A POLICEMAN'S DUTY.

Gisborne Times, Volume XXVIII, Issue 2747, 28 February 1910, Page 4

A POLICEMAN'S DUTY.

REMARKS BY MR JUSTICE COOPER. rPxH Riiuss Association. 1 NAPIER, Feb. 26. During the hearing of a charge or theft in the Supreme Court .ur -Justice Copper made some remarks respecting the action of a policeman m questioning an accused person. His Honor said he thought the true rule was that a -constable cugnt not to question a person who was nor actually in custody, if he had bezore questioning him determined to take rum into custody, unless a caution had been proper! v given zo the person. Police onicers were entitled to make ail reasonab!e and proper inquiries from persons in order to enable the police t-o ascertain by whom an offence had been committed. but if they proposed to question a person whom they suspected o: being the actual -offender they ought first to caution him. he was arrested he must be cautioned, and ever, if cautioned after arrest, lie cugnt net to be questioned. It ever he was questioned after being arrested there was authority that the evidence tould be rejected. His Honor said he disapproved of the practice of police crossquestioning accused persons. However, in this case the evidence was adm usable, although he (His Honor) disapproved ox the manner in which the statement had been obtained. It appeared from the evidence that in tSe present case accused was not placed under arrest until after a statement was made and signed, and that the constable had not determined to arrest him till he had signed the statement. The constable had closely questioned accused for something hire three-quar-ters of an hour and had not given him any caution.