Miscellaneous | The Minister of Safety Case

When the police arrest someone they have a discretion whether to lock them up before taking them to court, or simply to give them a warning as to when they should appear in court. The Minister of Police was in a quandary. A more tender judge had stated that this discretion was being abused and far too many people were being locked up when they should simply have been asked to appear in court. A tougher judge had leant strongly in favour of not interfering with the way the discretion was exercised on the ground, on the basis that a night in jail could be just what a drunken, rowdy reveller needed. The Minister of Police asked the Court for guidance. Writing for the Court, Justice Sachs pointed out that every police officer was given a document that set out extensively what the factors were that should be taken into account in whether or not to lock up accused persons or simply warn them to appear in court. The Court would not wish itself to try to improve on the document. It was not in the business of providing advice to the police as to how they should carry out their functions.