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Tuesday, 30 May 1972
Page: 2303


Senator BROWN asked the AttorneyGeneral, upon notice:

Is the reported statement by the Commonwealth Police Commissioner, Mr Jack Davis, that a Stipendiary Magistrate refused to issue a warrant to police informing them that they possessed ample power to arrest an offender, true; if so, will the Attorney-General inform the Senate of (a) the name of the Magistrate and (b) the grounds upon which the issue of a warrant was refused.


Senator GREENWOOD The answer to the honourable senator's question is as follows:

Yes.

(a)   Mr W.F. Cuthill, Chief Stipendiary Magistrate, Magistrates Court, Melbourne.

(b)   When application was made, at the offices of the Magistrates Court Melbourne for the issue of warrants of arrest in respect of five persons who were alleged to have committed offences against section 51 (1.) of the National Service Act, Mr Cuthill declined to issue warrants as he considered that the police had ample powers of arrest under section 8a of the Commonwealth Crimes Act. That section provides:

Any constable may, without warrant, arrest any person if the constable has reasonable grounds to believe -

(a)   that the person has committed an offence against a law of the Commonwealth or of a Territory; and

(b)   that proceedings against the person by summons would not be effective.'







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