QUESTIONING OF PRISONERS.

Dominion, Volume 3, Issue 752, 26 February 1910, Page 6

QUESTIONING OF PRISONERS.

.? , JTTDGE COOPER DISAPPROVES.:'" , .' ■ißj;;rele{:rapb.r-Preßa r .A«3ooi»tloiii; ,- '■',■ ,•'■■■•:■■;"'.'' ■' . ;'Napiep,;>l'ebrnaryj23;': ; ; ;'.■ Billing the hea'ring:pf a ch'arge'of.'.jJieft, inthe Supreme. Court tb^daj)'Mr. Cooper 'made/ some.)remarks the 'action, of , a policeman' in'questioning the accused persoii: l :: His Honour' said he' thought'.the true' rule'; was \that. : .a constable ought ■ not' , to question a : person who '■ was: not .actually' 1 'in 'custody if'He had," before questioning' him, determined' to take him into'.custodyi'unless a caution had 'been properly given ~to: th& person. Police •officers' , were, entitled.to : make 'all reasonable'and"proper'.'. inquiries '.".frompersons in'order- to. enable the. police to ascertain' by whoin' an "offeice. had been committed,' but if.they proposed to tiori , . a , person.whomv'they suspected' of being'the actual offender, they'ought,first ! to caution' him. After he-,'waS: arrested: he. must■■.be '■• cautioned, '■ and' ;: -ceven■■.'- if cautioned after arrest, he ought not to i be gu&stioned. -If, however, he was. ques- . loned:.after being;arrested, 'there -was authority that the evidence could not berejected. His Honour, said he , disapproved' of;the pactice r of the police: in cross- : questioning accused persons. - ' However, 'in ithis case, the '.evidence .was admissible,. 'although'-he (his Honour) , disapproved' of the' manner:in- which: the statement ,had been obtained.: ,It '.appeared.:! from -.; the evidence ,that in.:the present..:case/the accused wasYnbt-placed'under arrest untilafter the statement , wasj made and.signed, and that the 'constable had not .determined to arrest him" until he had signed the!statement.'"Tile-constable had.closely questioned' ', the' :accused -.for : something hie. three-quarters' of-, an, hour, and-had 'not'civen -him;any. caution;" ■ ■■'.'.[ ■:■■ -x ./