THE DUTIES OF SPECIAL CONSTABLES.

Grey River Argus, Volume V, Issue 349, 9 April 1868, Page 3

THE DUTIES OF SPECIAL CONSTABLES.

The London Law Journal explains some points of law as to the functions of special constables. The question has been asked in some quarters whether a special coustable is invested with the peculiar powers attached to members of the metropolitan police force. The answer will clearly be in the negative. Special constables must not attempt to apprehend persons for driving furiously, blowing horns, ringing door bells, making slides, or for any other of .the seventeen sets of offences named in the 54th section of the Metropolitan Police Act, 1839. The special constable has, however, one considerable advantage over the police. While the penalty for assaulting a policeman is L 5, in the case of a special the maximum fine is L2O. A special constable is a conservator of the peace, and may for treason-felony, breach of the peace, and some misdemeanours less than felony, committed in his view, apprehend the supposed without warrant. He may, upon his own view, interpose to jwevent a breach of the peace, and all persons assisting him at his request are protected. He may not, without warrant, arrest on a charge of breach of the peace after the affray is over. But during the affray, or where an offence is threatened in his presence to be committed, he may, to avoid a continuance of the breach of the peace, or prevent the offence., arrest the affray er or party menacing. If he is preventing a breach of the peace, and any person stand in the way to hinder him, he may take such person into custody, but not give him a blow. He may remove a person from church for disturbing the congregation, but he must not detain the party in order to take him before a Magistrate. If a landlord turn a disorderly person out of a public-house, and the landlord be assaulted, the constable may, on view, arrest the offender. He may also arrest, without warrant, for felony, upon a reasonable information and charge made by others. Where a constable acts without a warrant by virtue of his office, he should, unless the party be previously acquainted with it, notify that he is a constable, or that he arrests in the Queen's name, and for what. It will be sufficient, however, if from the circumstances, the offender may collect that lie is a constable, and it is enough if he show his staff.