7. Premises will be declared to be protected places only after careful scrutiny of all the surrounding circumstances. It is obvious however that the details of the duty of guards over such places will necessarily differ. Differences in execution will also occur according to whether servicemen or other bands of watchmen are employed. While therefore Clause 4 of the Bill specifies in sub-section (1) the duties of an authorised Guard, sub-section (2) provides for more detailed directions being given by the Governor or his delegate. This provision will also it is hoped provide a safeguard in that if in fact the loss of life caused in practice by the exercise of the power to discharge firearms appears unwar- ranted, appropriate directions can by virtue of the joint effect of sub-section (2) of Clause 4 and the opening words of Clause 5 be given.
8. Apart from the giving of such directions, limitations. on the power to discharge firearms are imposed by Clause 6 of the Bill which accords with the common law rule that no greater force must be used in the discharge of duty than is reasonably necessary for its performance.
9.
It will be readily appreciated that guards will normally have no police experience and will often be persons of no great intelligence. It would be unfortunate if such men were to find themselves before the Courts on a serious charge merely because of an excess of duty committed in good faith. The Bill seeks to avoid this in two ways: first, by wording Clause 5 so that reasonable belief enables a guard to exercise the power and secondly, by placing the onus of proving that See a guard exceeded his duty on those who allege it. Clause 7 of the Bill.
GEORGE E. STRICKLAND,
Acting Attorney General.
68
No comments yet.
Private notes are available after approval.