HKK 14/15
Reference....
Mr Hicks:
Your
Arthur
2.
vreios are sought on paras 2(3) ¢ (6) of Sir
Gvatten. Bellen's misiute of
2
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9 January.
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10 March.
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at fe. and if
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help to save time, perhaps you
me.
ANG
11.3.69.
Mr. Gaminara
Section 11 (2)
I agree that there is no distinction in principle between section 3(1) and section 11(2) and consider that both should be amended to read "if such police officer reasonably believes". It should not be difficult for a police officer of inspector rank or above to make up his mind at a public meeting or gathering whether or not he has sufficient grounds on which to act. He will have many factors to assist him in this respect and with the comfort of section 53 supporting him he should be able to act quickly and decisively with no doubt in his mind about his powers. I think it is important in this type of case that the onus of showing that reasonable action was taken should rest on the police officer.
Section 19
2. In my view the "unlawful assembly" referred to in this section should be that as defined in section 18(1) and should not embrace the "unlawful assembly" (which I would have
preferred to have termed "unauthorised assembly") defined in section 12. I agree that under this section it would be possible for non-participants in a riot to be arrested with active rioters but once a riot has started I do not think we can expect the police to separate the two on the spot, and in the heat of the moment. I agree with the Commissioner's views.
Effect
L. A. Hicks
Deputy Overseas Police Adviser.
F.CO.
13 March, 1969
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