✨ Police Regulations and Instructions
30
THE NEW ZEALAND GAZETTE.
[No. 3
maximum allowance shall be twenty-five shillings (25s.) per diem.
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These allowances shall be paid only where an officer is necessarily absent from his headquarters at night; but, for all journeys where an officer is not obliged to be absent at night, actual expenses will be paid, to an amount in no case exceeding the full daily rate above authorized for personal expenses, on production of a statement giving details of the nature of the charges, with dates, places, and to whom paid, but without being obliged to produce receipts.
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Other members of the force shall receive their actual expenses.
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Cost of transport by land or sea will be paid for by the Government, or, when paid for by the officer travelling, the same will be recouped to him on the production of vouchers; but no vouchers for such expenses will be required for sums of less than ten shillings (10s.), and vouchers for railway fares will not be required if the railway travelled upon and the extent of journey is stated.
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Officers shall be entitled to first-class fare, and other members of the force to second-class fare when travelling by steamer or railway.
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For all days at sea, after the first day, an allowance of only two shillings and sixpence (2s. 6d.) per diem will be given. For the first day at sea the ordinary allowance may be drawn.
Given under the hand of His Excellency Sir William Francis Drummond Jervois, Lieutenant-General in Her Majesty’s Army, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies, and Vice-Admiral of the same; and issued under the Seal of the said Colony, at the Government House, at Wellington, this seventh day of January, in the year of our Lord one thousand eight hundred and eighty-seven.
J. BALLANCE.
GOD SAVE THE QUEEN!
PART II.
INSTRUCTIONS.
The following Instructions are published for the guidance of the Members of the Police Force in the performance of their duty.
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It is intended here to state such parts of the law relating to the office of constable as may be sufficient for the general instruction of the police force.
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Each constable will bear in mind the extreme importance of making himself perfectly acquainted with this subject, in order to enable him, with due regard to his own safety, to act efficiently for the protection of the public.
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He is in many cases authorized and required, in the execution of his office, to arrest a party charged with or suspected to be guilty of some offence, to enter a house in pursuit of an offender, to quiet an affray, to search for stolen goods, and to take possession of goods suspected to have been stolen.
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It therefore becomes necessary that the constable should inform himself in what cases he ought so to interfere, and what legal powers he possesses to effect the object, in case he meets with resistance. To assist the police constables in the discharge of their duties, the following observations are prepared for their attentive perusal and study:—
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Murder, rape, housebreaking, robbery, picking pockets, receiving stolen goods knowing them to have been stolen, assaulting any one with intent to rob; wounding, &c., with intent to do grievous bodily harm; setting fire to any dwellinghouse, a person being therein, are some few of the principal felonies, and persons guilty of any of these offences are called felons. Slighter offences, such as common assaults, affrays, and riots, which are not felonies, are called misdemeanours.
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The powers of a constable as to arrest in cases of felony or misdemeanour differ in this: In the case of a felony no warrant is required, whether the person is arrested in the act of committing, or at any time after committing, or on reasonable suspicion of having committed the crime; but, in the case of a misdemeanour, unless the person is taken in the act of committing, or immediately after having committed, the offence, a warrant for his apprehension is still necessary.
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With respect to the mode of effecting the apprehension in cases where no warrant is necessary, the constable should state that he is a constable, and should touch the person arrested, saying, “I arrest you in the Queen’s name,” and should say for what, and he ought to use no more force than is necessary for effecting the arrest. If he finds he cannot effect the arrest himself, he may call upon all persons to assist him. He ought not to use handcuffs unless there be a reasonable necessity for so doing.
ARREST.
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A constable may arrest without a warrant all loose, idle, or disorderly persons whom he shall find disturbing the public peace, or any person whom he shall have good cause to suspect of having committed, or being about to commit, any felony, misdemeanour, or breach of the peace. Power is also given him to arrest any person who, within his view, shall offend in any manner against the provisions of “The Police Offences Act, 1884,” whose name and residence shall be unknown to such constable, and cannot be ascertained by him. (Section 35, “Police Offences Act, 1884.”)
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By “The Larceny Act, 1867,” section 102, any person found committing any offence punishable either on indictment or on summary conviction under its provisions (except angling in the day-time), may be apprehended by any person without a warrant.
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By “The Malicious Injuries to Property Act, 1867,” section 61, any person found committing an indictable offence (or one punishable on summary conviction) may be immediately apprehended, without warrant, by a peace officer, or the owner of the property, or some one authorized by him.
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Any constable or any peace officer may take into custody 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 the provisions of “The Larceny Act, 1867,” and shall take such person as soon as reasonably may be before a Justice of the Peace. (Section 103, “Larceny Act, 1867.”)
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He should arrest any person found committing any of the following offences:—
(1.) Soliciting, gathering, or collecting alms, subscriptions, or contributions under any false pretence.
(2.) Imposing or endeavouring to impose upon any charitable institution or private individual by any false or fraudulent representation, either verbally or in writing, with a view to obtain money or any other benefit or advantage,
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Police Regulations
(continued from previous page)
⚖️ Justice & Law Enforcement7 January 1887
Police Force, Travel Allowances, Expenses, Arrest, Felonies, Misdemeanours, Constable Duties, Legal Powers
- Sir William Francis Drummond Jervois, Lieutenant-General, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief, Vice-Admiral
- J. Ballance
NZ Gazette 1887, No 3