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and to see they are substantial in fact and sound in Intro to 542
law is explrined to you. Justifionti on should only be accented
by you on grounds cleanly valid. The plea of justified before
you falls under two heads. irstly it is claimed that
a legal right to use force against the crowd on this occarion. Secondly, it is claimed that the degree of force usod wrenson- able am necessary. As to the right to me forco. It was at mo point argucă by 'r. Shanton that this right arose incidentally to the excercise of the power of arrest. The local police are
rmed with a statutory general over of arrost. It is oontained
in our Polico Force Ordinanco, No. 11 of 1900
Section 28,
sub-section 1. It reads as follows:- "It smll be lawful for any officer of Police to apprehend any porem tho may be durged with, or who may reasonably be suspected of, being guilty of any offence
without warrant for that purpose and hothor he has 8 on mich
offence committed or not." Apprehension involved the mɛn Force.
it one poit in his addross ir, Shenton and no to advise yo
that arrest would cover any form of detention by a police officer,
howwver temporary Te quoted lobury'a"Laws of Bydlend"
Volume 9. Page 296, paragraph 607. "Arrost consists of the actual
seisure or touching of a person's body with a vi o to his detention.
I am inclined to think that the learned editor of Halsbury, if
he had before him . Shenton's construction of is definition,
would reject it and might possibly amend the terms of hio definition,
I adopt, and ask you to adopt, the definition of ar ost or
apprehension the words are regarded as the same h
- to be
gusion is the
Court of Te
found in Sir Howard Vincent's "Police Code" :-
taking of another person into custody to answer to n
for cone specifiod offence". I think it is protty clear that at
the time of firing no attempt was being made by the police officers
to secure the arrest of any person or persons in the orovä.
Let me read lir. King's evidence relating to the one ind dent which
has any of the characteristics of an arrest. Mr. King, then he was
in the witness box for the first ime, said "I Rooid a to try and
got the white coated man out of the crowd I could sno I vos
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