THE COMMON LAW POWER OF THE POLICE TO CONTROL PUBLIC MEETINGS

 

 

In O’Kelly v. Harvey (1882) 10 L.R.Ir. 285 (Q.B.D.). On appeal (1883) 14 L.R.Ir. 105 (C.A.)

"An officers paramount duty was to preserve the peace unbroken, and that, by whatever means were available for the purpose."

"The citizen’s right to assemble lawfully and unmolested is more important than police inconvenience."

Connors v. Pearson. [1921] 2 I.R. 51 (T<.B.D. and C.A.)

 

"Finally, it should be made clear that the police have no power of preventive detention."

 

 

 

VICTORIA POLICE ACT 2013 - SECT 51

Duties and powers of police officers

A police officer who has taken and subscribed the oath or made and subscribed the affirmation under section 50 has—

        (a)     the duties and powers of a constable at common law; and

        (b)     any duties and powers imposed or conferred on a police officer by or under this or any other Act or by or under any subordinate instrument.

 

j.1468-2230.1973.tb01388.x

 


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