LENDERS.)
Local Authority.— Under a great variety of statutes—Explosives, Education, Children, Petroleum, Public Health, and many others—Parliament has constituted a Local Authority to grant licences, or make bye-laws, or as authorities to do some lawful act, and to enforce the law. In the great majority of cases the Local Authority is—
In the City of London—the Lord Mayor and Aldermen.
In the Metropolis—the London County Council.
In a County—the County Council.
In a Borough—the Mayor, Aldermen, and Burgesses in Council.
In a Harbour—the Harbour Authorities.
Locomotives on Roads.-1. Every locomotive if over five tons in weight and propelled by steam or other than animal power on any highway must be worked according to the following rules and regulations :-
Every person not complying with these provisions is liable to a penalty.
(1) Two persons must be employed to drive it, and another person to accompany it (except in the case of steamrollers), and should it be drawing more than three waggons a fourth person must attend to the waggons. (2) As much space as possible must be given for the passing of other traffic. (3) The whistle must not be sounded or steam blown off within sight of any person in charge of a horse. (4) It must be stopped on a signal from the person in charge of a horse. (5) It must carry between one hour after sunset and one hour before sunrise during the six months beginning 1st April, and between sunset and sunrise during the six months beginning 1st October, a light on each side of front of same. A red light must also be carried on the rear of the locomotive, or if drawing waggons on the rear of the last waggon. (6) It must not travel along any highway at a greater speed, than four miles an hour, or through any city, town or village at more than two miles an hour. (7) The name and residence of the owner of the locomotive must be affixed thereto. (Locomotive Acts, 1865 and 1898.)
2. A County or Borough Council may make byelaws prohibiting or restricting the use of locomotives on any specified highway or bridge, and regulating their use on any highway.
3. Every locomotive must be licensed in the county in which it is ordinarily used, for which a fee not exceeding £10 may be made. Should an additional licence be taken out in another county, the fee must not exceed £5. A locomotive may also be used in a county in which it is not licensed on payment of a fee not exceeding 2s. 6d. per day. This does not apply to agricultural locomotives not used for haulage, or to steam-rollers, or to locomotives belonging to road authorities within their districts.
4. Light locomotives, or motor cars, are dealt with under different Acts. (See MOTOR CARS.)
Long Firm Frauds.-1. Long firm frauds consist in obtaining goods by false pretences from merchants, agriculturists, &c., by a gang of persons who, by giving each other fictitious references, obtain consignments of goods, which they sell, and fail themselves to pay for.
2. The earliest opportunity should invariably be taken of obtaining a warrant against a long-firm swindler.
Lost Property.-1. A description of all articles notified to the police as being lost should be circulated. If the articles are such as might be offered to a pawnbroker and possess any marks of identity, their description should also be published in pawnbrokers' lists.
2. All articles of property found by the police, or given to them by the finder, should be handed to the Inspector or other officer on station duty at the time, by whom full particulars should be entered in the Occurrence Book, and the entry be signed by the officer as well as by the person who gives in the property. (See FINDING ; STOLEN PROPERTY.)
3. When a police officer has property handed to him in the street he should enter in his pocket-book, in the presence of the finder, a full description of the article. If the property consists of a purse or pocket-book containing money or valuables the contents should be carefully enumerated.
Lotteries.-1. A lottery is distribution of prizes by lot or chance. It constitutes in law a common nuisance.
2. Every person who publicly or privately opens a lottery of any kind without the authority of Parliament, may be dealt with as a rogue and vagabond. (Gaming Act, 1802, s. 2.)
3. Any person who promises to pay any money, deliver any goods, or do any act on a contingency, relative to a drawing of any tickets, lots, numbers, or figures, in any game or lottery, or who publishes any proposals for any of these purposes, may be apprehended, and is liable to a penalty, or, in default, to imprisonment (ss. 5, 6).
4. Christmas lotteries for distributing game, wine, spirits, &c., are also illegal.
Lunatics.—The following provisions of the Lunacy Act, 1890, as amended by the Lunacy Act, 1891, should be known and acted upon by police :-
1. Every constable, relieving officer and overseer who has knowledge that any person who is not a pauper, and not wandering at large, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, shall, within three days after obtaining such knowledge, give information thereof upon oath to a Justice.
2. Any Justice upon information on oath of any person that a person not a pauper, and not wandering at large, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected, shall direct two medical practitioners to visit and examine the alleged lunatic, and certify as to his mental state.
3. If the Justice, upon the certificates of the medical practitioners, is satisfied that the alleged lunatic is a lunatic, and is not under proper care and control, or is cruelly treated or neglected, he may direct the lunatic to be received and detained in an institution for lunatics to which if a pauper he might be sent, and the constable, relieving officer, or overseer upon whose information the order has been made, must forthwith convey the lunatic to the institution.
4. Every constable, relieving officer and overseer who has knowledge that any person (whether a pauper or not) wandering at large within the district or parish of the constable, relieving officer, or overseer, is deemed to be a lunatic, must immediately apprehend and take the alleged lunatic, or cause him to be apprehended and taken, before a Justice.
5. Any Justice upon the information on oath of any person that a person wandering at large within the limits of his jurisdiction is deemed to be a lunatic may require a constable, relieving officer, or overseer of the district where the alleged lunatic is, to apprehend him and bring him before the Justice making the order.
6. The justice before whom a pauper alleged to be a lunatic or an alleged lunatic wandering at large is brought shall call in a medical practitioner, and shall examine the alleged lunatic, and make such inquiries as he thinks advisable and, if satisfied in the first mentioned case that the alleged lunatic is a lunatic and a proper person to be detained, and, in the secondly mentioned case that the alleged lunatic is a lunatic and was wandering at large, and is a proper person to be detained, and if in each of the foregoing cases the medical practitioner who has been called in signs a medical certificate with regard to the lunatic, the Justice may direct the lunatic to be received and detained in an institution for lunatics, and the relieving officer, overseer, or constable must forthwith convey the lunatic to such institution.
7. If a constable, relieving officer, or overseer is satisfied that it is necessary for the public safety or the welfare of an alleged lunatic with regard to whom it is his duty to take any proceedings, that the alleged lunatic should first be placed under care and control, he may be removed to the workhouse of the union in which the alleged lunatic is, and the master shall receive and detain him; but no person can be detained for more than three days, and before the expiration of that time the proceedings must be taken.
8. Any lunatic escaping may be taken at any time within fourteen days by the manager of the institution for lunatics, or the master of the workhouse, or servants thereof respectively, or by the person in whose charge he was as a single patient, or by anyone authorised in writing by such Manager, Master, or person.
9. Any person making default in complying with these Acts is liable to a penalty not exceeding £10.
10. It is desirable that, whenever possible, action should be taken by the relieving officers rather than by police ; but there is a statutory obligation imposed upon the police, and they must in all cases of urgency act upon their own initiative.
11. Persons suffering from delirium tremens who are violent or dangerous may be regarded as insane.
12. It is important that police should fully realise the distinction between the two classes of cases and the difference in the procedure.
13. Where persons are taken charge of by the police they should be searched in order that any dangerous weapon or articles may be taken from them or retained in the custody of the police.
Machinery Damaging.—(See DAMAGE TO PROPERTY.)
Mad Dogs.— (See DOGS.)
Making Inquiries.-1. The method of making an inquiry so much depends upon its nature and the antecedent circumstances, that no positive rules can be laid down.
2. Inquiries may be said to consist of two classes:—
(a) Those in which there is no necessity for concealment.
(b) Those in which secrecy is desirable.
3. In the former case it is always best to state at once the object to a master or a principal ; in the latter too great caution cannot be exercised as to action, appearance, language, and demeanor. But to whichever category the inquiry belongs, and whatever the object, it must be made thoroughly and completely. Officers of short experience are often apt, in their haste to get a duty over, or to show their zeal and skill, to neglect points which appear to them of no importance, but which may actually be of the utmost value in the subsequent conduct of the case. It is far better to enter into too much detail than to allow anything to pass unnoticed.
Malice, in law, is the intention to do wrong, knowing it to be wrong. In this sense it is an essential element in crime. (See CRIME.)
Malingering.-1. Constables who are reported by a Police Surgeon as malingering, or feigning sickness, with a view to the avoidance of duty, are most seriously punished ; for the injury done to the service is not less great than that done to comrades, who have in consequence to do extra work and so incur additional responsibility.
2. Malingering by a prisoner may cause much trouble to police, who will do well to call in the surgeon to state whether the sickness is real or feigned.
Manslaughter.-1. Manslaughter is unlawful homicide, without malice aforethought. It includes causing the death of another by negligence, or omission to perform some lawful duty.
2. Homicide, which would otherwise be murder, is reduced to manslaughter if the act by which death is caused is done in the heat of passion caused by provocation, unless the provocation was sought, or voluntarily provoked by the offender as an excuse for killing, or doing bodily harm.
Man-Traps.—Any person who sets, causes, or suffers to be placed, any spring-gun, man-trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, upon a trespasser or any person coming in contact therewith, elsewhere than in a dwelling-house for its protection from sunset to sunrise, is guilty of a misdemeanor. (Offences against the Person Act, 1861, s. 31.)
Marine Store Dealers.-1. Every person buying or selling anchors, cables, sails, old iron, or marine stores of any description, must have his name and designation, "dealer in marine stores," painted distinctly on every warehouse or other place of deposit belonging to him, subject to a penalty of £20. (Merchant Shipping Act, 1894, s. 538.)
2. The purchase of marine stores of any description, from any person apparently under the age of sixteen, entails a penalty of £5 for a first offence, and £20 for any subsequent one (s. 540).
3. He must keep books with particulars of all marine stores coming into his possession, and must not cut up or unlay any cable over five fathoms in length without a written permit from a Justice (SS. 539, 541.) (See OLD METAL DEALERS.)
Marking Places at Night.-1. All places by which a felonious entry may be effected into premises should be marked by police on night duty, including doors of empty houses next to occupied dwellings, doors and windows insecurely fastened, walls, gates, palings, and ladders placed against premises.
2. Any convenient means of marking may be adopted, so placed that the marks may be certainly disturbed by the opening of a door, window, or gate, or persons climbing over a wall or paling, or up a ladder.
3. When a mark is found disturbed, police must at once ascertain the cause.
Married Women.—(See HUSBAND AND WIFE.)
Matrons.-1. In some of the principal Stations of the Metropolitan Police, matrons are in continuous attendance, and in addition to acting as searchers, they attend upon all female prisoners and children. At stations where the reception of female prisoners is less frequent the services of a respectable female may be utilised whenever a female prisoner is apprehended and detained.
2. When girls are required to be conveyed to Industrial or Reformatory Schools, the matron or some other respectable female should be employed, but accompanied by a police constable charged with the custody of the prisoner.
Medals.-1. When police have shown courage, skill, or resource in efforts to save or preserve life, or to prevent loss or destruction of property, either at personal risk or otherwise, the particulars should be fully reported without delay to a superior officer, in order that they may be sent, in deserving cases, to the proper authority with a view to recognition.
2. The King's Police Medal was instituted to be awarded to police officers who have performed acts of exceptional courage and skill, or have exhibited conspicuous devotion to duty.
3. Only medals authorised by the Sovereign should be worn, and, when worn, should be fastened on the left breast, the ribbon not exceeding one inch in length.
4. Medals awarded by a society for bravery in saving human life may, if authorised, be worn on the right breast. They should only be worn on dress uniform when directed on special occasions, but the ribbons of medals or decorations may be worn by police in other uniform on all occasions. (See REWARDS; COUNTERFEIT MEDALS.)
Meetings.-1. By the Public Meetings Act, 1908, any person who at a public meeting acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, is liable to a penalty of £5. Any person inciting others to commit such an offence is liable to the same penalty.
2. A public meeting may be defined as any lawful meeting called together for the furtherance or discussion of a matter of general concern, to which the public is invited or admitted. Proceedings for offences against the Act should not be taken by police, but left to the persons convening the meeting.
3. The action of police should be limited to obtaining, when requested by the promoters of the meeting, the names and addresses of offenders. This may be done whether the meeting is held in a public place or on private premises. When the meeting is held on private premises, police should regulate traffic and prevent obstruction in the streets, but should not enter the building unless called on to obtain the names and addresses of persons offending as above, or to suppress an actual breach of the peace, or to take into custody persons charged with some offence for which there is power of arrest. If the meeting is held in a public place, police should act without being called on, for either of the two purposes last mentioned.
4. Unnecessary interference with public speakers should be avoided, and all lawful meetings should be treated alike. Police may interfere to prevent actual obstruction of a thoroughfare, and offenders may be summoned.
Memory.-1. Extreme accuracy is of such importance in criminal cases that police must not trust to their memories, but enter at once in their pocket-books and diaries the particulars of all inquiries made, and the circumstances attendant upon each occurrence. The statement of a prisoner, in relation to the charge for which he is in custody, must more especially be reduced to writing at the earliest practical moment, and, if possible, be read over to the prisoner, and signed by him. It should be taken to the trial and produced, if called for.
2. A witness may, while under examination, refresh his memory, by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Judge considers it likely that the transaction was at the time fresh in his memory. The original notes, even if copied, should never be destroyed, for cross-examination may be adversely directed to such destruction. An expert may refresh his memory by reference to professional treatises.
Any writing so used must be shown to the adverse party, if he requires it, and cross-examination may be founded thereon.
Menaces.—(See THREATS ; ABUSIVE LANGUAGE.)
Merchant Shipping.-1. The law upon this subject is consolidated by the Merchant Shipping Acts, of 1894 and 1906.
2. Any drunken or disorderly person on board a passenger steamer refusing to leave the same (after payment of, or tender of amount of fare) ; any person who has been refused admission and, nevertheless, persists in entering the steamer ; or a person after warning, molesting any passenger, or refusing to leave the steamer when full, or attempting to travel without first paying his fare, or wilfully proceeding beyond the distance for which he has paid his fare, or who fails to pay his fare, or produce his ticket, or molests any of the officers or crew, may, without warrant, be detained by the master or other officer, provided the name and address of the offender are unknown, and conveyed before a Justice. As any person may assist, the police should do so when called upon. (Act of 1894, s. 287.)
3. If any seaman lawfully engaged, or any apprentice, neglects or refuses without reasonable cause to join or deserts from, or refuses to proceed to sea in his ship, the master or other officer may, with or without the assistance of police, who are directed to give the same if required, convey him on board. Provided that, if the seaman or apprentice so require, he shall first be taken before a Court. (Act of 1894, ss. 221 and 222.)
4. Any person found on board an emigrant ship attempting to obtain a passage without the consent of the owner or master may be apprehended without warrant and conveyed before a Justice. Stowaways found on other than emigrant ships should not be arrested unless a warrant has been issued. (Act of 1894, s. 313.)
Metropolitan Police.-1. The Metropolitan Police Force was first established in 1829, by the Statute 10 Geo. 4, c. 44, but it was not until 1839 that it assumed its present functions. It consists now of upwards of 20,000 men. The Commissioner's Office is at New Scotland Yard, S.W.
2. The Metropolitan Police offers to young men a career which is to be secured in few other callings without capital. In addition to pay and clothing, it provides medical attendance, rent aid, and allowances for coals and boots, and pensions for those who have served upwards of fifteen years.
Midwives.-1. No woman not being certified can take or use the name of midwife or any description declaring that she is qualified to practise midwifery, under a penalty of £5.
2. No uncertified woman may habitually and for gain attend women in childbirth except under the direction of a qualified medical practitioner, subject to a penalty of £10. (Midwives Act, 1902.)
Misconduct of Police.-1. The following are the faults most likely to be committed, and against which young constables should particularly guard, for entries on the defaulter sheet in the first years of service will materially reduce the possibility of subsequent promotion :-
(1) Drunkenness. (2) Drinking on duty. (3) Taking off the armlet to obtain drink from a publican. (4) Insubordination. (5) Disobedience of direct orders. (6) Infringement of the General Orders and Regulations, and the Periodical Orders issued to the particular force, with which every constable of every force is bound to make himself acquainted, and to know thoroughly. (7) Disrespect to a superior officer. (8) Unnecessary interference. (9) Using unnecessary violence to a prisoner. (10) Incivility, or use of improper language. (11) Giving information to any person concerning orders received, or the progress of a case, without authority. (12) Conveying information, either directly or indirectly, which may delay the execution of a warrant or service of a summons. (13) Leaving a fixed point or beat improperly. Inattention on a fixed point, or not properly working a beat. (14) Neglect of duty, in not taking prompt steps to secure the arrest of an offender. (15) Neglect of duty, in not discovering doors and windows open at night, or the effecting of a felonious entry. (16) Neglecting to mark exposed places at night. (17) Talking and gossiping on duty. (18) Soliciting a gratuity. (19) Accepting any gratuity without reporting it. (20) Absence without leave, or malingering. (21) Absence from section house and roll call. (22) Quarrelling with comrades. (23) Unpunctuality for parade. (24) Slovenly dress and appearance. (25) Bringing in, or taking, an improper charge. (26) Neglecting to obtain necessary names, addresses, and particulars, in a criminal case, or case of accident. (27) Neglecting to assist persons injured or taken ill in the street. (28) Incurring debts, or lending money to a superior. (29) Bringing discredit on the police force in any way.
Mistakes.—Every one is liable to make mistakes, even with the best intention and every intention to do right. It is always better for a police officer to make known his error before it is found out, for it may not then be too late to repair the mischief.
A mistake may be rectified if taken in time, but if allowed to go on it soon becomes irreparable and perhaps culpable. Immediate and suitable apology will generally find acceptance. (See INTERFERENCE.)
Money Lenders.—A person whose business is that of money lending or who advertises or announces himself or holds himself out as carrying on that business and is not a banker, pawnbroker, or the representative of a society registered under the Friendly Societies' Acts, or under the Benefit Building Societies' Acts, must be registered at Somerset House in his own name with the address where he carries on the business. Making any false statement, or carrying on business under another name or at another address, are misdemeanors. (Money Lenders Act, 1900.) Prosecutions, except when instituted by private persons, are undertaken only by the Director of Public Prosecutions.
Motor Cars.-1. If any person drives a motor car (a term including a motor cycle) on a public highway recklessly or negligently, or at a speed, or in a manner dangerous to the public —or faster than twenty miles an hour, or ten miles an hour within any limits or place referred to in regulations made by the Local Government Board on the application of the Local Authority, he is guilty of an offence under the Motor Car Act, 1903, ss. 1 and 9. Motor cars in the Royal Parks in London must not exceed twelve miles an hour.
2. The speed of heavy motor cars, i.e., cars exceeding two tons in weight, must not exceed,
If fitted with rubber tyres—
Twelve miles per hour, if motor omnibus, or of less
axle weight than six tons.
Eight miles per hour, if of greater axle weight than
If fitted with iron tyres—
Eight miles per hour, but if unladen weight exceeds
three tons, or axle weight exceeds six tons, or if drawing
a trailer, then five miles per hour.
3. Great care should be exercised in the timing of cars, and as it is essential that a police test should be incontrovertibly a fair test, the following rules should be followed:—
4. Any police constable may apprehend without warrant the driver of a car, who, within his view, drives recklessly or negligently, or at a speed or in a manner dangerous to the public, and refuses to give his name and address or produce his licence on demand, or if the motor car does not bear the required mark of identification (s. 1).
(a) The measured distance should be carefully chained and should not be less than one furlong. (b) The longer the measured distance the better, provided both ends are well in view of each other. (c) As a rule it should be on a level length of road, but if owing to local conditions, such as cross roads coming in the course of, or at the end of a down gradient, the spot is dangerous, this could be accepted. (d) The timing should be taken by two officers, one at each end of the measured distance ; a third officer, in uniform, being stationed some yards further on, so as to be able to call on the driver to stop if the speed limit has been exceeded. (e) The officers timing should, if requested, show their chronographs to the driver, and state the situation of the control. (f) A written note should be made of the number of the car being timed immediately it has passed, and the numbers should be compared by the officers to see that they have timed the same vehicle. (g) The chronographs should not be put back to zero until after the driver, or other person driving in the car, has had an opportunity of inspecting them, should he so desire. The request should, as a general rule, not be complied with until the second officer engaged in timing is in a position to give corroborative testimony of what transpires.
5. A person driving a motor car must, if an accident occurs to any person, horse or vehicle, owing to the presence of the motor car on the road, stop, and if required give his name and address, and also that of the owner, and the registered number of the car. The penalty on default is for a first offence a fine of £10, for a second offence £20, or for any subsequent offence liability to one month's imprisonment (s. 6).
6. No person may drive a motor car on a public highway unless he is licensed for the purpose, and the licence, which runs for twelve months from the date of issue, must be produced by any person driving a motor car or motor cycle, when demanded by a police constable, and no licence to drive a motor car can be obtained by a person under seventeen years of age, or to drive a motor cycle under fourteen (s. 3).
7. Any person forging or fraudulently altering or using or fraudulently lending or allowing to be used by any other person, any mark for identifying a car or any licence under the Motor Car Act commits an offence (s. 5).
8. Any Court before whom a person is convicted of an offence under the Motor Car Act, 1903, except for a first or second offence for exceeding the speed limit, may suspend the licence, and prohibit the obtaining of a licence either altogether or for such time as it thinks fit, and may cause particulars of the conviction and any order of the Court to be endorsed upon the licence, and cause a copy to be sent to the County Council granting the licence (s. 4).
9. Persons in the public service of the Crown can claim no exemption from the provisions of the Motor Car Act, 1903. (s. 16).
10. A person guilty of an offence under the Motor Car Act, 1903, in respect of which no special penalty is provided, is liable on summary conviction to a fine not exceeding £20, or in the case of a second or subsequent conviction to a fine not exceeding £50, or in the discretion of the Court to imprisonment for not exceeding three months, subject to a right of appeal against a fine exceeding £1 (s. 11).
11. A person prosecuted for exceeding the speed limit of twenty miles an hour (or ten miles within special limits) must be warned of the intended prosecution at the time the offence is committed, or as soon after as possible, and notice thereof must be sent to him or to the owner of the car as entered on the register, within twenty-one days (s. 9).
12. The following orders have been made by the Local Government Board under the Motor Car Act :-
(a) Registration and Licensing Order, 1903.
(b) Use and Construction Order, 1904.
(c) Heavy Motor Car Order, 1904.
(d) Heavy Motor Car (Amendment) Order, 1907. These Orders create numerous offences in connection with the driving and use of motor cars. The following are the principal offences:-
13. Motor omnibuses demand great vigilance on the part of the police. The badge numbers of drivers racing, exceeding a reasonable pace in crowded thoroughfares, going the wrong side of a foot-passenger's refuge, cutting out of a line of traffic, or in any way endangering the public safety, should be at once taken with a view to summons, as also if their vehicles are excessively noisy.
Causing unnecessary obstruction. Failing to keep record of general identification mark. Failing to stop action of machinery when stationary. Not having distinguishing number affixed to general identification mark. " identification mark illuminated. " lighted lamp affixed to front (off side), and red light at rear of vehicle drawn. " weight shown on vehicle drawn, or light car exceeding 15 cwt., unless fitted with pneumatic tyres. " competent person to apply the brake on trailer. " efficient brakes. " identity mark in conformity with regulations. " unladen and axle weights shown on off side of heavy motor car. " the rate of speed allowed shown on near side of heavy motor car. Not giving audible warning of approach. Not stopping when required by a person in charge of horse or a constable in uniform holding up hand. Owner failing to inform Council of change of address. Quitting car without taking due precautions against it being started during absence.
14. By the Motor Car (International Circulation) Act, 1909, provision has been made for the registration of foreign motor cars arriving from abroad and for the licensing of drivers.
15. Upon an International Travelling Pass being produced to the Officer of Customs at the port of arrival, he is required, upon payment of a fee of 20s. for a motor car and 10s. for a motor cycle, to register the car and issue a licence or licences to drive such car to the person or persons whose names appear in the pass, and insert in the part of the pass set aside for the purpose the name of the port and the date, and append his signature and the Customs stamp, giving to the person licensed an extract from the statutory enactments and regulations relating to motor cars.
16. The Customs Officer is required to forward a copy of the registration and of the licence to the Commissioner of Police of the Metropolis at New Scotland Yard for entry in the registers which have to be kept by him.
17. Persons licensed under the Order are, while driving within the United Kingdom, subject to the provisions of the Motor Car Acts and regulations, and are required upon leaving the kingdom to produce the International Travelling Pass to the Customs Officer, at the port of departure, who should notify the departure to the Commissioner of Police of the Metropolis.
18. Licences issued under the Order are in force from the date of issue until the date of the expiry of the International Travelling Pass and must in no case exceed the period of one year.
19. Provincial Forces desirous of ascertaining particulars as to foreign motor cars arriving in this country should communicate with Metropolitan Police.
Murder.-1. Murder is unlawful homicide with malice aforethought, and its punishment is death. (Offences against the Person Act, 1861, ss. 1, 8, 9 and 10.)
2. All persons who conspire, confederate, and agree, or persuade, or endeavour to persuade, any person, to murder any other person, whether he be a subject of His Majesty or not, and whether he be within the King's Dominions or not, is guilty of a misdemeanor; and, being convicted, is liable to penal servitude for not exceeding ten years (s. 4). (See ACCESSORIES.)
3. When a murder or manslaughter is committed on land out of the United Kingdom, every offence connected therewith committed by a British subject may be tried as if committed in the United Kingdom (s. 9).
4. Attempts to commit murder are felony (ss. 11-15).
5. When a dead body, or part of a dead body, is found whereof the cause of death was evidently due to foul means, the constable, whose attention is first called thereto, should on no account move it or anything surrounding it ; or allow any other person to do so ; or in any way confuse footmarks in its vicinity until the arrival of an Inspector or other superior officer, for whom, and for a Surgeon, a message should be sent by the most rapid means, always provided that the murderer is not known, and that no immediate step can be taken to secure his arrest ; or that public decency is not offended, and that the station is within a reasonable distance.
6. As soon as the superior officer arrives, he should first arrange for a photograph to be taken of the body exactly as it lies or was discovered, without its being washed or in any way covered over or arranged. (See PHOTOGRAPHY.) A photograph must also be taken of the walls and other surroundings. That done he must make, in conjunction with the Surgeon, a minute and careful examination
The senior officer of police present must allow no person to approach the place where the crime was committed, or suffer any article about the deceased to be moved, until its exact position has been carefully noted in writing or by rough sketch. If a search is necessary, such as to find a similar bullet to that by which the fatal wound was inflicted, or an article corresponding to one left apparently by the murderer near his victim, it cannot be made too speedily or thoroughly.
(a) For any finger prints on the body or clothing of the deceased, or on any adjacent doors, windows, walls, or furniture. If discovered they should be instantly photographed. (b) For any footmarks about the body, which should be modelled, covered over, and fenced in, before fresh imprints are made by the Surgeon and police. (See FOOTMARKS.) (c) Of the position of the body. (d) Of the condition of its clothing. (e) Of the position of the wound or wounds, and judging by the body and clothing, in what way, and from which quarter, and with what instrument, and under what circumstances they were probably inflicted. (f) Whether the murderer has left his weapon or any trace of his identity in the vicinity of the body, or touched the deceased, his clothing, or anything with blood, paint, or earth-covered fingers, showing the skin lines. (g) Whether there is in the pockets, or about the person or clothing of the deceased, any paper or article disclosing his identity, if unknown, or the name of his probable murderer, or if there are any circumstances pointing in any particular direction or to any condition of facts prior to the murder. (See DEAD BODIES.)
These are all points, information upon which may be of priceless value in the after adjustment of evidence, but which can only be secured immediately on discovery.
7. If parts only of a body are found in some receptacle, they should on no account be taken therefrom, or disturbed in their position, save under the direction of the surgeon, when they should be taken out very carefully, and every point immediately committed to paper.
8. It is impossible to pay too much attention to details, or to make too careful memoranda, in cases of murder. In a celebrated case, the inquiry was much thwarted by the limbs having been shaken out of the receptacle containing them, and the consequent impossibility of subsequently ascertaining what relation a scrap of paper, with a date on it, bore to the body—whether it was so near it as to have been probably laid there by the murderer, or simply blown in by the wind.
9. In cases of supposed murder there are five things to prove :-
(a) That some definite person is dead (unless the act of killing was witnessed, when the murderer could be tried and executed, although the name of his victim was unknown). (b) That the death was otherwise than in the course of nature. (c) That death took place within a year and a day from the commission of the fatal act. (d) By whom the death was caused. (e) That it was caused by the felonious act of the prisoner, and of malice aforethought.
Music Halls. (See THEATRES.)
Musical Copyright.-1. "Pirated copies" of any musical work means such as are written, printed, or otherwise reproduced without the consent lawfully given by the owner of the copyright in such musical work.
2. Pirated copy of any musical work being hawked or sold in the street may be seized by a constable without warrant, on the request in writing of the apparent owner of the copyright, or of his agent, and at the risk of such owner. (Musical (Summary Proceedings) Copyright Act, 1902.)
3. The owner may also give a general written authority to a Chief Officer of Police, requesting the arrest, at such owner's risk, of persons offering for sale in any street or public place any pirated copies. Any constable may then arrest such persons without warrant. Police before acting must be quite sure of their facts, and take care not to arrest any offender about whose action there is the slightest doubt. In such case it will be much better to take the name and address of the vendor with a view to summons.
4. Every person who prints, reproduces, or sells, or exposes, offers, or has in his possession for sale any pirated copies of any musical work, or has in his possession any plates for the purpose of printing or reproducing pirated copies, is punishable on summary conviction by fine or imprisonment.
5. If a Court of Summary Jurisdiction is satisfied by information on oath that there is reasonable ground for suspecting that an offence is being committed on any premises, it may grant a search warrant for execution between 6 a.m. and 9 p.m. (Musical Copyright Act, 1906.)
Mutiny.—Mutiny in the naval and military forces is an offence of which Courts Martial have cognisance.
Neatness.—Neatness should be a point of study for every police officer as much in his own person and clothing, as in the station and the section-house and the official reports he has to make, and the books he has to keep.
Necessity.—An act which would otherwise be a crime may be excusable if done only to avoid consequences which would otherwise have inflicted irreparable evil, and provided that the act was absolutely necessary both in its origin and its degree.
Neglect of Duty.-1. Every constable guilty of any neglect or violation of duty is liable to a penalty of £10, or, in the discretion of the Magistrate before whom he is charged, to one month's imprisonment with hard labour. (POLICE ACTS.)
2. Except in aggravated cases, however, Chief Officers of Police generally deal themselves with reports for neglect of duty, but police must remember that the former alternative exists.
3. The Chief Constable of any county police force, and the Watch Committee of any city, borough, district, or place, is and are empowered to suspend any constable, within their respective jurisdiction, whom he, or they, shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same. The Chief Constable or Watch Committee is and are also empowered, at his or their discretion, to fine any such constable in a sum of money not exceeding one week's pay, and to reduce such constable from a superior to an inferior rank, such fine or reduction in rank to be in addition to any other punishment to which the constable may be liable. (County and Borough Police Act, 1859.)
Newspapers.-1. Police must not on any account give any information whatever to gentlemen connected with the press relative to matters within police knowledge, or relative to duties to be performed or orders received, or communicate in any manner, either directly or indirectly, with editors or reporters of newspapers on any matter connected with the public service, without express and special authority. (See OFFICIAL SECRETS.)
2. The slightest deviation from this rule may completely frustrate the ends of justice, and defeat the endeavour of superior officers to advance the welfare of the public service. Individual merit will be invariably recognised in due course, but officers who without authority give publicity to discoveries, or the progress of a case, tending to produce sensation and alarm, show themselves wholly unworthy of their posts. At the same time the press may be very useful in making public an important fact or caution, or the description, portrait, handwriting, and possible whereabouts of a person wanted.
3. County and Borough Councils may make byelaws, as the London County Council has done, making it an offence for persons to call or shout in any street for the purpose of selling any newspaper so as to cause annoyance to the inhabitants, and newsvendors crying false news may be proceeded against for obtaining money by false pretences, which is now punishable summarily.
Noisy Animals.—County and Borough Councils may make byelaws prohibiting the keeping within any house, building, or premises of any noisy animal which causes a serious nuisance to residents in the neighbourhood, three of whom residing within hearing of the animal must give a fortnight's notice alleging the nuisance, before proceedings can be taken.
Notes.-1. Notes made at the time of, or soon after, an occurrence or criminal inquiry may be referred to in giving evidence, but the practice is not desirable, as the opposite party has a right in such case to examine them, and to cross-examine upon their contents. Notes, which should be invariably made, and never destroyed, should be read over before going into Court, rather than in the witness-box. (See MEMORY.)
2. When two or more officers are engaged in any case the notes should be made quite independently of each other, and without consultation with other witnesses.
Nuisances in Streets.-1. Attention should be directed to the courts, lanes, alleys, and places in the densely populated and other parts of divisions, where the drainage is neglected, where dead animals are found lying, or where an accumulation of decayed vegetable matter, offal, or filth, is collected or laid.
2. Every person who in any street or public place in the Metropolitan Police District, or in any Urban District, does any of the following acts, is liable to a penalty :—
3. The Public Health (London) Act, 1891, consolidates the laws relating to public health in London, and inflicts penalties in respect of many of the above nuisances† as well as—
(a) Beats or shakes any carpet, rug, or mat, except doormats before 8 a.m. (b) Throws or lays any dirt, litter, ashes, or offensive matter on any street, except sand or ashes in time of frost to prevent accidents, or litter to prevent the freezing of pipes or noise in case of sickness, provided they are removed as soon as the occasion ceases. (c) Allows any offensive matter to run into any street. (d) Keeps a pig-stye to the front of any street. (e) Fails to keep sufficiently swept and cleansed all footways and watercourses adjoining the premises occupied or owned outside the County of London. (f) Leaves open, to the danger of passengers in any thoroughfare, the entrance to any vault, cellar, or underground room, without a sufficient fence or handrail, or a light after sunset. (g) Leaves the covering of any such vault or cellar defective, without taking the above precautions to warn and prevent persons from falling thereinto. (h) Sets up any projection or blind from any window or other part of a house or shop, or exposes anything for sale, so as to hang over any carriageway or footway, and to cause any annoyance or obstruction. (POLICE ACTS.)
(a) Having any premises in a state dangerous to health. (b) Overcrowding. (c) Carrying on an offensive trade, such as blood boiler, bone boiler, manure manufacturer, soap boiler, tallow melter, or horse knacker, without due licence from the local authority.† The police should notice and report to the Local Sanitary Authorities any infringement of the byelaws, so that they may take proceedings.Outside London these matters are dealt with under the Public Health Acts, 1875 and 1907.
4. The Local Government Board have confirmed many orders made by Borough and Urban and Rural District Councils in pursuance of section 112 of the Public Health Act, 1875, as amended by section 51 of the Public Health Acts Amendment Act, 1907, declaring such trades as blood drier, tanner, leather dresser, fat melter or extractor, glue and size makers, gut scraper, fish frier, &c., to be an offensive trade with respect to which the Local Authority may make byelaws in order to prevent or diminish any noxious or injurious effects of the trade.
Numbers on Collars and Helmets.—The numbers of police on their collars and helmets must not be concealed in any way. They are worn for the purpose of reference and identification; and persons wishing to take or ascertain the number of any sergeant or constable must not be obstructed. If the number is asked for, it should be given immediately.
Oath.-1. Witnesses are required to swear to the evidence they give in a Court of Justice, as an outward symbol that they are about to speak in the presence of God. (See AFFIRMATION ; PERJURY).
2. Any oath may be administered and taken in the form and manner following :—
The person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath, the words, "I swear by Almighty God that . . . ," followed by the words of the oath prescribed by law. (Oaths Act, 1909, s. 2.)
Note.—No particular form of words is prescribed by law, but the words usually used are :—" I swear by Almighty God that the evidence I give to the Court shall be the truth, the whole truth, and nothing but the truth. So help me God."
3. It is felony to administer, or take without compulsion, an oath to commit treason, murder or felony, or to engage in any seditious purpose, or to disturb the public peace, or to obey an unlawful authority, or to conceal an unlawful act or combination. (Unlawful Oaths Acts, 1797 and 1812.)
Obscene Publications.—Under the Obscene Publications Act, 1857, any Court of Summary Jurisdiction may issue a special warrant to search for obscene publications kept in any place for the purpose of sale or distribution, and may order their destruction. (See INDECENT ADVERTISEMENTS ; INDECENT PRINTS, &C.)
Observation.—(See KEEPING OBSERVATION.)
Obstructions.-1. Every person wilfully causing any obstruction in any public footpath or thoroughfare or crossing by means of any cart, carriage, motor, truck, or barrow, or any horse or other animal, or by any other means, may be summoned (or apprehended if not known), and is liable to a fine ; and similarly, if after being made acquainted with the regulations framed for regulating the route of horses, carriages, motors, and persons, on any public occasion, he wilfully disregards them, or does not conform himself thereto. (POLICE ACTS.)
2. Persons who wilfully, and after caution, continue to cause an obstruction in the public streets, or squares, are liable to a penalty and may be arrested.
Obstruction of Justice and Police.-1. Every person commits a misdemeanor who obstructs, or in any way interferes with, the execution of any legal process, or obstructs any constable in the execution of his duty, which includes keeping the highways, roadways, and pavements clear for the lawful passage without hindrance or annoyance of all His Majesty's subjects.
2. The giving of information that a warrant is about to be applied for, or has been issued against a particular person, comes within the former definition, if its execution is in the smallest degree thereby delayed. (See CONSPIRACY ; DISSUADING WITNESSES FROM TESTIFYING.)
Obtaining Money or Goods or Credit by False Pretences.— (See FALSE PRETENCES.)
Official Secrets.-1. By the Official Secrets Act, 1911, s. 1, any person is guilty of felony who, for any purpose prejudicial to the safety or interest of the State :—
2. Any person is guilty of a misdemeanor who-
(a) Approaches or enters a "prohibited place." The definition of a "prohibited place" is very wide, and includes any Government work of defence, arsenal, factory, dockyard, camp, ship, telegraph or signal station, or place used for building, repairing, or storing ships, arms or materials of war, or documents relating thereto. (b) Makes any sketch, plan, model or note which might be useful to an enemy. (c) Obtains or communicates any such sketch, &c., to any other person.
3. A person who attempts to commit or incites another to commit an offence under the Act is guilty of felony or misdemeanor according as the offence itself is a felony or misdemeanor (s. 4).
(a) Having in his possession any sketch, document, &c., relating to a prohibited place or used therein, or which has been entrusted to him by any person holding office under His Majesty, or obtained by him owing to his position as a person who holds or has held office under His Majesty, or as a person who holds or has held or is employed under a contract made on behalf of His Majesty, either communicates it to anyone to whom he is not authorised to communicate it, or to whom it is against the interest of the State to communicate it, or retains it in his own possession contrary to his orders or duty. (b) Receives any such sketch, document, &c., knowing or having a reasonable belief that it has been communicated to him in contravention of the Act, unless he can prove that he received it unwillingly (s. 2). (c) Knowingly harbours anyone whom he knows to have committed, or to be about to commit, an offence under the Act, or permits such persons to assemble in his premises, or having so done refuses to disclose any information he may possess to a superintendent of police (s. 7).
4. Any person found committing or suspected of having committed an offence under the Act may be arrested and detained (s. 6).
5. Prosecutions can only be instituted with the consent of the Attorney-General, but the consent is not necessary until after the defendant has been charged and remanded (s. 8).
6. Section 9 of the Act is as follows :-
The expression " superintendent of police " includes any police officer of a like or superior rank (s. 12).
(1) If a Justice of the Peace is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant a search warrant authorising any constable named therein to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place, and every person found therein, and to seize any sketch, plan, model, article, note, or document, or anything of a like nature or anything which is evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or on any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed. (2) Where it appears to a superintendent of police that the case is one of great emergency and that in the interests of the State immediate action is necessary, he may by a written order under his hand give to any constable the like authority as may be given by the warrant of a justice under this section.
7. The terms of this Act should be carefully studied by police doing duty in the neighbourhood of military or naval stations, &c., in view of the importance of its subject, and the fact that it gives new powers to police.
Old Age Pensions.—Inquiries from pension officers respecting applicants for this pension may be made by police. All answers should be in writing, and signed by a responsible officer.
Old Metal Dealers.-1. Any dealer in old metals who either personally or by any servant or agent purchases, receives, or bargains for any metal, whether new or old, in any quantity, at one time, of less weight than 1 cwt. of lead or any composite thereof, or 56 lbs. of copper, brass, tin, pewter, or German silver, is liable to a penalty.
2. If convicted of being in possession of stolen metal without being able to account for it satisfactorily, he may be ordered to be registered with the police for three years, during which he must not buy old metal between 6 p.m. and 9 a.m., or from persons under sixteen ; must keep all old metal received by him for forty-eight hours without changing its form or disposing of it in any way ; must keep certain books open to police inspection ; must notify all changes of address ; and must inform police of any old metal which comes into his possession answering to any description of stolen property. (Old Metal Dealers Act, 1861 ; Prevention of Crimes Act, 1871, s. 13.)
Open-Air Preaching.—The police should not interrupt or in any way interfere with persons preaching in the open air unless actual obstruction of the public thoroughfare is caused at the time, or some specific nuisance to the public or to persons residing at the spot is thereby occasioned.
Opinions.-1. The "opinions" of witnesses are rarely receivable in evidence, even in the case of medical persons and scientific experts, who should endeavour rather to point out facts and let the jury form their own opinion thereon. (See EXPERTS.)
2. Opinions can usually be combated ; and in the same way that it is dangerous to give expression to an opinion in the witness box, it is unwise for police to give any definite opinion to persons aggrieved and others as to the motive for committing the crime, the method of its commission, and its authors.
3. Police should listen to other people's opinions and their reasons for them, forming their own private conclusions, and acting accordingly.
Orange or Banana Peel.-1. The police should remove pieces of orange or banana peel when seen on the pavement, frequent accidents occurring by passengers slipping thereon.
2. If orange or banana peel is wilfully and continually thrown on a pavement, with the evident design of causing annoyance and exposing the public to danger, the delinquent may be summoned or apprehended, and charged with throwing rubbish on a thoroughfare. (See HIGHWAYS.)
Orders.—The orders of a superior officer should be immediately obeyed, without hesitation or delay. If a subordinate has any ground of complaint it can only be preferred, or attended to, after obedience.
Ownership.—(See PRISONERS' PROPERTY.)
Parading for Duty.—Police must parade for duty precisely at the hour ordered, and with all their clothing and appointments clean, properly put on, and in good order.
Parents.—(See BASTARDY ; See CHILDREN, OFFENCES AGAINST ; YOUTHFUL OFFENDERS.)
Parochial Authorities and Visitors.—Police should study the wishes of parochial authorities, as far as possible, and facilitate in any way they properly can the benevolent actions of the clergy and other visitors of the sick and poor, without distinction of creed, who, by providing for their necessities, improve the moral and physical condition of the people, and lessen the tendency to drink and commit crime.
Pawnbrokers.-1. A pawnbroker who does any of the following things is liable to a penalty :-
2. Every person is liable to a penalty, who-
(1) Takes an article in pawn from any person appearing to be under the age of fourteen years, or to be intoxicated. In the Metropolitan Police District the age is sixteen years instead of fourteen. (2) Purchases or takes in pawn or exchange a pawn-ticket issued by another pawnbroker. (3) Employs any servant, or apprentice, or other person under the age of sixteen years to take pledges in pawn. (4) Under any pretence purchases, except at a public auction, any pledge while in pawn with him. (5) Suffers any pledge while in pawn with him to be redeemed with a view to his purchasing it. (6) Makes any contract or agreement with any person pawning or offering to pawn any article, or with the owner thereof, for its purchase, sale or disposition within the time of redemption. (7) Sells, or otherwise disposes of, any pledge pawned with him, except at such time and in such manner as authorised by the Act. (8) Not entering in books and on documents the particulars indicated in Schedule 3 of the Act. (9) Not keeping exhibited over the shop door his name and calling. (10) Taking a pledge without giving a pawnticket. (11) Carrying on business on Sunday, Good Friday, or Christmas Day. (12) Taking in pawn any unfinished goods entrusted to persons to make up, to wash, &c. (13) Acting as pawnbroker without a licence. (14) Failing to produce books when directed or summoned to do so by Justices.
3. Where a pawnbroker reasonably suspects that an article has been stolen, or illegally or clandestinely obtained, he may seize and detain the person and article, or either of them, and deliver them to a constable, to be conveyed before a justice. (Pawnbrokers' Act, 1872.) (See ILLEGAL PAWNING.)
(a) Offers to a pawnbroker an article by way of pawn, being unable or refusing to give a satisfactory account of the means by which he became possessed of the article. (b) Wilfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own property or not, or as to his name and address or as to the name and address of the owner of the article. (c) Not being entitled to redeem, and not having any colour of title by law to redeem a pledge, attempts or endeavours to redeem the same.
Pawnbrokers' Lists.-1. To every pawnbroker and established second-hand goods dealer in the Metropolitan and City Police Districts, as well as in most towns, is issued daily a list of all articles stolen or lost possessing any distinctive mark of identity.
2. The list contains a description of such articles stolen in the provinces as are reported by letter to the Criminal Investigation Department by constabulary forces, if they possess any recognisable marks.
3. The lists should be prepared with great care, and in such manner as to secure, if possible, the attention of pawnbrokers and their assistants, by omitting all unnecessary words—thus, "Gold Locket : mark of identity, A. E. T."— and giving engravings of special articles. (See APPENDIX C.)
Pedlars.-1. Pedlar means any hawker, pedlar, petty chapman, tinker, caster of metal, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot, and goes from town to town, or to other men's houses carrying to sell, or exposing for sale, any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise, immediately to be delivered, or selling, or offering for sale, his skill in handicraft. (See HAWKERS.)
2. Any person who acts as a pedlar without having obtained a certificate from the police, costing 5s. a year, and authorising him so to act is liable to a penalty.
3. Any police officer may call upon a pedlar to produce and show his certificate, and allow him to examine his pack or box. Any person acting as a pedlar who refuses to show his certificate, or has none, or refuses or attempts to prevent inspection of his pack, may be arrested, and is liable to a penalty. While it is very desirable that this power should be exercised with great discretion, it is necessary to remember the great facilities a pretended pedlar may have, especially in rural districts, for petty larceny. Police should keep observation on persons hawking petroleum, and any that are found to come within the above provisions may be apprehended. (See, further, PETROLEUM.)
4. Pedlars' certificates are not required for commercial travellers, book-agents, sellers in legally constituted public fairs or markets, or sellers of fish, fruit, or vegetables.
5. A person to whom a pedlar's certificate is granted who lends or transfers the same, and any person borrowing or making use of a pedlar's certificate granted to another person, is liable to a penalty. (Pedlars Acts, 1871 and 1881.)
Pensions and Gratuities.-1. Pensions and gratuities are granted to police officers under the provisions of the Police Act, 1890, and the Police (Superannuation) Acts, 1906 and 1908.
2. Every constable in the police force—
3. Pensions, allowances, and gratuities are granted to the widows and children of police officers under certain conditions.
(a) If he has completed not less than twenty-five years' approved service, and has reached the limit of age, where one is prescribed, may, on the expiration of such time, not exceeding four months after he has given written notice of his desire to retire, be entitled without medical certificate to retire and receive a pension for life ; and (b) If after he has completed fifteen years' approved service he is incapacitated for the performance of his duty, shall be entitled on a medical certificate to retire, and receive a pension for life ; and (c) If before he has completed fifteen years' approved service he is incapacitated for the performance of his duty, shall be entitled on a medical certificate to retire, and thereupon the police authority may, if they think fit, grant him a gratuity ; and (d) If at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty, without his own default, shall be entitled, on a medical certificate, to retire and receive a pension for life.
4. A pension or gratuity may be forfeited for misconduct.
Performances in the Streets.—Every person who, to the annoyance or obstruction of the inhabitants, exhibits any show or public entertainment in a thoroughfare, is liable to a penalty, and, if the offence is committed within sight of the constable to whom complaint is made, may be apprehended if necessary. (POLICE ACTS.)
Perjury.—The law as to perjury offences is governed by the Perjury Act, 1911.
1. Any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully making a statement material in that proceeding, which he knows to be false or does not believe to be true, commits perjury. The expression "judicial proceeding" includes a proceeding before any court, tribunal or person having by law power to hear, receive, and examine evidence on oath. Statements made in affidavits outside the tribunal are deemed to be made in a judicial proceeding if made for the purposes of such a proceeding. 2. False statements on oath made otherwise than in a judicial proceeding, and false statements with reference to marriages, births or deaths, are punishable as for perjury. 3. False statutory declarations, and other statements without oath (whether oral or in writing) required to be made in pursuance of any public general Act and false in a material particular, are also punishable : as also are false declarations or representations, whether verbal or in writing, to obtain the registration required by law to enable any person to practise any vocation or calling. 4. A person is not liable to be convicted of any offence against this Act solely upon the evidence of one witness. 5. All the offences are misdemeanors, and are not triable at Quarter Sessions.
Personation.-1. Every one commits felony who falsely and deceitfully personates any person, with intent fraudulently to obtain any land, estate, chattel, money, valuable security, or property. (False Personation Act, 1874.)
2. Every person commits felony who personates or who aids, abets, counsels, or procures the personation of any one at any parliamentary or municipal election. (Ballot Act, 1872.)
Persons Found Insensible.-1. Insensibility is the suspension of the functions of animal life, except those of respiration and circulation.
2. Insensibility is likely to be mistaken for drunkenness, and it must be remembered that the conditions may be complicated with each other and with the effects of drink, and that no single sign can be relied on in forming a conclusion of the condition of the patient.
3. When a person is found insensible the following points should be observed :-
(a) The position of the body and its surroundings.
(b) The cause of insensibility.
4. Place the body on the back, with the head inclined to one side the arms by the sides and extend the legs.
Examine the head and body, passing the fingers gently over the surface, and search for wounds, bruises, swellings, or depressions.
Observe the state of the respiration, whether easy or difficult ; the presence or absence of stiffness, and the odour of the breath. (See AID TO THE INJURED.)
Petitions.-1. Police must not in any way, either directly or indirectly, without specific authority, assist in preparing or obtaining signatures to any petition to Parliament, or to a Secretary of State, or to a Lord-Lieutenant or Governor, or to a Chief Officer of police, in respect of any matter within the discretion of Parliament, or affecting the police service, or any persons in it, or any matter of police duty, or affecting the prosecution of offenders or the sentences inflicted upon them, or indeed any other matter whatsoever.
2. Getting up petitions or memorials among police is a breach of discipline. Any just complaints should be submitted through the superior officers of the man who feels aggrieved, when they will receive proper attention.
Petroleum.-1. Petroleum may not be kept without a licence from the Local Authority, subject to a penalty of £20 a day and forfeiture.
2. A licence is not required for keeping petroleum if it is kept in separate glass, earthenware or metal vessels, each containing not more than one pint and securely stoppered, and the total amount does not exceed three gallons. (Petroleum Act, 1871.)
3. A person licensed under the Petroleum Act may hawk it by himself or his servants, if he complies with the provisions of the Pedlars Acts, and with the following regulations :-
4: A constable or officer of a Local Authority who has reason to believe that an offence is being committed may seize any petroleum or carriage and take it before a magistrate. (Petroleum Hawkers Act, 1881.)
(a) Not more than twenty gallons to be conveyed at one time in one carriage. (b) The petroleum must be in a closed vessel so constructed as not to leak. (c) The carriage must be properly ventilated. (d) Due precautions must be taken against fire.
Photography.-1. The utility of photography in all matters connected with police work cannot be over-estimated. The possession of a camera or kodak by a constable may be in many cases of the greatest advantage. At any rate at nearly every country house now he can obtain the services of someone with a kodak. An immediate photograph should be taken wherever practicable before anything is moved—
A photograph of a person suspected or wanted, or of some associate of his, as also of stolen property or goods similar thereto, may be very valuable, and it is essential of finger prints.
(a) Of the scene of a murder or other serious crime. (b) Of a body found dead. (c) Of a collision between motor cars or other vehicles.
The illustrated press may also be utilised for circulating information far more effectively than can be done by the police, and many papers may be disposed in cases exciting public attention to further the ends of justice in this way as a matter of news.
2. The photographs of all persons sentenced in England and Wales to penal servitude or police supervision are prior to liberation forwarded from the prison to the Convict Supervision Office, New Scotland Yard, and a copy sent with the descriptive form to the police of the district into which the convict has elected to be released. (See also CONVICT SUPERVISION OFFICE.)
3. The Secretary of State may make regulations as to the measuring and photographing of all prisoners confined in any prison (Penal Servitude Act, 1891), and has decided that, upon the application and at the cost of police, the Governors of His Majesty's prisons should cause the photographs to be taken of prisoners whose names are furnished to them.
4. This enables the police to secure for future reference the photograph of a person convicted of a serious offence, but sentenced to imprisonment only. Officers in charge of cases, who consider that the photograph of the prisoner should be taken, should make a recommendation to that effect through the proper channel.
Pickpockets.-1. The greatest vigilance is necessary on the part of police for the detection of pickpockets, and every effort should be made to apprehend them while the hand is absolutely in the pocket of the person robbed, or the stolen property is still in their possession; for although an arrest for attempting to pick pockets is perfectly legitimate, there are so many channels open for successful defence to the charge, in the absence of corroboration, that it is better under ordinary circumstances to wait.
2. Pickpockets frequent railway stations, race meetings, fires, and crowded 'bus and tram stations, and often take advantage of any crowd, or an occasion of public interest, or of the unguarded way in which watches and purses are carried, especially by ladies, often with ostentatious display, inciting to theft.
3. Observation for pickpockets is better kept at a short distance above or behind a crowd, and when those persons whose movements are suspicious have been singled out, the officer must endeavour to get as near them as possible without attracting their notice.
Pistols.-1. A pistol (i.e., a firearm, not an antique curiosity, without ammunition, with a barrel not exceeding nine inches in length) must not be sold or let on hire to any person who does not produce a gun or game licence then in force, or give reasonable proof that he is a person entitled to use a gun without a licence under section 7 of the Gun Licence Act, 1870, or produce a statement signed by himself, and countersigned by a Magistrate or a police officer of his district not below the rank of Inspector, that he is about to proceed abroad for not less than six months.
2. Every person who sells by retail or lets on hire a pistol must before delivery enter in a book kept for the purpose the name and address of the purchaser or hirer, and the office from which his gun or game licence was issued, and produce the book on the demand of any police officer, subject to a penalty of £5.
3. No pistol may be sold to any person under eighteen years of age, or who is of unsound mind, or intoxicated. (Pistols Act, 1903.) (See GUN LICENCES.)
Placards and Printed Bills.—The police should notice all bills or placards posted up, and pamphlets or handbills distributed in the street, and anything of an obscene, immoral, unusual, or offensive nature should be reported, and a copy if possible obtained, with a view to proceedings being taken.
Poaching.-1. Every one commits a misdemeanor who by night unlawfully takes, or destroys, any game (hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards) or rabbits in any land, whether open or enclosed ; or by night unlawfully enters or is upon any such land with any gun, net, engine or other instrument for the purpose of taking or destroying game.
2. Any person found committing such offence may be apprehended and handed over to a constable by the owner or occupier of the land, or person having the right of sporting thereon, or any assistant, gamekeeper, or servant of such person.
3. If a poacher assaults, or offers any violence to, a person thus authorised to apprehend him, he is guilty of a misdemeanor.
4. "Night" in poaching cases, as distinguished from burglary, means the interval between the end of the first hour after sunset and the beginning of the last hour before sunrise. (Night Poaching Act, 1828.)
5. Any person committing any trespass by entering or being in the daytime upon any land in search of game or woodcocks, snipe, quails, landrails, or conies, is liable to a penalty of £2. If five or more persons trespass together, the penalty is £5. (Game Act, 1831, s. 30.)
6. Any constable in any highway, street, or public place, may search any person whom he has good cause to suspect of coming from any land, where he has unlawfully been in search or pursuit of game, or any person aiding or abetting such person and having in his possession any game unlawfully obtained, or any guns, nets or instruments used for taking or killing game. He may also stop and search any cart, or other conveyance, in or upon which he has good cause to suspect that any such game, or any such article or thing, is being carried by any such person, and if any such game or article be found, it may be seized, and the person summoned before a Court of Summary Jurisdiction. (Poaching Prevention Act, 1862, s. 2.)
Pocket-Books.—It is absolutely essential that a constable should at all times have with him a pocket-book and pencil to take down names and addresses of persons complaining to him of any occurrence, and the circumstances connected with any crime, accident, or other event likely to form the subject of police inquiry. (See NOTES.)
Poisons and Poisoning—1. Poisons are substances capable of destroying life.
2. The points to be kept in view in cases of poisoning are :-
3. Emetics.—Emetics are remedies used for the purpose of causing vomiting. The safest and readiest are-
(a) To get rid of the poison by encouraging vomiting. (b) To counteract the effects of the poisons by antidotes, which will mechanically, or chemically, render the poison harmless. (c) To remedy the effects produced, and obviate the tendency to death, by stimulants, artificial respiration, and exciting the excretory organs.
The stomach pump cannot be used except by a surgeon, but a safe substitute can be found in a piece of gutta-percha tubing, provided the patient is not in an insensible condition. Take three yards of elastic gutta-percha tubing, about half an inch in diameter with a polished surface if possible, which may be oiled ; induce the patient to swallow gently, and little by little, from fifteen to twenty inches of it ; raise the free end above his head, and pour down a pint of warm water, or as much as the stomach will receive. Then lower the free end and it will empty itself ; repeat the filling and emptying as often as is thought necessary. Even if the patient cannot swallow the tube, the violent coughing it will produce will perhaps make him sick.
(a) Irritating the back of the throat with the finger or a feather. (b) Large draughts of tepid water, containing a tablespoonful of salt or mustard. (c) One or two tablespoonfuls of ipecacuanha wine, in water.
4. Emetics must not be given for "corrosive irritant poisons"; the sufferer should be given soothing drinks, such as milk, barley-water, or oil (not mineral), and, in case of collapse, strong tea or coffee. If the poison is an acid, such as oxalic acid, salts of lemon, vitriol (sulphuric acid), aqua fortis, or spirit of salt, give one or two tablespoonfuls of magnesia, chalk, whiting or plaster, mixed with milk or water ; for carbolic acid give two tablespoonfuls of Epsom salts. If the poison is an alkali, such as washing or caustic soda or potash, or ammonia, give two or three tablespoonfuls of vinegar or lemon or orange juice in water.
5. In a case of suspected poisoning, police must take care that not only all bottles and boxes containing medicine and medicinal matter, all food or drink prepared for the sufferer and not used, and the receptacles in which they were served, are seized, but also that evacuations of the deceased, by vomit or action of the bowels or kidneys, are preserved intact for medical analysis. This can only be secured by placing them in a locked room, under constant charge of a constable, and the vessels in which substances for analysis are placed must be first thoroughly washed with clean water, and only removed under strict medical direction. Pocket handkerchiefs, pillow cases, and sheets used by the person believed to have been poisoned should also be scientifically examined, if secured before washing, for expectoration tainted with poison. The floor should also be examined for expectoration, and all matter expectorated must be preserved.
6. If it is only after burial that suspicious facts come to light, the Home Secretary may be applied to on affidavit for an order to exhume the body—an operation requiring scientific care.
7. Persons attempting to administer any poison or other destructive thing with intent to commit murder are guilty of felony, and liable to penal servitude for life whether any bodily harm be effected or not. (Offences against the Person Act, 1861, s. 14.)
8. By the Pharmacy Act, 1868, poisons may only be sold by qualified and registered chemists and druggists, who must keep the prescribed books and comply with the various requirements of the Act. The Act does not apply to the sale of poisons such as weed-killers, sheep-dips, &c., for agricultural purposes.
9. By Orders in Council, dated April 2nd, 1909, and March 22nd, 1911, County and Borough Councils are authorised to grant licences to persons for the sale of poisonous substances to be used exclusively in agriculture or horticulture for the destruction of insects, fungi, or bacteria, or as sheep-dips or weedkillers. Before sending an application for a licence to the Local Authority, the applicant is required to send notice by registered post to the chief officer of police of the police area within which his premises are situate of his intention to apply. Police should notify the Local Authority if the person applying is not fit to be entrusted with the sale of the poisonous substances.
Poisoning Animals.—(See CRUELTY TO ANIMALS, pars. (1) and (5).)
Police Districts.-1. A police district is any county or division of a county, or any city borough, or town maintaining a separate police force, and the Chief or Head Constable thereof is the chief officer of police.
2. The City of London, and the liberties thereof, form the City Police District, and the Chief Officer is the Commissioner of Police in the City.
3. The Commissioner of Police of the Metropolis is the chief officer of the Metropolitan Police District.
"Police Gazette."—1. The Police Gazette, London, is issued gratis, twice a week, viz., on Tuesdays and Fridays, to the police forces of the kingdom.
2. A request for the arrest of any person must be authenticated by the signature of a Superintendent of Police, or of a Chief Officer, or his immediate deputy, if no warrant has been issued.
3. Stolen animals, and property, should be described as concisely as is possible, giving prominence to special marks of identity.
4. Announcements for insertion in the Police Gazette, and applications for copies to be regularly supplied, should be addressed to
The Editor of The Police Gazette, New Scotland Yard, London, S.W.
Police in Private Employ.—The Commissioner of Police or the Chief Constable of any County or Borough, with the approval of the Home Secretary, Joint Committee, or Watch Committee, may on the application of any person or persons showing the necessity thereof, appoint and cause to be sworn in, any additional number of constables at any place within the limits of his authority, at the charge of the person or persons by whom the application is made, but subject to the orders of the Chief Constable, and for such time as he shall think fit.
Police Notices.—Police Cautionary Notices, especially with the advent of new legislation, are of great assistance if printed and posted on the notice boards at Stations, and issued to shopkeepers and others with a view to give as much publicity as possible.
Police Reservists.—Army reservists in the police called out for permanent service may, if the police authorities think fit, have their period of service reckoned in the computation of approved service for the purposes of any pension or gratuity under the Police Act, 1890. (Police Superannuation Act, 1906.) While they are called out the police authority may make allowances for the support of their families. (Police Reservists Allowances Act, 1900.)
Police Stealing or Embezzling.—Any police officer who steals or embezzles any chattel, money, or valuable security entrusted to, or received, or taken possession of by him by virtue of his employment, or in any manner fraudulently applies or disposes of the same or any part thereof to his own use and benefit, or for any purpose whatsoever, except for the public service, is liable to penal servitude. (Larceny Act, 1861, ss. 69, 70.)
Police Supervision.—(See PREVENTION OF CRIMES ACTS.)
Poor Prisoner's Defence.-1. If it appears to the committing Justices, or to the Judge of a Court of Assize, or a Chairman of a Court of Quarter Sessions, at any time after reading the depositions, that a prisoner has insufficient means to enable him to obtain legal aid in the preparation and conduct of his defence, and that having regard to the nature thereof, as disclosed in the evidence before the committing Justices, such legal aid is desirable in the interests of justice, a certificate to that effect may be given, and thereupon the poor prisoner will be entitled to have solicitor and counsel assigned to him. (Poor Prisoners' Defence Act, 1903.)
2. The expenses will be allowed and paid in the same manner as the expenses of a prosecution in cases of indictment for felony, subject to rules and regulations made by the Home Office.
Portico Larcenies.—Portico larcenies are committed by climbing up the portico or balcony at an hour when the family and servants are not likely to be about, and the entry is much facilitated in summer by the window over the portico or opening into the balcony being often carelessly left open. (See ATTIC LARCENIES.)
Postal Packets.—Everyone who steals a mail bag or a postal packet in course of transmission by post from a mail bag or from a post office or an officer of the post office, or who steals any chattel, money, or valuable security from or out of a postal packet, or who stops a mail, with intent to rob or search the same, is guilty of felony, and, similarly, any person feloniously receiving any article stolen by such means. (Post Office Act, 1908, ss. 50, 52.)
Post Office.-1. The attention of police should be directed to the various attempts that are made to intercept letters posted in pillar letter boxes. Constables should carefully and frequently, especially at night, examine the apertures of the boxes on their beats by running their fingers, as far as possible, round the inside, and should they discover that any device, trap, or sticky substance has been inserted, they should not remove it, but keep careful and quiet watch to endeavour to discover the offender, until visited by the Sergeant, who will send immediate information to the station and the district post office. (See LETTER BOXES.)
2. Postmen, or drivers of mail carts, &c., guilty of any act of drunkenness, negligence, or other misconduct, whereby the safety of a mail bag or postal packet may be endangered, or who collect, receive, convey, or deliver a postal packet otherwise than in the ordinary course of post, or who give any false information of an assault or attempted robbery upon them, or who loiter on the road, or wilfully mis-spend their time, so as to retard or delay the progress or arrival of a mail bag or postal packet, and drivers of mail carts who improperly carry a passenger, are liable to a penalty of £20. (Post Office Act, 1908, s. 57.)
3. Police noticing the commission of any of these offences by postmen and mail drivers should report the circumstances, with all particulars, and the matter should be officially notified to the Postmaster-General, except in the case of drunkenness, when, if absolutely necessary, the postman may be detained, and a notification sent to the nearest post office.
4. It is an offence to put up any words, letters or marks making it appear that a place is a post office or post office letter box, without the authority of the Postmaster-General (s. 66).
5. Any person obstructing an officer of the post office in the execution of his duty or whilst in any post office is liable to a fine of £2 (s. 67).
6. Police should cultivate a friendly feeling with the Post Office officials by all possible means and for obvious reasons.
Power of Attorney.—A power of attorney is a writing authorising another person to do any lawful act in the stead of another, and is either general or special.
Prevention of Corruption.-1. If any agent, which term includes any person serving under the Crown, or any County or District Council, or any Corporation, corruptly accepts or obtains, or agrees to do so, any gift or reward as an inducement for doing or not doing any act in relation to his employers' affairs or business, or for showing favour or disfavour to any person in that connection, he is guilty of a misdemeanor, and liable on indictment to imprisonment and a fine of £500, or on summary conviction to imprisonment for four months and a fine of £50.
2. If a person corruptly gives or agrees to give or offers any gift or consideration to an agent with like intent, he is similarly liable.
3. If any person knowingly gives to an agent, or any agent knowingly uses with intent to deceive his principal, any false receipt, account or document, the penalty is the same.
4. No prosecution can, however, be instituted without the consent of the Attorney-General or Solicitor-General. (Prevention of Corruption Act, 1906.) (See BRIBERY.)
Prevention of Crime Acts.
(a) Convicts on Licence and Supervisees.
1. Convicts sentenced to penal servitude, who earn the requisite number of marks by their conduct in prison, are released before the completion of their sentence "on licence," i.e., subject to their observing certain conditions, of which the following are the most usual :-
2. Licence-holders are further required to observe the following regulations
They shall produce their licence when called upon by a Magistrate or Police Officer (they need not carry it upon them). They shall abstain from any violation of the law. They shall not habitually associate with notoriously bad characters. They shall not lead an idle and dissolute life, without visible means of obtaining an honest livelihood.
3. Persons sentenced, under the Prevention of Crimes Act, 1871, to a period of " Police Supervision " (see below), are subject to the same regulations as regards reporting.
(1) They shall after liberation report themselves where directed, forthwith. (2) They (women excepted) shall report themselves every month at the police station and on the day of the month named in the notice served on them.
(Note.—Permission is sometimes given to make this monthly report by letter instead of personally.)
(3) They shall sleep at the address which they notify to police. (4) If they change their residence to another in the same district, they shall notify the change at the nearest station. If they are about to leave a district they shall notify their intention at the nearest station, giving the place, and if practicable the address to which they are going ; and on arriving in any new police district they shall at once notify their intended address at the nearest station thereto.
4. It is of very great importance to avoid giving licence-holders and supervisees any ground for alleging that they are being interfered with by police, or in any way prevented from leading an honest life. When it is necessary to make inquiries at their addresses or places of business, it is desirable if possible that they should be made by officers in plain clothes who are not known in the district, and great care should be taken that the nature of the inquiry should not be disclosed to anyone other than the licence-holder or supervisee himself.
5. A society has recently been formed called the Central Association for the Aid of Discharged Convicts, representing many of the agencies which hitherto worked independently with the same objects. All convicts, except those who refuse aid, are now released to the care of the Association. In some cases the requirements as to reporting are altogether remitted by the Home Secretary.
(b) Persons Twice Convicted of a Crime.
Section 7 of the Prevention of Crimes Act, 1871, subjects persons twice convicted of a crime (as there defined) to certain liabilities.
"Crime," for the purpose of this Act and the Prevention of Crime Act, 1908, means :-
Uttering counterfeit coin, or possessing counterfeit gold or silver coin.
Obtaining goods or money by false pretences.
Conspiracy to defraud.
Any misdemeanor under section 58 of the Larceny Act.
Any pleas of the Crown.
Any theft punishable with penal servitude.
Forgery and uttering.
Falsehood, fraud, or wilful imposition.
Uttering or possessing counterfeit coin.
When a person is convicted of any such crime, and a previous conviction of a "crime" is charged in the indictment and proved against him, then, for a period of seven years after the expiration of the sentence passed upon him, he becomes liable to twelve months' imprisonment in the following circumstances :-
If, on being charged by a constable before a Court, it appears there are reasonable grounds for believing that he is getting his living by dishonest means.
If, on being charged with any punishable offence whatever, he declines to give his name, or gives a false name and address.
If he is found in any place, whether public or private, under such circumstances as to satisfy the Court before whom he is brought that he was about to commit, or assist in committing any offence punishable on indictment or summary conviction, or that he was waiting for an opportunity to commit, or assist in committing any offence so punishable.
If he is found in any of the following places or premises, and is not able to account satisfactorily for his being there, viz., in or upon any dwelling-house, or any building, yard, or premises, being parcel of or attached to such dwelling-house or other place of business, or in any garden, orchard, pleasure ground or nursery ground, or in any building or erection in any garden, orchard, pleasure ground or nursery ground, without being able to account to the satisfaction of the Court before whom he is brought for his being found on such premises.
Section 8 gives power to the Court before whom a person is twice convicted of a crime as above described, to direct that he is to be subject to "Police Supervision" for a period (not longer than seven years) after the expiration of his sentence. (See Convicts on Licence, above.)
(c.) Habitual Criminals.1. The Prevention of Crime Act, 1908, creates a new category of offenders called "Habitual Criminals" for whom a special form of imprisonment, called "Preventive Detention," is provided.
2. By section 10 of that Act, it is provided that when a person is convicted on indictment of a crime and sentenced to penal servitude, and it is proved—
The word "crime" has the same meaning as in the Prevention of Crimes Act, 1871. (See above.)
(a) That he has been three times previously convicted of crime since the age of sixteen years ; and (b) That he is leading persistently a dishonest or criminal life, he may be further convicted as a habitual criminal, and sentenced to a period of preventive detention, to follow the sentence of penal servitude.
3. A charge of being an habitual criminal can only be made with the consent of the Director of Public Prosecutions.
4. It is further necessary that a notice be served on the offender, and on the officer of the Court, not less than seven clear days before the opening of the Assize or Sessions where he is to be tried. The notice to the offender must specify the previous convictions and other grounds on which the charge is based.
5. The above are the requirements provided by the Act of Parliament, but in practice, the Director of Public Prosecutions does not, as a general rule, consent to the indictment of a person as a habitual criminal unless
Cases which appear near the border-line of these last requirements should, however, always be submitted to the Director, as well as any others, which, though not complying with them, have other exceptional features which seem to point to the desirability of the Act being invoked.
(a) He is over thirty and under seventy. (b) He has already undergone a sentence of penal servitude. (c) The crime for which he is awaiting trial is of a serious and substantial nature.
6. When a prisoner appears to come within the provisions of the Act, it is the duty of police
7. The object of the Act being only to deal with those who give themselves up persistently to crime, it is of great importance to know whether or not the prisoner has made any genuine effort to do any honest work or reform himself since his last release. For this purpose it is permissible for the officer making the inquiry to interview the prisoner, tell him that he may be indicted as an habitual criminal, and ask if he will give the names and addresses of any persons for whom he has been working, or who can speak as to his character.
(i.) To satisfy themselves that the three previous convictions can be strictly proved. (ii.) To make all possible inquiries as regards the prisoner's habits and mode of life, especially since his last release from prison.
8. When the inquiry is completed the whole of the facts should be embodied in a report for transmission to the Director, together with a tabular list of previous convictions (giving dates of release in every case).
9. If the Director consents to his indictment, he will forward the necessary notices for service on the prisoner and officer of the Court.
10. If there is any doubt as to the prisoner having been sixteen years old at the date of the first of the three convictions to be proved, it will be necessary to have evidence to this effect, e.g., that of the prison official to whom he stated his age on admission to prison on that occasion.
Previous Convictions.-1. When a prisoner is in custody for a serious offence, every effort should be made to ascertain his former character. If he is known to have been previously convicted his file should be applied for from the Convict Supervision Office. If this is not known his finger prints should be taken either by police or at the prison and forwarded to New Scotland Yard for identification.
2. If he is charged with a "crime" within the meaning of the Prevention of Crimes Act (q.v.), and he has been previously convicted of such a "crime," it will generally be necessary that the previous conviction should be included in the indictment. This applies also to certain of the coinage offences. (See COUNTERFEIT COIN.)
3. For this purpose particulars of the previous convictions should be given in the instructions for the indictment which are handed to the Clerk of the Peace at the Court where he will be tried, and police must be prepared with proof of the previous conviction.
4. The previous conviction is proved (1) by producing a certificate of the conviction, which must be previously obtained from the Clerk of the Peace of the County in which he was convicted, or (if at the Central Criminal Court) from the Clerk of Arraigns there, and (2) by calling a police officer or warder who was present on the occasion of the previous conviction.
It is the duty of police to see that this evidence is available at the trial.
5. According to English Law the fact that a prisoner has been previously convicted is, as a general rule, not in any way evidence to show that he has committed the offence for which he is now being tried ; although it will, if he is convicted, affect the sentence passed.
Police should, therefore, in giving evidence strictly avoid making any reference to the prisoner's previous history, except by the direction of the Court.
6. The rule that a previous conviction is no evidence against a prisoner is subject to the following exceptions:-
(a) In certain cases where the act of which the prisoner is accused is one which might have been done with an innocent intention, it is allowable to prove that he has previously done similar acts with a guilty intention, which may necessitate giving evidence of previous convictions.
A strong instance of this is in cases of receiving stolen property.
By the Prevention of Crimes Act, 1871, s. 19, when a person is charged with receiving stolen goods which have been found in his possession, then if he has within the last five years been convicted of any offence involving fraud or dishonesty, evidence of the conviction may be given for the purpose of showing that he knew the property found in his possession to be stolen.
Apart from this instance, which is important to remember, the question is a legal one of some difficulty with which police need not concern themselves.
(b) Under the Criminal Evidence Act, 1898, when a prisoner has either himself or by his counsel asked questions of the witnesses for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or when the character of the witnesses for the prosecution is attacked by the defence, then the prisoner when he gives evidence may be cross-examined as to previous convictions.
Printed Information.-1. Informations or notices describing persons whose apprehension is sought, and their crimes ; property stolen, lost or found ; persons or bodies and animals missing, lost, or found, are compiled and printed at the Metropolitan Police Office, and issued to every station in the Metropolitan and City Police Districts four times a day (9 a.m., 12.30 p.m., 6.30 p.m., and 10.30 p.m.), except Sunday, when they are issued twice (10.30 a.m. and 10.30 p.m.). Copies of each issue are also posted to certain of the Police Stations in the counties of Berkshire, Buckinghamshire, Essex, Hertfordshire, Kent and Surrey.
2. Information regarding crime, including the descriptions of persons who are believed to have sought a hiding place in London, wanted by Constabulary Forces, is printed in each issue of Informations daily, and must be specially studied by every Metropolitan and City Officer desiring to do good work. The necessity of police making themselves thoroughly acquainted with the contents of the Informations and the beneficial results likely to accrue therefrom cannot be over-estimated.
Prisoners.-1. In apprehending a person, and making him or her a prisoner, no more violence should be used than is absolutely necessary for the safe custody of the prisoner. (See APPREHENSION.)
2. The usual plan is to seize the right arm and keep hold of it until the prisoner is in the station, to prevent the possibility of escape. When a prisoner is once in custody, he or she must never be lost sight of for a single instant on any pretence whatsoever, and should not be released except by direction of a Magistrate, or on the responsibility of an officer in charge of a police station.
3. If a prisoner resists, the constable is bound to endeavour to detain him, taking care not to inflict any unavoidable injury.
4. If the constable is likely to be overpowered, he may draw his truncheon and use it, taking care to avoid, if possible, striking on the head. The arms and legs should be aimed at to disable a prisoner, as the parts of the frame least likely to suffer serious injury.
5. The constable may also blow his whistle, which will bring assistance ; but extreme measures should not be resorted to except where all other attempts have failed, and a prisoner is likely to escape through the constable being ill-used and overpowered.
6. Prisoners who are very violent, and who are charged with very serious offences, should, if necessary, be handcuffed.
7. No police conversation should be held in the hearing of prisoners, nor should any improper language or taunting remarks be used towards them. They should also not be made an exhibition of to the curious, in being conveyed to and from the court.
8. All possible facility should be given for prisoners to send for bail, and to communicate with their friends, but no letter must be sent without the officer on duty first satisfying himself that it contains nothing in the nature of a warning to accomplices, or prejudicial to the interests of justice.
9. When prisoners in wet clothes are brought to a police station, inquiry should be made as to whether they wish their wet clothing dried. If they do, it should be done, as far as may be practicable.
10. Prisoners should be supplied with clear water to drink, in clean glasses, and some should be handy to the dock and witness-box in case of faintness.
11. Necessary refreshments for prisoners may be purchased at their request out of money taken from them, providing the charge against them does not relate to the money. The amount expended for refreshments must be entered in the Prisoner's Property Book.
12. When it is necessary for prisoners to have refreshment, either at their own or at the public expense, no beer or spirits whatever should be given to them, or admitted into the cells, but only tea, coffee or mineral waters, with such eatables as are usual at the time of day.
13. A solicitor, or a clerk authorised to act for him, may be allowed to communicate with a prisoner in the custody of the police at a station, if the prisoner wishes it, but no interview should be allowed a person who seeks to be retained for the prisoner's defence, without any instructions to that end. Facility, as far as practicable, should be given that the communication may not be overheard by anyone ; but care must be taken that the prisoner shall not escape, and, if necessary for the purpose, one of the police may keep the prisoner in sight during the communication.
14. No newspaper reporter should be allowed to interview a prisoner, or receive any information from police or warders concerning him, or be within sight or hearing of any meeting between him and his friends.
15. A statement made by a prisoner when charged at a station must be accurately written down at the time by the Inspector or Sergeant on duty, and reported to the Magistrate who hears the case. But no questions as to the crime must be put to them. (See QUESTIONING.)
16. If prisoners are insensible, or appear to be ill or injured in any way, although they do not complain, a Surgeon should be sent for immediately. This course relieves the police of responsibility, and should be strictly observed. The police incur heavy responsibilities by deviation from this rule. (See also DRUNKEN PERSONS and MALINGERING.)
17. An Inspector or Sergeant, on commencing his tour of duty in charge of a police station, should on each occasion receive from the Inspector or Sergeant whom he relieves a statement of the number of persons then confined, and with him visit the cells, and make a personal inspection of each prisoner. The Inspector or Sergeant, for his own security, ought to see that the prisoners are in a proper state when he commences his tour of duty. (See also SEARCHING A PRISONER.)
Prisoners' Property.-1. All articles taken from a prisoner when charged or taken possession of elsewhere as relating to the charge, should be entered in a book kept for the purpose, or otherwise carefully recorded. The station officer should see that articles relating to the charge are marked by the officer in charge of the case, so that the latter will be able to swear that each article is the same as that originally taken possession of by him.
2. Once property is taken possession of by a police officer it should not be given up to anyone except by order of the Court or of a Superior Officer of Police.
3. Section 44 of the Summary Jurisdiction Act, 1879, provides that where any property has been taken from a person charged before a Court of Summary Jurisdiction with any offence punishable either on indictment or on summary conviction, a report shall be made by the police to such Court of the fact, and of the particulars of such property, and the Court shall, if of opinion that the property or any portion thereof can be returned consistently with the interests of justice, and with the safe custody of the person charged, direct such property or any portion thereof to be returned to the person charged or to such other person as he may direct.
4. The disposal of property stolen or wrongfully obtained is governed by the following Statutes :-
5. Cases often arise in which the Court either cannot or does not make any order as to the disposal of property in the hands of police, and there is a difficulty in deciding to whom it should be given up after the conclusion of the case.
(a) By section 100 of the Larceny Act, 1861, the Court before whom a prisoner is indicted for offences under that Act may order the restitution of the property stolen, obtained, &c., or the proceeds thereof, to the owner, if the latter has prosecuted, and if the prisoner is tried summarily the Court has similar powers. (Summary Jurisdiction Act, 1879, a. 27.) (a) By the Pawnbrokers Act, 1872, a. 30, when a person is convicted of stealing or obtaining fraudulently any goods, and it appears that the goods have been pawned, the Court may order their restitution to the owner, either on payment by him of the whole or some part of the sum lent on them, or without any payment, at the discretion of the Court. (a) The Criminal Law Amendment Act, 1867, s. 9, provides that when a person convicted of theft has sold the stolen property to an innocent purchaser, and any money was taken from the prisoner when apprehended, the Court may order the payment to the purchaser of a sum not exceeding what he paid for the property, out of the prisoner's money, upon the restitution of the property to its real owner.
The Police Property Act, 1897, s. 1, provides that when property has come into possession of police in connection with any criminal charge, a Court of Summary Jurisdiction may, on application by summons either by an Officer of Police or by a claimant of the property, make such an order for its disposal as may seem meet.
In cases of doubt or dispute as to ownership a Chief Officer of Police can direct the claimants to take out a summons under this Act ; and the same course may be adopted when the person charged claims the property but there is good reason to believe he is not entitled to it, although the true owner cannot be found.
6. When only one person claims the property and there is no substantial doubt as to his being entitled to it, but a possibility that some other person may afterwards come forward to claim it, it may generally be given up to the present claimant upon his signing an indemnity. (See INDEMNITY.)
7. Whenever property in the hands of police is given up to anyone, a receipt, specifying each article, should be taken.
8. Where there is a right of appeal, property should be retained until the time for appealing has expired, or the appeal is heard. If the conviction is quashed, any order that has been made by the Court of trial as to the disposal of the property becomes void.
9. The Prisoner's Property Book should be invariably sent to the Court with the charge-sheet, and the Magistrate may be asked if any special property, or any small sum of money, found on the prisoner, may be banded to the prisoner, or to some person designated by him in writing.
Prisons.-1. The whole of the prisons in England are under the control of the Secretary of State for the Home Department.
2. Every person who, contrary to the regulations of the prison, brings or attempts by any means whatever to introduce into any prison any spirituous or fermented liquor or tobacco, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco to be sold or used therein, contrary to the prison regulations, is liable to imprisonment or a penalty, or both, and if a prison officer to dismissal as well. (Prisons Act, 1865, s. 38.)
3. Every person who, contrary to the regulations of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of any prison, is liable to a penalty of £10, and dismissal if an officer (s. 39). (See WARDERS ; ESCAPE.)
Private Inquiry Agencies.-1. Police must be exceedingly careful not to identify themselves in any way with private inquiry agents, whose proceedings are usually connected with divorce and other family disputes of an equivocal character, likely to form the subject of legal proceedings.
2. There can be no harm, however, in retired officers directing such inquiries, and of pensioners being recommended for the purpose. But they must take care to keep their hands clean, or their pensions may be forfeited under the Police Superannuation Act, 1906.
Private Parties, Balls, &c.—Private individuals desiring the services of the police, in the regulation of traffic, &c., at private entertainments, should write to the superintendent of the division wherein they reside, specifying the number of men required. A regulated charge is usually made on a bill which will be subsequently sent in for such services, which are, as a rule, assigned to constables as extra duty.
Privileged Communications and Documents.—There are certain confidential matters which, according to English law, a witness cannot be compelled to divulge ; they are called privileged. A solicitor, e.g., cannot be compelled to disclose what has passed between himself and his client.
Official documents are also "privileged," if their disclosure would be contrary to the public interest. Many police documents are of this character, and where, as sometimes happens, officers are subpoenaed to produce police reports, &c., which, by reason of their confidential character, it is undesirable to disclose, the officer producing them should tell the Judge that privilege is claimed for them, and ask if he need produce them.
A police officer is sometimes asked for the name of the person who gave him information ; he should always refuse to answer unless the informant is willing for his name to be disclosed, or the Judge orders the officer to disclose it.
Privileged Persons.—The following are exempt from criminal proceedings for offences against the law of this country :-
(i.) Foreign Sovereigns and Sovereign Princes and their official suites. (ii.) Children of Foreign Sovereigns and Sovereign Princes accompanying their parents. (iii.) Ambassadors or Representatives of Foreign States, their staff and servants.
Prize Fights.-1. Prize fighting is an indictable misdemeanor on the part of all directly concerned. If parties meet intending to fight till one gives in from exhaustion or injury received, it is a prize fight, whether the combatants fight in gloves or not. If it comes to the notice of police that a prize fight is about to take place, the intended combatants should be brought before a court on summons, or if necessary arrested, with a view to their being bound over to keep the peace.
2. Whether a glove contest will constitute a prize fight will depend not merely on the rules which are to apply, but on the way in which the fight is already conducted. A sparring match, in which the object is to win by skill, and not by the severity of the injuries inflicted, is not illegal.
3. If a glove fight is announced which it is considered will not amount to a prize fight, the occupier of the building or enclosure should be cautioned that if he allows any glove fight to take place of such a character as to be dangerous, or if any breach of the peace occurs, or any serious injury arises from it, or any illegal betting takes place, "he will be held responsible." The persons hiring the room for the entertainment should also be similarly cautioned, and the combatants, seconds and referee warned.
Probation of Offenders.-1. The Probation of Offenders Act, 1907, provides that when a person is charged before a Court of Summary Jurisdiction with an offence punishable by such Court, and the Court thinks that the charge is proved, it may nevertheless dismiss the charge altogether, or may bind the offender over, with or without sureties, to appear for conviction and sentence when called on at any time during a specified period, not exceeding three years, if it is of opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to release the offender on probation.
Any person convicted on indictment of any offence punishable with imprisonment may also be discharged under a similar recognisance (s. 1).
2. A recognisance may contain a condition that the offender be under the supervision of such person as may be named in the order, and also all or any of the following additional conditions :-
An order requiring the insertion in the recognisance of a condition as to the offender being under the supervision of a person named by the Court is referred to as a probation order (s. 2).
(a) For prohibiting the offender from associating with thieves and other undesirable persons, or from frequenting undesirable places. (b) As to abstention from intoxicating liquor where the offence was drunkenness, or an offence committed under the influence of drink. (c) Generally for securing that the offender should lead an honest and industrious life.
3. Probation Officers are appointed in each petty sessional district for the supervision of persons dealt with under this Act.
4. Should it come to the notice of police that a person under probation is not observing the terms of his recognisance, the matter should be reported to the Probation Officer. Should he, however, commit a fresh offence, police must apprehend or apply for process as in the case of any other offender, and acquaint the Probation Officer.
Processions.—It is desirable in keeping a route clear for Royal or other organised processions to occupy the ground in good time, and to secure the ends of side streets from which a rush might be made, by barriers or mounted men. If any outrage is feared the police should face the crowd rather than the procession so as to have the people well in view, and enable any suspected character to be designated to the police in plain clothes posted at regular intervals, by signal, note, or otherwise. The dangerous moment is that when the principal personage is about to pass, and then the police must be most vigilant. They are not expected to salute. Their duty is to watch the people and keep the way clear. (See ANARCHISM.)
Procurators Fiscal.—Procurators Fiscal are the public prosecutors in Scotland, where the criminal procedure is not the same as in England, Wales, and Ireland.
Production of a Prisoner as a Witness.—(See WITNESSES.)
Promotion.-1. All promotions in the Metropolitan Police, and most other forces, up to the rank of Superintendent (in the Royal Irish Constabulary to Head Constable) are made from the next rank below.
2. When vacancies in the higher ranks occur, and directions are given for men to be recommended for promotion, those best qualified in all respects are selected, seniority of service being duly considered.
3. Police should not endeavour to obtain promotion by the intervention of private persons. Such requests seldom advance the object desired, but rather retard it, as evidencing a spirit to endeavour to secure selection by favour rather than by merit. Any officer who wishes for early advancement has frequent opportunities of attracting the notice of his superior by some action, evidencing zeal, ability, and judgment, by strict attention to duty, and constant cheerful readiness for any extra work, sobriety, a smart appearance, a respectful demeanour, and proof of influence for good with his comrades and the public.
Property in Possession of Police.—(See PRISONERS' PROPERTY.)
Prostitutes.-1. There is frequently considerable difficulty in dealing with prostitutes in the absence of any private complaint or express statutory provision regarding them. The latter is not unfrequently found in some local enactment. The exercise of great tact and patience in the matter is in any case necessary. Prostitutes cannot legally be taken into custody simply because they are prostitutes ; to justify their apprehension they must commit some distinct act which is an offence against the law.
2. Under the Vagrancy Act, 1824, s. 3, every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner, is deemed an idle and disorderly person, and liable to one month's imprisonment with hard labour.
3. Police should observe if prostitutes, especially foreign women, are attended or watched by a souteneur or bully with a view to proceedings under the Vagrancy Act, 1898. (See ROGUES AND VAGABONDS.)
4. Under the Metropolitan Police Act, 1839, every common prostitute, or night-walker, loitering, or being in any thoroughfare, or public place, for the purpose of prostitution or solicitation, to the annoyance of the inhabitants or passengers, is liable to a penalty of 40s.
5. Under the Town Police Clauses Act, 1847, every common prostitute or night-walker loitering and importuning passengers, for the purpose of prostitution, is subject to a similar fine, or fourteen days' imprisonment in default.
6. A constable may arrest, without warrant, any person whom he sees committing one of these offences. It is, however, necessary to prove that the woman is a common prostitute, and therefore the usual practice is that she should be cautioned the first time she is seen committing the offence, a note being made of the fact of the caution having been given.
7. The greatest care is necessary in dealing with prostitutes. Women arrested under the most compromising circumstances often stoutly protest their innocence, and any appearance of arbitrary action is rightly resented by the public. It is therefore essential for police to be quite sure of their facts—habitual frequentation night after night, passing and repassing, overt solicitation (especially of youths or elderly men), noisy or indecent behaviour—before arresting. Even although a gentleman accosted and complaining to the police may naturally refuse to charge the offender, he may possibly consent to give his name and address to the constable for the private information of the magistrate.
8. Police should carefully avoid being drawn into conversation with any prostitute, for unfounded charges and suspicions may easily arise therefrom. At the same time they should avoid bullying or unduly harassing these unfortunate persons if their conduct is orderly, and be acquainted with the address and way to any houses or shelters of refuge for them.
9. County and Borough Councils may make byelaws imposing a penalty upon every person who in any street or place to which the public have access commits or attempts to commit any act of indecency with any other person.
10. The police have no power to interfere with men and women talking together in the streets, so long as they behave themselves properly, and are not assembled together in such numbers as actually to cause obstruction in the thoroughfares; but if it is absolutely necessary to interfere, then it must be done civilly and firmly, without any offensive language or manners.
Protection Order.—(See HUSBAND AND WIFE.)
Provision of Necessaries—1. Every person who takes charge of another, or under whose care another may actually be, is under a legal duty to provide for him or her the necessaries of life, and is criminally responsible for the neglect of that duty, if the person to whom it is owing is, from age, health, insanity, or other cause, unable to withdraw himself from the control of the person from whom it is due.
2. If a person delegates the discharge of this duty to another and furnishes the means, it is the legal duty of the latter to provide the necessaries of life, and of the former to use ordinary care that the duty delegated is properly performed.
Public Occasions.—On all public occasions care must be taken not to interfere with the enjoyment of the people by imposing any unnecessary regulations, or any absence of good temper on the part of the police, and the traffic should always be left open as long as possible.
Public and Beer Houses.—(See INTOXICATING LIQUOR.)
Pursuit of Offenders.-1. Rapidity of action is the great essential in the pursuit of offenders. It is absolutely necessary to use every effort to get in advance of the person whose arrest is sought, and to head him back by train, motor car, ship, or tramway. To this end it has to be considered in what direction the delinquent has escaped, or is likely to fly, and by what means he will seek to conceal the course taken. Every probable or possible route should be blocked as far as possible, and every artifice may be resorted to in the pursuit. A police officer should carefully think what he would do in the place of the criminal to avoid capture, and take measures to circumvent every possible step. (See BURGLARY.)
2. If a photograph and the handwriting of the culprit can be obtained, they may be engraved and reproduced, and distributed in such quantities, with the offer of a suitable reward, as will ensure active attention.
3. Telegrams, cable and telephone messages, followed and confirmed by letters, accompanied by photographs, and full particulars as to appearance, dress, companions, luggage, &c., should be despatched to all likely places of flight and passage.
Questioning.-1. When once the mind of an officer is made up to arrest a suspect, no question should be put to him relating to the crime. If the officer is uncertain as to the identity of the person, i.e., as to whether he is the person whose arrest is desired, he may question him as to his identity, but not otherwise.
2. An occasional exception to this rule may arise, as e.g., when about to arrest a man without a warrant, and the answer to a particular question may operate in his interest by removing some doubt as to his guilt and so make it unnecessary to arrest him. But great care and discretion are necessary in such cases, to avoid any suggestion of an endeavour to extract an admission from him, and he should be cautioned before the question is put, that he need not answer, and that if he does his answer may be used as evidence against him.
3. Needless to say, when once the person is in custody, the rule as to not questioning him applies, if anything, more strongly, and has been repeatedly emphasised by the Courts. (See LORD BRAMPTON'S ADDRESS.) If in any exceptional case it should become absolutely necessary for some urgent reason to put a question to a prisoner he should, of course, be cautioned.
Railways. —1. Acts of wilful and malicious injury to railways, trains, &c., are felonies under the Malicious Damage Act, 1861. (See DAMAGE TO PROPERTY.)
2. Unlawfully and maliciously putting anything across a railway, or removing rails, sleepers, &c., or altering points or signals, or throwing anything at a train, or doing any act, with intent to endanger any person travelling on such railway or train, are felonies by the Offences against the Person Act, 1861, ss. 32, 33.
3. If a passenger, having failed either to produce, and, if requested, to deliver up a ticket showing that his fare is paid, or to pay his fare, refuses, on request of an officer or servant of a railway company, to give his name and address, they or any constable may detain him until he can be brought before a justice. (The Regulation of Railways Act, 1889, s. 5 (2).)
4. Police should not, as a rule, take action in connection with cases of illness on the premises of railway companies unless of serious urgency.
5. Police travelling by railway on duty are conveyed at special rates on production of their authority.
Rape.—(See WOMEN AND GIRLS, OFFENCES AGAINST.)
Receipts.—The forgery of any receipt for money or for goods is a felony. (Forgery Act, 1861, s. 23.) (See FORGERY.)
Receiving Stolen Goods.-1. A person is said to receive stolen goods as soon as he obtains control over them from the person who delivers them.
2. If goods are received by a wife or servant, in the absence of the husband or master, the latter does not become a receiver unless he does any act approving of the receipt of the goods which he knows to have been unlawfully obtained.
3. Knowingly receiving any property whatsoever, the stealing, taking, embezzling, extorting, or otherwise disposing whereof is a felony, is itself a felony. (Larceny Act, 1861, s. 91.)
4. Knowingly receiving any property so obtained, converted, or disposed of, as to amount to a misdemeanor, is itself a misdemeanor (s. 95).
5. If any person, without lawful excuse, receives, or has in his possession, any property stolen, extorted, embezzled, or otherwise fraudulently obtained outside the United Kingdom, knowing it to have been so obtained, he may be proceeded against in any county or place in which he has or has had the property, and sent to penal servitude for seven years. (Larceny Act, 1896.)
6. As to proving previous convictions against receivers, see PREVIOUS CONVICTIONS, par. 6 (a).
Recognizances.-1. A recognisance is an obligation acknowledged in due form (see BAIL) to do a certain thing therein named.
2. If the condition of a recognisance entered into either by a party, or his bail, is broken, the recognisance is forfeited, and on its being estreated, the parties become debtors to the Crown for the sums in which they are respectively bound.
Reformatories.-1. Where a youthful offender, apparently over twelve and under sixteen years of age, is convicted, whether on indictment or summarily, of an offence punishable with penal servitude or imprisonment, the Court may order him to be sent to a certified reformatory school for a period of not less than three and not more than five years. (Children Act, 1908, s. 57.)
2. If he escapes from the reformatory he may be arrested, and his period of detention may be increased by six months, or, if over sixteen at the time, he may be sent to prison for three months. If he is guilty of a serious breach of rules he may be similarly punished.
3. Every person who knowingly assists, directly or indirectly, an offender to escape from a reformatory school, or induces him to escape, or knowingly harbours, conceals, or prevents any offender who has escaped from returning to school, or assists him in so doing, is liable to a fine, or to imprisonment with hard labour (s. 72).
4. After eighteen months' detention, or earlier with the consent of the Home Secretary, the managers of the reformatory may let the youthful offender out on licence to live with some trustworthy and respectable person.
5. Parents or persons legally liable may be ordered to contribute towards the maintenance of young persons committed to reformatory schools, and, when so ordered are required to notify any change of address to the inspector of reformatory and industrial schools (s. 75). (See INDUSTRIAL SCHOOLS ; YOUTHFUL OFFENDERS.)
Refreshment Houses.-1. No person can open a house for public refreshment, resort, and entertainment, between ten in the evening and five in the morning, without an Excise licence. (Refreshment Houses Act, 1860, and Revenue (No. 1) Act, 1864.)
2. Licensed refreshment house keepers opening or keeping open a refreshment house, or selling, or exposing for sale, in such house, any refreshment or any article whatever, after the time at which premises licensed for the sale of intoxicating liquors by retail in the same place as such refreshment houses are required to be closed or before 4 a.m., are liable to a penalty. (Public House Closing Act, 1864, s. 5, and Licensing Act, 1874, s. 11.)
3. Every person licensed to keep a refreshment house, knowingly suffering any unlawful games or gaming therein, or allowing prostitutes, thieves, or drunken or disorderly persons to Assemble or continue in or upon his premises, is liable to a penalty. (Refreshment Houses Act, 1860, s. 32.)
4. Intoxicating liquor must not be consumed upon premises licensed as a refreshment house, but not for the sale of any intoxicating liquor, during the hours during which the same premises would, if they were the premises of a licensed victualler, be required to be closed. A licensed refreshment house keeper who allows any intoxicating liquor to be so consumed is liable to a penalty. (Licensing Act, 1872, s. 27.) (See INTOXICATING LIQUOR.)
Registers.—Every person commits felony who in any way whatsoever tampers with any register of births, baptisms, marriages, deaths, or burials authorised or required by law for the time being to be kept. (Forgery Act, 1861, s. 36.)
Registration of Births and Deaths.-1. It is the duty of the father and mother of a child born alive, and, in default of them, of the occupier of the house, of each person present at the birth, and of the person having charge of the child, to register its birth within forty-two days.
2. A person finding a living new-born child exposed is bound to give all possible information to the Registrar within seven days.
3. It is similarly the duty of the relative of a person dying in any house, the persons present at the death, the occupier of the house, or of the person causing the deceased to be buried to register the death within five days, and likewise of the person finding the body elsewhere than in a house, and therefore of police finding the dead body of an unknown person unless an inquest is held thereon. (Births and Deaths Registration Act, 1874.)
Regulating Traffic.—(See CARRIAGES; TRAFFIC.)
Regulations.—In the same way that every man is bound to know the law, every police officer of whatever grade is bound to know all the regulations of the service to which he belongs, and if he infringes or deviates from them without reasonable cause, must take the consequences.
Remands.-1. A Justice may remand a prisoner who appears before him from time to time in custody or on bail. If the prisoner is charged with an indictable offence, the remand must not be for longer than eight clear days at a time. (See BAIL.)
2. Whenever it is intended to institute inquiry in London, with respect to the antecedents of prisoners, within constabulary districts, such a remand should be invariably applied for as will leave at least five clear days for the inquiry in the Metropolitan Police District ; that being the very shortest period in which it can be properly done. (See CORRESPONDENCE.)
3. A child or young person, who is remanded and not bailed, must, instead of being sent to prison, be committed to a "place of detention" or "remand home" provided by the Local Authority. (Children Act, 1908, s. 97.) (See YOUTHFUL OFFENDERS.)
Reports.—Every report should be legibly written on one side of the paper only, and arranged in numbered paragraphs, leaving a quarter margin on the left. If the subject is in anyway involved, the matter should be arranged under sub-headings. Full particulars should be given, without, however, going into excessive detail. Slang terms must not be used. Statements should be shown by "inverted commas," the pages numbered, and the report must be signed by the officer by whom it is made, attaching the rank he holds and the division in which he is serving to his signature, and be submitted through the proper channel, that is the immediate superior.
Requests to Apprehend.-1. The arrest of persons wanted by other police forces, on charges of felony, may be effected, if there is no doubt as to their identity, without warrant, the prisoner being detained until an officer from the other jurisdiction, summoned by telegraph, arrives to conduct him thereto—such officer being invariably despatched by the first train, and the hour of his arrival being telegraphed or telephoned.
2. In requesting search for a person whose apprehension is sought, the fullest information must be given, and nothing omitted which may serve to identify the delinquent. If a warrant has been issued, the fact must be stated ; and if the accused is likely to be found, the warrant should be transmitted, accompanied by a declaration as to the signature of the issuing Justice, under the Summary Jurisdiction Act, 1879, s. 41, rule 45. The telegraph or telephone should only be resorted to in urgent cases, and a message by either means should be always confirmed by letter.
Rescue from Custody.—Everyone commits high treason, felony, or misdemeanor, who rescues a prisoner in lawful custody on such a charge. (See ESCAPE.)
Reserves.—In many police forces there is a reserve of inspectors, sergeants and constables who are selected for ability, smartness and good conduct, and receive additional pay.
2. Special duties in connection with public meetings, processions, &c., are performed as far as possible by the reserve.
3. When not so employed the reserve perform ordinary duty in supplying the places of men who are sick or absent from any cause.
4. On special occasions police reserves should be kept available to be instantly drawn upon; but should be kept out of sight as far as possible if not required.
Resignation.-1. No police officer can withdraw himself from his duties without giving proper notice in writing, or under special circumstances.
2. When an officer leaves the service either on resignation or dismissal, all articles of appointment must be delivered up to the superintendent in proper repair, any pay due being retained to make good the deficiency. (See ABSCONDING FROM DUTY.)
3. Police officers above the rank of inspector must retire at sixty-five years of age, except that in a special case the servicemay be extended for a further period not exceeding five years. (Police Superannuation Act, 1906.)
Resisting Police.-1. Everyone is guilty of a misdemeanor who assaults, resists, or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of such officer. The offence is also punishable on summary conviction under the Prevention of Crimes Act, 1871, and the Police Acts.
2. A person who obstructs, or in any way interferes with, or knowingly prevents the execution of any process, by giving information or otherwise, is guilty of a misdemeanor. (See ASSAULTS (6).)
Reward Bills.-1. No bill offering a reward should be distributed by police, or by their authority, unless it distinctly states—
2. No reward can be offered in a criminal case for the recovery of stolen property, unattended by the apprehension and conviction of the guilty party, but a reward may be offered for private information leading to the conviction.
(a) The amount of the reward. (b) The precise conditions on which it will be paid. (c) The name and address of the person responsible for the payment, and the printer of the bill.
3. Rewards are only very exceptionally offered by His Majesty's Government, in cases of especial gravity, involving murder, attempted murder, or a wholesale destruction of property by incendiarism, and when the identity of the criminal is clear. The offer may be accompanied by an assurance of a recommendation for the King's most gracious pardon of any accomplice, not being the actual perpetrator of the crime, and such pardon may be also offered without a reward if the Home Secretary is applied to.
4. Police should never offer a reward, or have reward bills drawn up, without the written authority of the person who undertakes to be responsible for the payment of the amount. (See APPENDIX (C).)
Rewards for Exertions in Assisting Justice.—Courts of Assize or the Central Criminal Court may order compensation from public funds to those who have been active or courageous n the apprehension of persons guilty of felonies.
Rewards to Police.-1. When police distinguish themselves by special zeal, ability, or courage, they may be commended or granted a pecuniary reward. (See MEDALS.)
2. The Court of General or Quarter Sessions for any county, and the Watch Committee, subject to the approbation of the Council for any borough, may, upon the recommendation of the Chief Constable of any county police force, or of the Superintendent of the police for the borough, grant to any constable in the county or borough out of the police rate or borough fund, a gratuity in money in respect of and as a reward for any meritorious act done by the constable in the execution of his duty. (County and Borough Police Act, 1859, s. 24 ; POLICE ACT, 1890.)
Riot.-1. A riot is an unlawful assembly (consisting of three or more persons), which has actually begun to execute the purpose for which it assembled, by a breach of the peace, and to the terror of the public.
2. Every person convicted of riot is guilty of a misdemeanor. (See UNLAWFUL ASSEMBLY.)
Riot Act.-1. Whenever twelve persons or more are unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, it is the duty of the Justices of the Peace, or of the Mayor, Bailiffs, or other head officers of a city or town corporate, to make, or cause to be made, a proclamation in these words, or like in effect (Riot Act, 1714):—"Our Sovereign Lord the King chargeth and commandeth all persons being assembled immediately to disperse themselves and peacefully depart to their habitations, or to their lawful business, upon the pains contained in the Act made in the first year of King George for preventing tumultuous and riotous assemblies. God save the King."Police in troubled times will do well to transcribe this formula on a card, and have it in their pocket-books ready for use by a Magistrate if the necessity arises.
2. All persons commit felony who-
3. Before the riot becomes acute it will be desirable to ascertain who are the leaders, and take note of their names, addresses, and actions in the event of subsequent proceedings being taken.
(a) Wilfully and knowingly oppose, obstruct, let, hinder, or hurt any person who begins to make or goes to make the said proclamation, whereby such proclamation is not made; (b) Who, remain or continue together unlawfully, riotously and tumultuously for one hour after the proclaimation aforesaid was made ; or if they know that its making was hindered, for one hour after it would have been made if it had not been hindered.
Riot (Damages).-1. By the Act of 1886, where a house, shop or building has been injured or destroyed, or the property has been injured, stolen or destroyed, by any persons riotously and tumultuously assembled together, compensation may be paid out of the police rate of the district to the person who has sustained the loss.
2. The Act does not apply to cases of malicious damage short of an actual riot at Common Law. The five necessary element of a riot are, (1) number of persons, three at least ; (2) common purpose ; (3) execution or inception of the common purpose ; (4) an intent to help one another, by force if necessary, against any person who may oppose them in the execution of their common purpose ; (5) force or violence not merely used in demolishing, but displayed in such a manner as to alarm at least one person of reasonable firmness and courage.
3. Claims for compensation should be made to the police authority of the district within fourteen days, and should also be in accordance as to manner and conditions with the regulations made by the Secretary of State.
Riotous Demolition of Houses, &c.—The riotous demolition of buildings or machinery is a felony. (See DAMAGE TO PROPERTY (3).)
Robbery.—Robbery is the offence of stealing from the body, or in the immediate presence of the person from whom the thing is taken, by actual violence intentionally used to overcome or prevent his resistance, or by threats of injury to his person, property, or reputation. (See LARCENY.)
Rogues and Vagabonds.-1. Any person may be treated as a rogue and vagabond who commits any of the following offences, viz. :—
2. Any person committing an offence which makes him an idle and disorderly person after being previously convicted as an idle and disorderly person is a rogue and vagabond.
(a) Pretends or professes to tell fortunes, or uses any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose on any of His Majesty's subjects. (b) Wanders abroad, and lodges in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or wagon, not having any visible means of subsistence, and not giving a good account of himself. (c) Wilfully exposes to view in any street, road, highway, or public place, or in the window, or other part of any shop or other building situate therein, any obscene print, picture, or other indecent exhibition. (d) Wilfully, openly, lewdly, and obscenely exposes his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female. (e) Wanders abroad and endeavours, by the exposure of wounds or deformities, to obtain or gather alms. (f) Goes about as a gatherer or collector of alms, or endeavours to procure charitable contributions of any nature or kind under any false or fraudulent pretence. (g) Runs away and leaves his wife, and his or her child or children chargeable, or whereby she or they or any of them become chargeable to any parish, township, or place. (h) Has in his custody or possession any picklock key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling-house, warehouse, coach-house, stable, or out-building. (i) Is armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or has upon him any instrument with intent to commit any felonious act. (j) Is found in or upon any dwelling-house, warehouse, coach-house, stable, or outhouse, or in any enclosed yard, garden or area, for any unlawful purpose. (k) Is a suspected person or reputed thief frequenting or loitering about any river, canal, or navigable stream, dock or basin, or any quay, wharf, or warehouse, or any avenue leading thereto, or any street, or any highway, or any place adjacent to a street or highway, with intent to commit felony. (Vagrancy Act, 1824, S. 4.) (See SUSPECTED PERSONS.) (l) Is a male person living wholly or in part on the earnings of prostitutes, or who being proved to live with, or to be habitually in the company of a prostitute, has no visible means of subsistence, or who in any public place persistently solicits or importunes for immoral purposes. (Vagrancy Act, 1898.) (See PROSTITUTES.)
3. Any person may arrest without warrant any person found offending as above and take him before a Magistrate or deliver him to a constable. (See IDLE AND DISORDERLY PERSONS ; INCORRIGIBLE ROGUES ; VAGRANCY.)
Royal Arms.—The use of the Royal Arms without authority of a member of the Royal Family or of a Government Department, in connection with any trade or calling, entails liability to a penalty of £20. (Patents and Designs Act, 1907, s. 90.)
Royal Standard.—1. The Royal Standard is the personal flag of the Sovereign, and cannot properly be used without the permission of His Majesty. Such permission is only granted where the King or the Queen is present in person.
2. In any case coming under the notice of police where the Royal Standard has been, or is being, improperly flown, the responsible person should be so informed, and asked to discontinue its use. Any case of refusal or delay to comply with the request should be reported.
Sacrilege.—Everyone commits felony who breaks and enters any church, chapel, meeting-house, or other place of Divine worship, and commits any felony therein, or who having committed any felony therein, breaks out. (Larceny Act, 1861, S. 50.) (See BURGLARY ; HOUSEBREAKING.)
Saluting.-1. Police officers of all ranks should salute all members of the Royal Family, the Home Secretary, and their own principal officers, whenever they address or pass them, whether in uniform or plain clothes, except in procession.
2. All Inspectors, Sergeants, and Constables salute a Superintendent on passing, either in uniform or plain clothes.
3. Sergeants and Constables salute an Inspector in uniform.
4. The salute should be invariably acknowledged.
5. Police in plain clothes should not salute in military fashion, which is only to be done when the helmet or forage cap is on the head, but take off their hats as in civil life, if necessary, and if doing so will not betray their police character, for although not on duty they may render good service.
6. Police engaged in actual detective work must on no account recognise a superior or other police officer, if there be the smallest possibility of their being thereby themselves identified.
7. Police marching in a body do not salute, but the word "Eyes right" or "left" is given by the Inspector or Sergeant in charge, on passing a member of the Royal Family or a Chief Constable, Superintendent, or Inspector.
8. Police on duty on any special occasion, when His Majesty the King, a foreign Sovereign, or any member of the Royal Family, or any Minister of State is present, do not salute when the personage passes, but stand at attention and keep a sharp look-out that advantage is not taken of the opportunity to pick pockets, break the ranks, commit an anarchist outrage, or approach the Royal Carriage. They may frequently do this with greater advantage by facing the crowd and watching it closely, instead of turning their backs to it.
Sea, Crimes Committed at.-1. Any person who commits an indictable offence on a British ship on the high seas may be charged when found in this country.
2. In cases of crimes committed on foreign vessels on the high seas, when the vessel comes into a British port, and the extradition of the criminal is sought, the stipendiary magistrate (or in Scotland the sheriff or sheriff-substitute) having jurisdiction in or in the place nearest to, the port, may exercise the powers which in other cases are exercised by the chief magistrate at Bow Street. He may hear the case with the same powers as the chief magistrate, and may commit the prisoner for extradition. His warrant, however, is not effective without endorsement beyond his ordinary jurisdiction. (See EXTRADITION, &c.)
Searching a Prisoner.-1. A prisoner apprehended for homicide or any offence involving fraud or dishonesty, should be searched as soon as practicable after he or she is charged ; and all weapons, valuable property, documents, books, or memoranda taken from him or her, carefully labelled and accurately described in the charge sheet, to be used as evidence if occasion requires, great care being taken both on the way to the station and at the station, that by no artifice, he or she succeeds in destroying, tearing, swallowing, or hiding about the person per anum aut per vaginam anything whatsoever bearing on his or her offence. Money not connected with the offence charged should not be taken from a prisoner.
2. The prisoner's house, lodgings, and effects should also be searched with the same object, and by two officers if possible.
3. Any knives, or any articles whereby self-injury might be inflicted, should be invariably taken from persons in custody for drunkenness.
4. The clothes and boots of a prisoner apprehended for murder should be at once replaced by others, that they may be examined for traces of blood. The clothes should be immediately wrapped up in clean paper and sealed, and be delivered to the surgeon by the constable who removed them from the prisoner and who sealed the packet.
5. Women must be employed to search female prisoners.
Search Warrants.—Search warrants can only be obtained under the provisions of a particular statute, or upon the oath of a credible witness that there is reasonable cause for suspecting that property stolen or unlawfully obtained is concealed in some place within the jurisdiction of the magistrate to whom the application is made. (See WARRANTS.)
Secrecy.—The first duty of a police officer is to maintain absolutely secret (except from his superiors) all information he becomes possessed of, in his official capacity. Gossiping, even without any such intention, may wholly defeat the ends of justice, and cause the greatest mischief.
Seduction.—Unlawful intercourse, procured by threats, false pretences, or the administration of drugs, is criminal. (See WOMEN AND GIRLS, OFFENCES AGAINST.) There is also a remedy by civil action for damages for the loss sustained by the father in the service of his daughter.
Self Defence.—Proficiency in the art of self defence gives the individual policeman confidence in facing the odds he has often to meet single-handed in the execution of his duties, and in restraining the violence of a prisoner.
The ten principal holds in Jiu-Jitsu are demonstrated to recruits for the Metropolitan Police prior to their entering the Force.
Separation Order. -(See HUSBAND AND WIFE.)
Sergeants.—A Sergeant should report every case of misconduct on the part of constables to the Superintendent or Inspector at the earliest opportunity.
He should not become familiar with constables, but instruct them kindly in the duties they have to perform, and so conduct himself as to secure the respect of those over whom he is placed, having no dealings or money transactions of any kind with them.
Servants.-1. Police should notice and report to their Inspector irregularities of servants in improperly admitting persons to or letting them out of their masters' houses at unreasonable hours, especially when families are out of town, and the houses are left in charge of the servants.
2. Police in towns should notice persons going about at an early hour in the morning collecting bottles, &c., from servants. The bottles so sold are frequently the property of the master, and an opportunity is thus afforded for committing felony and enabling servants to dispose of other property of their masters. Constables must act as circumstances appear to require, either in apprehending, or cautioning the persons in question.
3. When inquiring into burglaries and other offences, police must be careful not to accept in the absence of sufficient grounds the theories which are frequently thrust upon them of complicity of some of the servants with the thieves.
4. If there is any cause whatever to suspect that a larceny has been effected by any person in a house, and even in cases where there is no evidence to point to the thief, and if it is desirable to establish whether any one in the house was concerned, the best course will be for the entire household to be summoned, to be questioned separately as to their movements, and then, before any one is allowed to go into any other part of the house, for the master to state that, in order to free the servants and all others (including relatives and guests) in the house from suspicion, he suggests that they should all allow their things to be searched without delay. A systematic search of the house will often result in the discovery that the missing property was mislaid ; or will establish that the thief must be sought outside.
5. It must be remembered that stolen articles, and especially jewellery or money, may be secreted between mattresses, in writing-cases, work-boxes, and baskets, between the leaves of books, behind pictures, the folds of clothes and linen, underneath table-covers, in boots and shoes, and also in water-closets.†
6. Police cannot search a servant's boxes without his or her consent, which should be usually obtained by the master or mistress.
7. Thefts are sometimes committed by acquaintances admitted to the house by servants, who should therefore be interrogated carefully as to who has visited them recently.
8. A police officer, in making inquiry into the antecedents of servants, must take care that it is done in such a manner as neither to injure their present position nor their future prospects. Above all, accusations must not be made without ample grounds, especially to ladies, or expression given to individual suspicion, remembering that the character of servants is their capital asset.†Remember also that a thief may keep a stolen article for some time before attempting to dispose of it. Inquiry may therefore be renewed after three or four months' delay.
Sessions, Assizes, or Central Criminal Court Sittings.-1. On arrival at the Court, the Inspector or Sergeant, if there be one concerned in the case, and if not, the constable who has charge of the case, must find the prosecutor and witnesses, and keep them together to go to the Clerk of Indictments ; and after the Bill of Indictment is prepared, all the witnesses should be kept in readiness to go before the Grand Jury. Should the prosecutor or a witness be absent before the bill is found, the Inspector, Sergeant, or constable in charge of the case, must inform the Clerk of Arraigns or Clerk of the Peace accordingly, that the bill may not be ignored by the grand jury from the absence of the prosecutor or witness.
2. After a true bill has been found, the police in charge of the case must keep the prosecutor and witnesses together to appear in the Court at any moment the case may be called on, and the police must not leave without permission from the proper officer of the Court, and the other witnesses should, as far as possible, be prevented from doing so.
3. The list of cases for trial posted in the Court must be frequently referred to for information, but the police and other witnesses should bear in mind that cases are sometimes called on out of their order on the list for trial.
4. Should any witness be absent when the case is called on for trial, the police must inform the Judge or Chairman of such absence through the clerk of the Court ; and all witnesses should be reminded that the Court will refuse the expenses of any person improperly absent.
5. The whole of the property and duplicates of property in pawn taken from the person or lodgings of a prisoner, or found anywhere, if believed to have been in the possession of the prisoner or to relate to any charge against him, should be taken to the Court, and kept in readiness to be produced before the Court as soon as the case comes on ; and if in parcels, they should be opened to prevent delay. If property is of such bulk or weight that it cannot be brought, explanation must be given to the Court.
6. The police must not drink with, or provide or pay for or in any way interfere with providing refreshment for witnesses, unless in any special case by express authority.
7. No police officer should recommend a prosecutor to employ legal aid in any case, or interfere in any way with procuring legal aid, either for a prosecutor or a prisoner.
8. All property in the hands of the police which belonged to a person convicted, must be delivered up immediately to the Superintendent of the division.
9. If any question is raised, during or after a trial, as to whom any property in the hands of the police should be given up, application should be made by the police concerned to the Judge to make an order, respecting the disposal of such property. If such order is not made, a full report of the circumstances, with the name of any person claiming the property, should be made. (See PRISONERS' PROPERTY.)
10. At the conclusion of a trial the police who were engaged in the case, should go immediately to the office of the Clerk of Arraigns or County Treasurer with the witnesses so that they may obtain their expenses.
11. The whole of the police attending Sessions as prosecutors, witnesses, or any other duty should appear in proper uniform, except those allowed to wear plain clothes.
Sheep Stealing.—Everyone who steals any ram, ewe, sheep or lamb, or wilfully kills any such animal, with intent to steal the carcase, skin, or any part thereof, is guilty of felony. (Larceny Act, 1861, ss. 10 and 11.)
Ships.—Any person unlawfully or maliciously setting fire to, casting away, or in anywise destroying a ship or vessel, or attempting to do so, is guilty of felony. (See DAMAGE TO PROPERTY ; WRECKING.)
Shooting.—Everyone is guilty of a felony who, with intent to maim, disfigure, or disable any person, or to do some other grievous bodily harm, or to prevent any lawful apprehension or detention, shoots at any person, or by actually drawing a trigger, or in any other manner, attempts to discharge at any person any kind of loaded arms. (Offences against the Person Act, 1861, s. 18.)
Shutters.—Outside shutters insecurely fastened must be noticed by the police on night duty and duly marked.
Simple Larceny.—Simple larceny is theft without any circumstances of aggravation. (See LARCENY ; ROBBERY.)
Slander.—Slander is not an offence within the operation of the criminal law, unless the words are calculated, both in themselves and in their use, to provoke an immediate breach of the peace. (See ABUSIVE LANGUAGE ; LIBEL.)
Slang Terms.—Slang terms must never be used by police in any official matter, whether in reports or letters, in addressing a superior, or any person, including a prisoner, and above all they must not be used in giving evidence.
Slides in the Streets.—Every person who makes or uses any slide upon ice or snow in any street or other thoroughfare, to the common danger, is liable to a penalty, and may be summoned ; or if not known, and the offence is committed within sight of a constable, apprehended. (POLICE ACTS.)
Smuggling.-1. Every person concerned in importing or unshipping goods liable to duty for which duty has not been paid or secured ; knowingly harbouring or possessing the same ; or concerned in any fraudulent evasion, or attempt at evasion, of the duties, laws, or restrictions upon the import of goods, is liable to a penalty, and treble value of the goods. (Customs Consolidation Act, 1876, s. 186.) (See CONTRABAND.)
2. As a general rule, the following regulations made by His Majesty's Customs should be observed in cases of small seizures of dutiable goods, whether from passengers or other persons :-
3. Everyone is guilty of a misdemeanor who assaults, resists, or obstructs any person duly employed for the prevention of smuggling in the execution of his duty, or in seizing any goods liable to forfeiture under the Customs Acts, or aids, abets, or assists therein.
(a) In the case of a seizure of tobacco or cigars on the person or being carried by the offender, and not exceeding 8 ozs., the goods should be retained as a seizure, but no proceedings taken. (b) In the case of a seizure of tobacco or cigars elsewhere than on the person or being carried, not exceeding 14 ozs., or in the case of a seizure of any other dutiable goods, the duty on which does not exceed 2s. 6d., the goods should be retained as a seizure, but no proceedings taken. (c) In the case of a seizure of tobacco or cigars exceeding 8 ozs. if made on the person or being carried, and exceeding 14 ozs. if made elsewhere, but not exceeding 6 lbs., and in the case of a seizure of other dutiable goods, the duty on which does not exceed 20s., the offenders should be offered the option of being prosecuted before the Magistrates, or of depositing a sum equal to treble the value of, and duty on, the goods seized, to abide the decision of the Board of Customs, a request to that effect, signed by the applicant, being made, and a receipt given. In other cases the offender should be charged before a Magistrate.
Sodomy.-1. Everyone who carnally knows any man or animal commits sodomy, and is guilty of felony. (Offences against the Person Act, 1861, s. 61.)
2. Every male person is guilty of misdemeanor who commits any assault with intent to commit sodomy. The police cannot compel persons to submit themselves for medical examination. (See INDECENCY WITH MALES.)
Soldiers.-1. Police should constantly endeavour to maintain the most friendly feeling with soldiers of the army and territorial forces, and with sailors of the Royal, Colonial or any Foreign Navy, quartered or stationed in any particular place.
2. The police must not enter into conversation with soldiers while on sentry, unless their duty makes it necessary to do so.
3. If a sentry on his post charges a person with committing an offence, such person should be taken to the police station and detained there until the soldier can attend to sign the charge sheet. Notice should be sent to the guard-room, as soon as possible, that the person is at the station, and that the sentry is to come there. (See DESERTERS ; UNIFORMS.)
Special Constables.-1. On the oath of any credible witness that any tumult, riot, or felony has taken place or may reasonably be apprehended, two or more Justices, if they consider that the ordinary peace officers are not sufficient for the preservation of peace and the protection of the inhabitants and the security of property, may appoint so many constables as they think fit, sending notice of what they, have done to the Home Secretary and the Lord Lieutenant.
2. Every special constable has, throughout the entire jurisdiction of the Justices appointing him, all such powers, authorities, advantages, and immunities, and is liable to all such duties and responsibilities, as any constable duly appointed. (Special Constables Act, 1831.)
Special Duties.—Police employed on detached special duty are still under the orders of their own officers, and subservient to all the regulations of the service, and they should not perform acts inconsistent with police functions.
Spitting.—Byelaws have been made by many Local Authorities whereby any person spitting upon the floor or side of a public carriage, wall, waiting room, or place of public entertainment, is liable to a fine of 40s., on account of the possible injury to health.
Stations.-1. Strict order, discipline, and cleanliness should be observed at police stations.
2. Irregularities, noises, or disturbances by prisoners or others within or in the neighbourhood of stations, must be checked as much as possible, so as to prevent annoyance to the inhabitants.
3. Persons coming in a proper manner to the door of a police station should be admitted by the constable without inquiry as to the nature of their business, if they state that they wish to see the Inspector or Sergeant on duty.
4. Persons not connected with the police service should not be permitted to remain at a police station longer than is absolutely necessary for completion of the business they come upon.
5. Any person guilty of any violent or indecent behaviour in any police office or station house is liable to a penalty.
Stolen Property.-1. Full descriptions of stolen property should be given to pawnbrokers and all persons to whom the articles are likely to be offered for sale. Especial prominence should be given to all articles having marks of identity, or which are not susceptible of being melted down or having their identity destroyed. (See RECEIVING STOLEN GOODS.)
2. In all cases where property of importance, either from its intrinsic value or as a means of tracing criminals, is stolen or lost, a sketch of the same should be obtained, if possible, for Informations and reward bills, and forwarded to the engraver with the full written description. (See REWARD BILLS ; PRINTED INFORMATIONS.)
3. Advertisements of stolen property, accompanied or not by engravings, may be usefully inserted in the Police Gazette.
Stone Throwing.-1. Every person who wantonly throws or discharges (from a catapult or otherwise) any stone or other missile in any street to the annoyance or danger of any person is liable to a penalty, and may be apprehended without warrant, if the act is committed within sight of a constable. (POLICE ACTS.)
2. Police on duty on bridges under which steamers or engines pass, must be particularly on the alert against attempts to drop stones into the funnels—a practice attended with the greatest danger, and demanding the strict enforcement of the law. (See RAILWAYS.)
Street Collections—By virtue of the Metropolitan Streets Act, 1903, the Commissioner of Police of the Metropolis, with the approval of the Home Secretary, has made the following Regulations with respect to the places where and the conditions under which persons may collect money in any street for charitable or other purposes :-
1. No collection shall be made in any part of the carriageway of any street ; nor shall any collection be made on the footway so as to cause any obstruction thereof or any annoyance to foot passengers.
2. Not more than two persons shall act as collectors at the same collecting place, and they shall occupy a stationary position on the footway.
3. No collecting place shall be within thirty yards from any other collecting place.
4. No boy under the age of fourteen years, and no girl under the age of sixteen years, shall act as a collector, except at the same place with, and under the charge of, an adult person.
5. No collector shall use a table for the purpose of any collection so as to cause actual or possible obstruction. No table used shall exceed thirty inches in length and twenty inches in width.
6. No collector shall use a box at the end of a pole intended to reach upper windows or the roofs of conveyances.
7. No collector shall be accompanied by any animal.
8. No collector shall importune any person to the annoyance of such person.
Any person wilfully disregarding or refusing to conform to these regulations, which operate within six miles of Charing Cross, is liable to a penalty of 40s.
Street Music.-1. Any householder within the Metropolitan Police District, personally, or by his servant, or by any police constable, may require any street musician or street singer to depart from the neighbourhood of the house of such householder, on account of the illness, or on account of the interruption of the ordinary occupations or pursuits, of any inmate of such house, or for other reasonable or sufficient cause, which reason, it has been ruled, should be stated ; and every person who sounds or plays upon any musical instrument, or sings in any thoroughfare or public place near any such house, after being so required to depart, is liable to fine or imprisonment. Offenders may be arrested by a constable, if charged by a private individual who will go to the station and enter into a recognisance to prosecute. (Metropolitan Police Act, 1864.)
2. County and Borough Councils may make byelaws prohibiting under a penalty the sounding or playing of any musical or noisy instrument, or singing or shouting within a prescribed distance of any dwelling-house, church or hospital, to the annoyance of any persons therein, and after request to cease such playing, singing, or shouting.
Stretchers.-1. A stretcher is a light portable bed for carrying the sick ; it is composed of a framework of poles, with canvas stretched between them as a mattress. In the Metropolitan Police District, ambulance litters, together with splints, strapping, &c., are kept at stations for use in the place of stretchers.
A variety of things will answer as substitutes for a stretcher—such as doors, window shutters, ladders, or hurdles.
2. To place a man on a stretcher with three bearers :-
3. Rules for carrying a stretcher :-
(a) The three men should fall in facing the feet of the injured man, and be numbered off from the right. (b) Put the foot of the stretcher at the man's head in a line continuous with his body. (c) Nos. 1 and 2, one at either side locking hands underneath the shoulders and hips, raise the patient, carry him forward over the stretcher, and then lower him on to it. (d) No. 3 takes charge of the injured portion (limb or head), and steadies it with a hand on either side of the wound. (e) Nos. 1 and 2 then take their places at the head and foot of stretcher, lift and carry off, while No. 3 walks at the side of the stretcher as a safeguard to the patient, and as a relief to No. 1 or 2 if necessary.
(a) Carry the stretcher in the hands, or suspend it by straps over the bearers' shoulders. (b) Never allow the stretcher to be placed on the shoulders. (c) Bearers to march in broken step, and not in time. (d) Avoid all jolting, crossing fences, ditches, &c. (e) The pace to be about 20 inches. (f) In ascending the patient's head to be in front, and in descending behind. (See AID TO INJURED.)
Strikes.— The duties of police in connection with strikes are to preserve order, prevent obstruction, breaches of the peace, intimidation, and damage to property. (See MEETINGS ; INTIMIDATION.)
Subpœnas.-1. A subpœna is a writ commanding attendance in Court, on a certain day therein named, under (sub) a penalty (pœna). In criminal cases, the subpœnas are usually either to give evidence, or to produce documents.
2. Subpœnas are either issued by the Crown Office, or the Clerk of the Peace of a county or sessional jurisdiction. The former have force throughout the United Kingdom, the latter within the jurisdiction of issue only. A Crown Office subpœna can only be obtained by the attendance of the party requiring it, or his solicitor, at the Crown Office. Metropolitan Police are, therefore, unable to obtain them for Provincial Forces.
Suicide.-1. A person who kills himself in a manner which in the case of another person would amount to murder is guilty of self-murder, and every person who aids and abets any person in so killing himself is an accessory before the fact, or a principal in the second degree in such murder.
2. Persons who attempt to commit suicide should be apprehended and charged with the misdemeanor, if that course is authorised. If at the time of apprehension any injury has been inflicted, medical aid should be obtained, or the person be conveyed to a hospital, according to the circumstances of the case.
3. If persons cannot be removed and charged, on medical grounds, they should be kept under the observation of police, as may be necessary to prevent their escape, and they should be charged when sufficiently recovered on a warrant obtained in the meantime. (See TREATMENT OF PERSONS RESCUED FROM DROWNING, HANGING, OR SUFFOCATION.)
4. Police must be on their guard against persons arrested attempting to commit suicide by opening a drawer containing a loaded pistol, or asking leave to take a dose of medicine (i.e., poison) or go to the lavatory.
Note.— In cases where the throat has been cut, the head should be supported, and the patient kept perfectly still, until the arrival of medical aid, the bleeding being stopped by all possible means. (See AID TO THE INJURED.)
Summary Jurisdiction.-1. A Court of Summary Jurisdiction consists of the Lord Mayor, or any Alderman of the City of London, or any Metropolitan Police Magistrate or any Stipendiary Magistrate sitting alone, or otherwise of two Justices. Every case must be heard, tried, determined, and adjudged in open Court.
2. The judicial power of Magistrates in England and Wales is mainly regulated by the Summary Jurisdiction Acts, 1848, 1879 and 1899. Courts of Summary Jurisdiction have two functions—(a) to hear and determine cases of offences punishable on summary conviction ; (b) to hold a preliminary examination into a case which will, if committed for trial, be tried on indictment at Assizes or Quarter Sessions.
Summonses.-1. A summons is a magisterial order to appear in Court, with reference to a matter named therein, at a given time.
2. Upon any information or complaint, not necessarily upon oath, to a Magistrate having jurisdiction within the place wherein any person is suspected to have committed any indictable offence or act contrary to law, and whereof a Court of Summary Jurisdiction can take cognisance, such Magistrate may, if he thinks fit, issue a summons against such person.
3. A summons must be served upon the person to whom it is directed by delivering the same to the party personally, or if he cannot be found, then by leaving the same with some person for him at his last or most usual place of abode, the constable who served it attending before the Court of Summary Jurisdiction to depose, if necessary, to such service.
4. If the person so served does not appear in obedience to the summons, a warrant may be issued for bringing him before the Court of Summary Jurisdiction to answer the charge in the information or complaint, and to be further dealt with according to law.
5. Whenever the facts of any alleged offence are open to any doubt, or the offence is not of a grave character involving imprisonment, or against a person not likely to abscond, who would be materially injured in his reputation or occupation by a process of arrest, a summons should be applied for, in preference to a warrant.
Suspected Persons.-1. The power to arrest given by the Vagrancy Act (see ROGUE AND VAGABOND) is often useful to police n dealing with suspected persons.
2. In addition, under the Larceny Act, 1861, the Malicious Damage Act, 1861, and the Offences against the Person Act, 1861, a constable is empowered to arrest without warrant any person whom he shall find lying or loitering in any highway, yard or other place during the night, and whom he shall have good cause to suspect of having committed or being about to commit any felony against any of those Acts. (See also FURNITURE REMOVING ; POACHING ; PREVENTION OF CRIME.)
3. An officer who has a suspected person under observation must use his discretion as to whether he will arrest him at once or wait till he does some act in pursuance of his unlawful purpose ; but he should never let him do anything which is likely to cause harm to persons or property.
4. Every person stopped as possibly conveying stolen property should be treated with the utmost civility, whatever his antecedents, and it should, if necessary, be explained that the exercise of this legal right by the police affords the surest protection for all honest citizens, and especially during the last hour of night duty and the first hour of the day duty-5 to 7 a.m.
5. Police on duty in the vicinity of Railway or Steamer Stations, especially stations in the suburbs of cities or towns, should keep careful observation with a view to detect any persons of suspicious appearance arriving by late trains or boats, or departing from stations early in the morning.
6. In some cases too great caution cannot be exercised as regards a person suspected of a larceny ; but in others the point will be much more satisfactorily settled by going at once to the individual, and asking, with befitting civility, if, as a proof that no suspicion can attach to him, he will allow his house or boxes to be searched. (See SEARCH WARRANTS.)
7. Accusations or imputations against the character of anyone must not be made by police, except in the furtherance of the law, and for the prevention of fraud. (See PREVENTION OF CRIMES ACT.)
Suspensions.-1. Police are usually suspended for absence without leave, insubordination, drunkenness, violence, allowing a prisoner to escape, or any gross neglect of duty, or disobedience of orders.
2. The Chief Constable of any county, or the Watch Committee of any borough, is empowered to suspend any constable, within their respective jurisdiction, whom they think remiss or negligent in the discharge of his duty.
Telegraph, Telegrams, and Telephones.† —1. The telegraph or telephone, if properly utilised, is of the utmost value in the detection of crime. If the arrest of a person is sought, of whom a good and recognisable description can be given, a multiple telegram should be sent to every adjacent force on the route he may possibly have taken, so as to block his escape as far as possible.
2. When serious burglaries occur in provincial districts, the fact should be notified by telegram to all the neighbouring towns. It is sometimes assumed that the thieves have betaken themselves to the capital, whereas the probability is quite as great of their seeking refuge in nearer and more unsuspected places. Nevertheless in England a telegram or telephone message should be sent to the Criminal Investigation Department as soon as possible, and a superior officer is always on duty at New Scotland Yard to take immediate steps, and to disseminate the information to all quarters of the Metropolitan and City Police Districts.
3. While telegrams and telephone messages may be brief, it is very important that they should be perfectly clear, and state distinctly who they are from and what is wanted, as ambiguity must necessarily lead to delay and confusion.
4. It is a misdemeanor to damage or attempt to damage in any way any electric telegraph. (See DAMAGE TO PROPERTY.)
5. Any Post Office servant disclosing or intercepting a telegraphic or telephonic message is guilty of a misdemeanor. (Telegraph Acts, 1863 to 1908.)†In telephoning the sender should at once declare his own identity instead of asking the receiver, "Who are you?"
Temper.—No police officer can properly discharge his duty without the most perfect command of temper. The necessity for this command of temper cannot be too strongly impressed upon the police, and particularly on young constables, who may be prone to consider invidious or idle remarks or abuse reflecting upon or addressed to themselves as an aggravation of an offence, and it may occur that in stating the particulars of a charge at the station, or in giving evidence in respect thereto when before the magistrate, such stress is laid upon the personal matter as might possibly lead to the impression that the latter was the actual offence committed. A constable must not be moved or excited by any language or threats, however insolent ; the cooler he keeps himself, the more power he will have over his assailant. Idle or silly remarks are unworthy of notice, and if the persons making them see that they have no effect upon the constable, they will soon desist.
Forbearance and moderation will always be understood and appreciated by the public, the magistrates, and police authorities. (See CIVILITY.)
Tenants, Damage by.—(See DAMAGE TO PROPERTY.)
Testimonials.—While the existence of a friendly feeling from the public towards the police is most desirable, the acceptance of a testimonial by any officer still serving in the locality is inconsistent with the varied duties of police officers in enforcing the law, for it puts them under an obligation towards the inhabitants of a district, or their friends. Nor is a constable about to retire, and lately retired, allowed to receive a testimonial.
Theatres.-1. Every person who for hire acts or presents, or causes, permits, or suffers to be acted or presented, any part of any stage play, in any place not being a patent theatre or duly licensed as a theatre, is liable to a penalty of £10 for every day on which he offends. (Theatres Act, 1843.)
2. In the inner districts of London and at places of royal residence, the Lord Chamberlain grants licences. In other places licences are granted by County and Borough Councils who may delegate the powers to the Justices in petty sessions.
3. The licensing authority makes rules for ensuring order and decency at theatres.
4. An excise licence to sell liquor in a theatre may be granted without a justices' licence under the Licensing Act.
5. Music Halls.—Music halls are licensed and regulated by the County Councils under the Local Government Act, 1888, the Public Health Acts Amendment Act, 1890, and local Acts.
6. Police on duty in and about theatres and music halls must take care that all emergency exits are kept clear of obstruction, that in case of fire they know where to send for help, that the gas is cut off at the main, and the street kept open. When a performance is over they should take care that cab and other touts do not block the main door. (See FIRES.)
Threats and Threatening Letters.-1. If a person threatens another with immediate personal violence, a constable may interfere and prevent a breach of the peace.
2. If immediate personal violence is not anticipated, the person threatened should be directed to apply to a magistrate for process, who can then issue a warrant or summons with a view to binding the offender over to keep the peace, by sureties or otherwise. In the meanwhile the person threatened should be afforded such protection as the case demands.
3. It is felony to demand any property with menaces or by force (Larceny Act, 1861, s. 45), and also to send or cause to be received, knowing the contents thereof, any letter or writing demanding property with menaces, and without any reasonable or probable cause (s. 44).
4. It is felony to threaten (either verbally or in writing) to accuse any person of the following crimes with a view to extort money or valuables :-
Any crime punishable with death or with seven years' penal servitude.
Infamous crimes (sodomy, &c.). (Larceny Act, ss. 46 and 47.)
Offences under these sections, the most dangerous forms of "blackmail," are regarded with great severity by the Courts of this country, and are punishable with penal servitude for life. The fact that the person threatened has in fact committed the crime of which he is accused in no way affects the guilt of the "blackmailer"; fear of exposure may cause an innocent person to submit to threats, but one who is conscious of guilt is much more likely to become a victim to a persecution which may last for years with impunity.
5. It is felony to induce a person to execute, indorse, &c., any valuable security, or to sign or seal any document for the purpose of its being used as a valuable security ; either by unlawful violence or restraint, or threats thereof, or by threats to accuse of crime as above defined (s. 48).
6. It is also felony to maliciously send or cause to be received, knowing the contents thereof, any letter or writing—
7. It is a misdemeanor to
(a) Threatening to kill any person. (Offences against the Person Act, 1861, s. 16.) (a) Threatening to burn or destroy any building, stack, agricultural produce or ship, or to kill or wound cattle. (Malicious Damage Act, 1861, s. 50.)
with intent either to extort money or valuables or to induce anyone to confer or procure for any person any appointment or office of profit or trust. (Libel Act, 1843, s. 3.)
(a) Publish or threaten to publish any libel upon another person ; or (a) Directly or indirectly threaten to print or publish, or propose to abstain from printing or publishing, or offer to prevent the printing or publishing of any matter concerning another person,
Ticket-of-Leave Men.—(See PREVENTION OF CRIMES ACT.)
Tolls.—Police in uniform are exempt from tolls.
Traction Engines.—(See LOCOMOTIVES.)
Traffic.-1. It is of the utmost importance that while the traffic is strictly regulated, and all persons obey the directions of the police without delay, the traffic be never closed until the last moment consistent with public safety, and be reopened as soon as possible. (See CARRIAGES ; PROCESSIONS.)
2. Obstruction. (See FOOTWAYS ; HIGHWAYS.)
3. Section 78 of the Highway Act, 1835, provides that the driver of any waggon, cart or other carriage, who does not keep the waggon, cart or carriage on the left or near side of the road ; or by negligence or misbehaviour prevents, hinders or interrupts the free passage of any waggon, cart or other carriage, or does not keep his waggon, cart or other carriage on the left or near side of the road for the purpose of allowing such passage, is liable to a penalty.
4. Police, and especially those employed on traffic points should signal, and in any other way induce the drivers of such vehicles to keep to the left or near side, to afford an uninterrupted passage to faster moving traffic. This duty should, however, be carried out with tact and discretion, regard being given to the locality, condition of the thoroughfare consequent upon rain, frost, &c., whether the road is on an incline, or other contingencies.
Tramways.—Any person who wilfully places any stones, dirt, wood or refuse, or other material on any part of a tramway, or who does, or causes to be done, any thing in such manner as to obstruct any carriage using a tramway, or knowingly aids or assists in the doing of any such thing, is liable to a penalty. (Tramways Act, 1870, s. 50.)
Travelling with a Prisoner.—1. Police conveying an unconvicted prisoner by rail to the jurisdiction within which the offence for which the apprehension has been effected was committed, should, while taking every precaution to prevent escape, not impose any avoidable indignity.
2. If the prisoner is a powerful man in custody for a crime of violence, or is of notorious antecedents, or disposed to give trouble, or if the journey is long, or through many tunnels, it will be better to handcuff him, but otherwise it will usually be sufficient for the officer to take the prisoner's arm while on the platforms, taking care when in the train that he does not succeed in escaping by some pretext, through an open window or door. It is always safer for a single officer to travel in a compartment having other male passengers, than by himself. (See HANDCUFFS.)
3. If by any accident a prisoner does escape, the officer in charge must immediately, and on his own responsibility, telephone and send telegrams to all surrounding places. (See ESCAPE OF PRISONERS.)
Treason-Felony.—Everyone is guilty of treason-felony who expresses any intention by an overt act, or by publishing any writing or printing—
(a) To depose the King, his Heirs or successors, from the style, honour, and royal name of the Imperial Crown of the United Kingdom, or of any other of His Majesty's dominions or countries ; or (b) To levy war against His Majesty, his Heirs or successors, within any part of the United Kingdom, in order by force or constraint to compel him to change his measures and counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both Houses or either House of Parliament ; or (c) To move or stir any foreigner with force to invade the United Kingdom or any other of His Majesty's dominions or countries under the obeisance of His Majesty, his Heirs and successors. (Treason Felony Act, 1848.) (see HIGH TREASON.)
Treasure Trove.—Money or coin, gold, silver, plate or bullion found hidden in the earth or other private place, the owner thereof being unknown, belong to the Crown, and everyone commits a misdemeanor who conceals the finding thereof, whether the offender found such treasure himself, or received it from a person who found it, but was ignorant of its nature; but the Lords Commissioners of His Majesty's Treasury pay, on behalf the Crown, the full bullion value, if the finding is properly notified.
Treatment of Persons Rescued from Drowning, Hanging, or Suffocation.—Prompt steps taken with a view to restoring animation to persons apparently drowned frequently meet with success. Medical aid should always be immediately summoned, but meanwhile police should use every effort to restore animation by following as far as possible the instructions given below, known as the Schafer Method, for restoring animation in the apparently drowned.
The treatment indicated should be persevered in until the arrival of a medical man or it becomes quite certain that death has taken place. Cases are recorded in which success has been obtained after many hours of persistent treatment ; it is therefore most desirable that police should not abandon their efforts until all hope of success is past.
1. Immediately after removal from the water, lay the patient face downwards with the arms extended and the face turned to-the side. Kneel astride or on one side of the patient.
2. Place the hands on the small of the patient's back, one on each side, with the thumbs parallel and nearly touching.
3. Bend forward with the arms straight so as to allow the weight of the operator's body to fall on the wrists and thus make a steady, firm, downward pressure on the lower part of the back (the loins). (This part of the operation should occupy the time necessary to count—slowly—one, two, three.)
4. Immediately after making the downward pressure, swing the body backwards so as to relax the pressure, but without lifting the hands from the patient's body. (This part of the operation should occupy the time necessary to count—slowly—one, two.)
5. Repeat the forward and backward movements (that is, the pressure and the relaxation of pressure) without any marked pause between the movements. The downward pressure forces the air out of the lungs and the relaxation of pressure causes the air to be drawn in again.
6. Continue the movements at the rate of about twelve per minute until natural respiration has recommenced.
7. When the natural respiration is fairly resumed, cease the artificial movements. Watch the patient closely, and, if natural respiration ceases, repeat the pressure and relaxation of pressure as before.
8. The movements of artificial respiration should be commenced the moment the patient is removed from the water, and no time should be wasted in removing or loosening clothing.
9. When natural respiration has commenced, the patient should be allowed to lie in a natural position on one side, and treatment for the promotion of warmth and circulation may be proceeded with.
10. The movements of artificial respiration are of the first consequence. If the operator is single-handed, he must attend to these alone until natural breathing is restored. If other assistance is at hand, warm wrung-out flannels, hot bottles, &c., may be applied between the thighs, and to the armpits and feet ; but the movements of artificial respiration must not be interfered with.
11. After natural breathing is restored, the wet clothing may be removed and a dry covering substituted. This must be done without disturbing the patient, who should be allowed to lie quiet and watched for at least an hour and encouraged to sleep.
12. The patient should not be allowed to go home until certified by the divisional surgeon or other medical man as fit to be removed.
13. Hanging and Suffocation.—Remove all constrictions from the neck and chest and employ Schafer method of restoring animation. Remove into fresh air if possible.
Trees.—Stealing, or damaging maliciously or with intent to steal, any tree, shrub or underwood to the value of £1 in a park, pleasure-ground, or orchard, or £5 elsewhere, is felony. Otherwise, provided the damage amounts to at least 1s., a justice can impose a penalty of £5. (Larceny Act, 1861, ss. 32, 33; Malicious Damage Act, 1861, ss. 20-22.) (See DAMAGE TO PROPERTY.)
Trespass.-1. Any person who commits any trespass by entering or being, in the day-time, upon any land, in search or pursuit of game, woodcocks, snipes, quails, land-rails, or rabbits is liable to a penalty. (See POACHING.)
2. Any such trespasser may be apprehended without warrant, and taken before a Justice within twelve hours, if, at the instance of any person having the right to kill game upon the land, or his agent, keeper, or servant, he refuses to quit, or give his correct Christian name, surname, and exact place of abode. (Game Act, 1831, s. 31.)
3. A person found in any enclosed yard, garden, or area for any unlawful purpose may be apprehended as a rogue and vagabond. (Vagrancy Act, 1824, s. 4.)
4. A mere entry upon the land of another not in search of game, &c., is not a criminal offence, but one for which an action for trespass will lie and damages may be claimed, but refusal to leave on request may constitute conduct tending to provoke a breach of the peace. (See ANNOYANCE.)
5. Although the police should not apprehend, or unnecessarily interfere with any person, unless some specific act has been committed by which the law has been broken, there are some exceptional occasions on which the police may aid others in the assertion of their civil rights. If a police constable or other officer is requested by a householder to aid in turning out a person improperly there, although in law that person is simply a trespasser, the officer may, when he can place reliance on the statement of the applicant, properly give his assistance : as, for example, when the master of a family finds a person in his house, who, having entered peaceably (with or without the connivance of a servant), refuses to leave on request, the constable may act in the master's aid and remove the person from the house, using no more force than is necessary for that purpose. The same should be done in the case of public libraries, museums, &c., when persons refuse to leave at closing time, &c., and in the case of drunken, quarrelsome, or disorderly persons who refuse to quit licensed premises.
6. On such occasions a constable should only act in the presence and on the express application of the lawful occupier, and after the person has refused to leave on a formal request made to him in the presence of the constable.
7. The constable should himself use persuasion before putting hands on the person. He must also bear strictly in mind that he is not to take the person into custody, but to leave him perfectly free as soon as the street or public road is reached ; for although the intruder in such a case is wrongfully in the house, he has not in law been guilty of any breach of the peace or any offence punishable summarily or otherwise, and the intervention of the police is, strictly speaking, not in the character of a peace officer, but rather as a private person aiding the occupier, and in law acting as his servant for that special purpose.
8. The police must use great care in discriminating between such a case as that above mentioned and cases of real dispute as to the right of possession, where it is neither necessary nor desirable to interfere.
Truncheons.—Truncheons are supplied to the police to enable them to protect themselves if violently attacked. If a constable is likely to be overpowered, he may draw his truncheon and use it, not, however, striking anyone on the head unless absolutely necessary. The arms and legs should be aimed at to disable a prisoner, as the parts of the frame least likely to suffer serious injury. The use of the truncheon must not be resorted to except in extreme cases, when all other attempts have failed, and a prisoner is likely to escape, or be rescued, through the constable being ill-used and overpowered. Whenever a truncheon has been used it should be inspected by a superior officer to see if it is damaged.
Trustees.-1. A trustee, that is, a person entrusted with any property to be used for the benefit of another person or of a charity, who fraudulently converts any of such property to his own use or to the use of any other person, is guilty of a misdemeanor. (Larceny Acts, 1861, s. 80, and 1901, s. 1.) (See EMBEZZLEMENT.)
2. By the Public Trustee Act, 1906, persons may appoint a Government official to act as trustee in certain cases.
Uniforms—Illegal Wearing of.-1. No person not serving in His Majesty's Military Forces may, without His Majesty's permission, wear the uniform of any of those Forces, or any dress having the appearance of, or bearing any of the regimental or other distinctive marks of such uniform; but persons wearing any uniform or dress in a stage play performed in a duly licensed place, or in the course of a music-hall or circus performance, or in the course of any bonâ fide military representation, are excepted.
2. The prohibition also extends to persons wearing such uniform or dress in such a manner, or under such circumstances, as to be likely to bring contempt on that uniform, and to persons employing others to do so. This provision applies equally whether the dress is worn in a stage play, or in a music-hall or circus performance or elsewhere; and will enable police to deal with beggars and bearers of advertisement boards, &c., who are dressed as soldiers or sailors.
3. The Act applies to the Regular Forces of the Army and the Navy, and to the Territorial Forces.
Proceedings can only be by summons. (Uniforms Act, 1894.)
Unlawful Assembly.-1. An unlawful assembly is a meeting of three or more persons with intent to commit a crime by open force, or to effect any common purpose in such a manner as to give firm and courageous persons reason to fear a breach of the peace. If the assembly proceeds to carry out its purpose, it becomes a riot. (See RIOT.)
2. Taking part in an unlawful assembly is a misdemeanor. It is the duty of Magistrates and police to disperse an unlawful assembly, using force if necessary ; and all who take part in the assembly may be arrested. (See MEETINGS.)
Unlawful Drilling.-1. All assemblies are unlawful which are held in order that the persons assembled may train or drill themselves, or be trained or drilled, to the use of arms, or for the purpose of practising military movements or evolutions without lawful authority.
Every person commits felony who-
2. Every person commits a misdemeanor who attends or is present at any such assembly for the purpose of being, or who at any such assembly is, trained, or drilled, to the use of arms, or the practice of military exercise, movements, or evolutions. (Unlawful Drilling Act, 1819.)
(a) Is present at, or attends, any such unauthorised assembly for the purpose of training or drilling any other person to the use of arms, or the practice of military exercise, movements, or evolutions ; or (b) Who trains or drills any other person to the use of arms, or the practice of military exercise, movements, or evolutions ; or (c) Who aids or assists therein.
Uttering.—(See COUNTERFEIT COIN; FORGERY.)
Vaccination.—The parent, or other person having the charge of any child, must have it vaccinated, within six months from its birth, subject to a penalty, unless within four months of the birth of the child he makes a statutory declaration that he conscientiously believes that vaccination would be prejudicial to the health of the child. (Vaccination Act, 1907.) All police should be revaccinated with their families, and especially if there is an epidemic of small-pox in their district, as in such case, even if they get the disease, it will rarely prove fatal.
Vagrancy.-1. The Vagrancy Acts, 1824, 1838, 1873, and 1898 provide for the punishment of various kinds of "vagrants," who are divided, according to the gravity of the offence committed, into—
(a) Idle and disorderly persons.
(b) Rogues and vagabonds.
(c) Incorrigible rogues. (See these headings; also BEGGARS.)
2. Any person may arrest any person found committing an offence against the Vagrancy Acts, and take him before a magistrate or give him in charge of a constable.
Valuable Securities.—Everyone who steals or for any fraudulent purpose destroys, cancels, or obliterates the whole or any part of a valuable security, document of title, or will, commits felony. (Larceny Act, 1861, ss. 27-29.) (See FORGERY.)
Venue. —In general a prisoner must be tried in the county or borough where the offence was committed. But to this rule there are a few exceptions.
Persons accused of bigamy, forgery, or perjury may be tried where they are found. And if a man commits larceny in one county and carries the goods into another, he may be tried in either.
Where goods or money are obtained by false pretences contained in a letter, the offender may, in general, be tried either at the place whence he sent the letter or where it was received. (See MURDER ; SEA, CRIMES COMMITTED AT.)
Warders.—Cordiality should prevail between police officers and the warders of prisons. Warders see prisoners for so much longer than police, that they are far more likely to recognise them if re-arrested. They can supply information through the Governors of their respective prisons, and thus prove valuable auxiliaries to the police in proving previous convictions.
Warrants.-1. A warrant is an authority, under hand and seal, to some officer to arrest an offender to be dealt with according to law, or to commit him to prison, to search premises, or to levy distress for the non-payment of a legal penalty.
2. A warrant of arrest can only be issued, in the first instance, upon an information upon oath or affirmation. The information, containing the name, address, and occupation of the deponent, the date and place of commission of the offence, the name or description of the accused, and the exact charge, is drawn out by either the applicant, his solicitor, or the clerk at the Police Court, the police officer, if any, engaged in the case giving every possible assistance.
3. Warrants are not necessary for an apprehension to be made in cases of felony, occurring within a Police District, if the offender is still within the jurisdiction, but they should be invariably applied for
4. A warrant of arrest may be executed either by night or day, and it does not become void by the death of the issuing Justice. It would appear that only warrants for indictable offences should be executed on Sunday.
(a) In cases in which the presumption is strongly in favour of the delinquent's having absconded beyond the jurisdiction ; as the existence of a warrant enables steps to be taken to secure his extradition if gone abroad, and to effect his apprehension in other places. (b) In cases in which there is any suspicion that the aggrieved person has some other object in view than the furtherance of the law ; embezzlement being often within this category. (c) In cases of misdemeanor, when an apprehension is not effected at the time of its commission.
5. A warrant must be read over to the prisoner it is intended to arrest thereon, and after execution it is returned to the Court.
6. When an officer holds a warrant for the arrest of any person on a criminal charge, who is already under sentence, the facts should be reported for consideration as to whether an application should be made to the Secretary of State for an order under section 11 of the Prisons Act, 1898, to bring up the prisoner to answer the new charge during the currency of the sentence.
7. Where a person for whose arrest a police officer holds a warrant stands committed for trial in any other jurisdiction, a similar report should be made, and the warrant submitted with sufficient particulars to enable it to be decided whether the case can be adequately dealt with by laying the facts before the Court in the event of the prisoner's conviction, or whether on account of the gravity of the charge, or because claims to property are involved, the offence should be prosecuted.
8. The warrant of a Metropolitan Police Magistrate does not require to be backed in England or Wales. The warrant of the Lord Mayor and the Aldermen of the City of London does not require endorsement for execution in the counties of Middlesex, Surrey, and Hertfordshire (nor of Justices of those counties within the City), but a warrant issued by any other Magistrate cannot be executed beyond the area of his own jurisdiction until it has been "backed"—i.e., endorsed—by a justice having jurisdiction, unless an offender be taken in close pursuit within seven miles of the county border.
9. If a warrant has been issued, the fact should be stated in all communications requesting the arrest of the offender ; and if sent by post to another force for execution, it should invariably be accompanied by a declaration of signature, under the Summary Jurisdiction Act, 1879, s. 41. (See APPENDIX H.)
10. Police employed in the execution of warrants of ejectment should exercise a humane discretion, and are not expected to execute such warrants in circumstances which might endanger the life of the person concerned. The Magistrate should be acquainted with the facts of any case in which it is deemed expedient to postpone the execution of the warrant.
Weights and Measures.-1. The Weights and Measures Act, 1878, prescribes uniform weights and measures for use in the United Kingdom. Any person selling by any denomination other than one of the imperial weights or measures is liable to a fine not exceeding £2. The use of the metric system was, however, legalised in 1897.
2. Local authorities appoint inspectors who are empowered to examine all weights and measures used for trade within their jurisdiction. Any person who uses or has in his possession for use in trade any weight or measure not stamped as verified by the inspector is liable to a fine of £5.
3. Using or possessing for use in trade any weight or measure not in accordance with the Board of Trade standard, or any false or unjust weight or measure, or making or selling any false or unjust weight or measure is an offence.
4. All articles sold by weight must be sold by avoirdupois, except
5. Coal may only be sold by weight, except where with the written consent of the purchaser it is sold by boat, waggon or tub-load direct from the colliery. If more than 2 cwt. is delivered at one time, a "weight ticket" must be given—penalty, £5. Byelaws as to the sale of coal may be made by Local Authorities.
(a) Precious metals and stones and gold and silver thread, lace, &c., which are sold by troy weight. (b) Drugs, which may be retailed by apothecary weight.
6. By the Bread Act, 1836, no bread (except fancy bread or rolls) may be sold except by avoirdupois weight, subject to a penalty of £2, and every baker's shop and baker's cart must be provided with proper weights.
Wife.—(See HUSBAND AND WIFE.)
Wild Birds.—(See BIRDS.)
White Slave Traffic.-1. The existence of an immoral traffic in women for purposes of prostitution and carnal knowledge, to which public attention was drawn in the year 1881, led to the appointment of a Select Committee of the House of Lords to inquire into this question of juvenile prostitution, and was the immediate cause of the passing of the Criminal Law Amendment Act of 1885, for the protection of women and girls, the suppression of brothels, &c. (See WOMEN AND GIRLS, OFFENCES AGAINST.)
Following on this, steps were taken to associate foreign countries in the efforts to suppress this notoriously immoral traffic in women ; and eventually, on May 18, 1904, an International Agreement for the Repression of White Slave Traffic was entered into in Paris, which was subsequently embodied in an International Convention, signed in April, 1910, confirming the previous agreement.
Under this Convention each country which became a party to it is bound to appoint a Central Authority for the purpose of carrying out its objects. The duties of the Central Authority are defined to be as follows :-
In England the Home Secretary has appointed Mr. F. S. Bullock, Assistant Commissioner, New Scotland Yard, as Central Authority, and has notified all Police Authorities in England of his appointment by circular letter dated 19th June, 1907.
1. To collect information generally on the subject of White Slave Traffic and to correspond with the Central Authorities of other States. 2. To arrange to keep watch at Ports and Railway Stations on persons suspected of being engaged in the traffic. 3. To assist the victims of the traffic, to arrange for the repatriation of foreign girls, to send home girls found in circumstances of destitution through this traffic, or otherwise provide for them. 4. To keep observation on employment agencies suspected of offering girls situations abroad.
2. In all cases in which women or girls are reported as missing or to have left their homes in the Provinces or elsewhere, under circumstances which may lead to a suspicion that they have been enticed away, or seduced by fraud or threat to leave their homes and take foreign employment, or to join theatrical companies, or for immoral purposes, Police officers should communicate with Mr. F. S. Bullock at New Scotland Yard, with a view to obtaining his advice or assistance ; and similarly, if foreign girls or women are found who appear to be victims of immoral or designing persons and assistance is required to send them to their homes in foreign countries, Mr. F. S. Bullock should be communicated with.
3. If it is necessary to stop or meet girls at the end of a railway journey to London, or at ports, it is often advisable to communicate direct with the National Vigilance Association at 161A, Strand, W.C., or the Travellers Aid Society for girls and women, 3, Baker Street, W. The workers of these Societies are always available to assist at Railway Stations in London or at the principal Ports of the United Kingdom.
Wilful Damage.—(See DAMAGE TO PROPERTY.)
Wills.—Everyone commits felony who either during the life of the testator, or after his death, steals, or for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any will, codicil, or other testamentary instrument, whether it relates to real or personal estate, or to both. (Larceny Act, 1861, s. 29.)
Window Cleaning.—In the County of London any person standing or kneeling on the sill of a window over 6 ft. from the ground without support, or any person permitting it to be done commits a breach of byelaws and is liable to a fine.
Withdrawal from Prosecution.-1. In all criminal cases in England and Wales where a prosecutor withdraws from a charge, except by leave of the Court, or fails to appear to support it, a remand should be applied for by the police, for the facts to be submitted to the Director of Public Prosecutions. (See DIRECTOR OF PUBLIC PROSECUTIONS.)
2. A prisoner arrested in consequence of the well-founded complaint of an individual, who, nevertheless, declines to charge when the result he sought has been attained, and in spite of there being primâ facie evidence of guilt, should be charged by the officer arresting him, a remand being applied for, as well as a witness summons to secure the prosecutor's attendance, application being made for legal aid if necessary ; as the furtherance of public justice is the object for which police forces are established.
Witnesses.-1. The attendance of witnesses residing in England may be secured at Police Courts by witness summonses, elsewhere by subpœnas.
2. A witness summons addressed to a person residing beyond the jurisdiction in which it is issued must be endorsed† prior to service, whether issued by a Metropolitan Police Magistrate, or other Justice, and to this end should be accompanied by a declaration of signature, under section 41 of the Summary Jurisdiction Act, 1879. (See APPENDIX I.)
3. As in the case of subpœnas, a reasonable amount must be tendered for expenses on the service of a witness summons beyond the district.
4. In all cases where a person is committed for trial, the prosecutor and every witness is bound over, by recognisance, to prosecute and give evidence. A witness refusing to be so bound may be committed for safe custody until the trial.
5. If a witness disobeys a summons, and no just excuse is offered for the neglect or refusal, after proof of its due service, a warrant may be issued, to bring and have such person at the appointed time and place ; or if even in the first instance a Justice is satisfied by evidence, upon oath or affirmation, that it is probable such person will not attend to give evidence without being compelled to do so, a warrant may be issued instead of a summons.‡
6. If any witness upon whom a summons or warrant has been served refuses to be examined upon oath or affirmation, or refuses to answer questions put to him, he may be committed to prison.
7. In indictable cases the evidence of a person who is too ill to appear in Court may be taken by a Magistrate at the place where the witness is, either under the Indictable Offences Act, 1848, s. 17, or the Criminal Law Amendment Act, 1867, s. 6, according to the circumstances. When a witness has given evidence before a magistrate and either dies before the trial, or is proved by evidence to be too ill to travel, the deposition may be read as evidence.
8. Where in any criminal case it becomes necessary to call as a witness a person confined in a prison, application should be made to the Home Secretary, by letter, setting out the facts of the case and the date and place where it is to be tried, for the issue of an order to bring up the prisoner. (See COMPETENCY OF WITNESSES ; DISSUADING WITNESSES FROM TESTIFYING ; DYING DECLARATIONS ; EVIDENCE ; EXAMINATION ; PRISONERS AS WITNESSES.)† This applies also to Scotland, and to the process of any Scotch Court of Summary Jurisdiction. (44 & 45 Via. c. 24, s. 4.)
‡ In the Metropolitan Police District, when a private person is required by the police to attend a police court to give evidence, the officer may make application for a certificate of expense in accordance with the Prosecution Expenses Act, 1866.
Women.—Whenever the arrest of a man is wanted the most minute and intimate inquiries must be made about his female associates and they must be cautiously watched.
Women and Girls, Offences Against.-1. Unlawful Carnal Knowledge. The following are felonies :—
And the following are misdemeanors :-
(a) Rape, i.e., the act of a man having carnal knowledge of any woman, not his wife, against her will by force, fear, or fraud. (Offences against the Person Act, 1861, s. 48.) (b) Having carnal knowledge of a girl under thirteen, whether with or without her consent. (Criminal Law Amendment Act, 1885, s. 4.)
2. The owner, occupier, or manager of any premises who induces or knowingly suffers a girl under thirteen to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether a particular man or not, is guilty of felony. If the girl is between thirteen and sixteen, it is a misdemeanor, unless he had reasonable cause to believe that she was over sixteen (s. 6).
(a) Attempting to have carnal knowledge of a girl under thirteen (s. 4). (b) Having or attempting to have carnal knowledge of a girl between thirteen and sixteen, whether with or without her consent, unless the accused had reasonable cause to believe that she was over sixteen (s. 5). (c) Having or attempting to have carnal knowledge of a female idiot or imbecile woman or girl (s. 5).
3. Procuration. The following are misdemeanors :-
4. No person can be convicted of any of the offences mentioned in par. 2 on the uncorroborated evidence of a single witness. (See WHITE SLAVE TRAFFIC.)
(a) Procuring or attempting to procure any girl or woman under twenty-one, not being a common prostitute or of known immoral character, to have unlawful carnal connexion, whether within His Majesty's Dominions or not, with any other person or persons. (b) Procuring or attempting to procure any woman or girl to become, either within or without the King's Dominions, a common prostitute. (c) Procuring or attempting to procure any woman or girl to leave the United Kingdom with intent that she may become an inmate of a brothel elsewhere. (d) Procuring or attempting to procure any woman or girl to leave her usual place of abode (not being a brothel) in the United Kingdom, with intent that she may, for the purposes of prostitution, become an inmate of a brothel within or without the King's Dominions (s. 2). (e) By threats or intimidation, procuring or attempting to procure any woman or girl to have any unlawful carnal connexion whether within or beyond the King's Dominions. (f) By false pretences or representations procuring any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connexion whether within or without the King's Dominions. (g) Administering to any woman or girl any drug, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connexion with her (s. 3).
5. Any person who detains any woman or girl against her will in any premises with intent that she may be carnally known by any man, or in a brothel, is guilty of misdemeanor. This includes withholding her clothes or other property, or threatening her with prosecution if she goes away in clothes lent or supplied by the accused (s. 8).
6. On sworn information by any person bonâ fide acting in the interests of a woman or girl that there is reason to believe that she is unlawfully detained for immoral purposes by any person in any place, a justice may grant a search warrant (s. 10).
7. Where on the trial of any offence under the Criminal Law Amendment Act, 1885, it is proved that the seduction or prostitution of a girl under sixteen has been caused or encouraged by her parent, guardian, master, or mistress, the Court may remove the girl from the care of such person and appoint some other person to be her guardian till she is twenty-one (s. 12).
8. If any person having charge of a girl under sixteen causes or encourages the seduction or prostitution or unlawful carnal knowledge of that girl, it is a misdemeanor. A person is deemed to be guilty if he knowingly allowed the girl to consort with or be employed by a prostitute or person of known immoral character. (Children Act, 1908, s. 17.)
9. Abduction of Women or Girls.—(See ABDUCTION.)
10. For other offences against Girls.—(See CHILDREN, OFFENCES AGAINST. See also ABORTION ; ASSAULTS (INDECENT) ; BABY FARMING ; HUSBAND AND WIFE ; INCEST.)
Woods.—Any person unlawfully and maliciously setting fire to any wood, whether standing or cut down, any plantation of trees, or to any heath, gorse, furze, or fern, wheresoever the same may be growing, is guilty of felony. (See DAMAGE TO PROPERTY.)
Wounding.-1. Every person who with intent to maim, disfigure, disable, or do other grievous bodily harm to any person, by any means whatsoever, wounds or causes any grievous bodily harm to any person, commits a felony, and is liable to penal servitude for life.
2. Every person who unlawfully and maliciously wounds or inflicts grievous bodily harm upon any person, either with or without any weapon or instrument, commits a misdemeanor, and is liable to five years' penal servitude. (Offences against the Person Act, 1861, ss. 18, 20.) (See ASSAULTS; SHOOTING.)
3. In wounds, the bleeding should be first stopped by compression on the nearest artery. The parts should next be washed carefully with cold water, and strips of adhesive plaster put on. If internal organs protrude through a wound, they should be returned and the sufferer not moved or be allowed to stir until the arrival of medical aid.
Wrecking.-1. Everyone who prevents or impedes any person being on board of or having quitted any ship or vessel in distress, wrecked, stranded, or cast on shore, in his endeavour to save his life, or prevents or impedes any person in his endeavour to save the life of any person so situated, is guilty of felony. (Offences against the Person Act, 1861, s. 17.)
2. Any person who assaults an officer in the execution of his duty, in or concerning the preservation of any vessel in distress, or any vessel, goods, or effects wrecked, stranded, cast on shore, or lying under water, commits a misdemeanor (s. 37).
3. Everyone who plunders or steals any part of any ship or vessel wrecked, stranded, or cast on shore, or any goods, merchandise, or article of any kind belonging to any such ship or vessel, is guilty of felony. Any person found in possession of, or offering for sale, goods from a shipwreck, without a satisfactory explanation is liable to a penalty. (Larceny Act, 1861, ss. 64-66.)
4. Unlawfully and maliciously setting fire to, casting away, or destroying any ship, or attempting to do so, or exhibiting false signals with intent to bring a ship into danger, or removing buoys, &c., or destroying any part of a ship in distress, or any goods belonging thereto are felonies. (Malicious Damage Act, 1861, ss. 42-49.) (See DAMAGE TO PROPERTY.)
Youthful Offenders.-1. When a person apparently under sixteen is arrested and cannot be brought at once before a magistrate, a superintendent or inspector or station officer of police shall inquire into the case, and shall release the young person on bail with or without sureties, unless
2. It is the duty of the Local Authority to provide "places of detention" (remand homes), and a person under sixteen who is not bailed will, if possible, be sent to such a place instead of to prison, unless he is of so unruly a character that he cannot be so detained, or by reason of his mental or bodily health it is inadvisable so to detain him. The same course is to be pursued if he is remanded or committed for trial. The police must arrange that while at the station he does not associate with any adult prisoner other than a relative (ss. 95, 96, 97 and 108).
(a) The charge is one of homicide or other grave crime ; or (b) It is necessary in the interests of the prisoner to remove him from association with reputed criminals or prostitutes ; or (c) His release would defeat the ends of justice. (Children Act, 1908, s. 94.)
3. If a person under sixteen is charged with any offence, his parent or guardian should be warned to attend the Court at the hearing, and may be ordered to pay the fine for the offence or to give security for the young person's good behaviour (ss. 98, 99).
4. A child under fourteen cannot be sent to prison. A young person between fourteen and sixteen cannot be sentenced to penal servitude, nor to imprisonment unless the Court certifies that he is of so unruly or depraved a character that he cannot, or is not fit to, be detained in a place of detention. No person under sixteen can be sentenced to death. The punishments provided for persons under sixteen are whipping or detention in a place of detention, or in an industrial school, or in a reformatory, according to their age (ss. 102, 103, 106, 107.) (See INDUSTRIAL SCHOOLS ; REFORMATORIES.)
5. Instead of being detained the young person may be placed in the care of a relative or other fit person, or under the supervision of a "probation officer."
6. Juvenile Courts.—A Court of Summary Jurisdiction, when hearing charges or summonses against or applications relating to persons under sixteen, shall, unless such person is charged jointly with an adult, sit either in a different building or room from those in which its ordinary sittings are held, or on different days or at different times, and no persons shall be admitted except those directly concerned in the case, without the leave of the Court (s. 111). (See PROBATION OF OFFENDERS.)
A B C D E F G H I J K L M N O P Q R S T U V W XYZ
Contents ~ Title, Preface, etc. ~ Address to Constables ~ Appendices ~ Index