Summary offences, which have been described as less serious breaches of the law, are to be contrasted with felonies and misdemeanours. These are more serious offences. They include murder, rape, manslaughter, robbery, wounding and other offences which are tried in the High Court before a jury of 12 persons instead of in the Magistrate’s Court without a jury.
In previous columns, we have explained that power has been conferred by Parliament on any member of the Police Force to arrest without a warrant any person who commits in his view any offence, whether summary or indictable. It is, however, the small minority of unlucky offenders who have the misfortune to be caught red-handed in the criminal act by a member of the Force. By far the great majority of offenders are not observed by a member of the Force committing an offence; they become suspects after the event and after an (ideally) thorough investigation has been conducted by the police.
Where the offence is summary in nature, the offender may not be arrested by a member of the Force who did not see him commit the offence (the single exception being where his
