THE THIRD DEGREE.

Taranaki Daily News, Volume LV, Issue 299, 10 May 1913, Page 5

THE THIRD DEGREE.

POLICE AND PRISONERS. By Telegraph —Press Association. Wellington, last night. Delivering judgment in the case Rex V. Barker and Bailey in the Appeal Court, Mr. Justice Williams made the following remarks regarding police methods: —"I am strongly oU opinion that after a person has been arrested and while lie was in custody, he ought not to he questioned by the police unless he makes a voluntary statement, and the questions are necessary to elucidate that statement. •' The Magistrate, before whom an accused person was brought, has no power to queestion him, and it would he wrong for the Court to give its sanction to a practice which would have the effect of giving the arresting constable greater powers than those of the Magistrates. The mischiefs which are likely to arise from private examinations by the police of a prisoner in custody, are obvious." Justices Denniston. Chapman, and Cooper agreed with these observations, and Mr. Justice Edwards also strongly condemned the action of the police. Sir Robert Stout said that the power should be Sparingly resorted to. Some members of the Court also said that the provisions under Section 423 of the Crimes' Act seriously hampered the administration of justice. They suggested that the Legislature should consider the advisability of repealing the provisions prohibiting comment, where the prisoner refrains from giving explanatory evidence on his own behalf.