Constable - Definition - Law Dictionary Home Dictionary Definition constable

Definition :

Constable [fr. Comes stabuli, Lat., in the eastern empire a superintendent of the imperial stables, or the emperor's master of the horse, who at length obtained the command of the army], an officer to whom our law commits the duty of maintaining the peace, and bringing to justice those by whom it is infringed.

Provision is made for the abolition of the office of High Constable by the (English) High Constables Act, 1869 (32 & 33 Vict. c. 67), and of that of Parish Constable by the Parish Constables Act, 1872 (35 & 36 Vict. c. 92), which Act, however, still allows of their appointment in exceptional cases.

By the (English) Municipal Corporations Act, 1882, s. 191, in all boroughs to which that Act applies, 'borough constables' are appointed by the Watch Committee, but the (English) Local Government Act,1888, has, in the case of boroughs having a population of less than 10,000 transferred the appointments to the county councils.

In counties constables were appointed by the justices of the peace under 2 & 3 Vict. c. 93; 3 & 4 Vict. c. 88; and 19 & 20 Vict. c. 69, the County and Borough Police Act, 1856, by which provision was made for the consolidation of the county and borough police; but the (English) Local Government Act, 1888, has transferred the appointments to joint committees of the justices and the county councils.

The (English) Police Act, 1919, empowers the Home Secretary to make regulations as to the pay, allowances, pensions, conditions of service, etc., of all police forces within England and Wales, which regulations are binding on every police authority. The Act also makes provision for the establishment of an organization called the Police Federation for the purpose of enabling members of the police forces of England and Wales to consider and bring to the notice of the Home Secretary all the matters affecting their welfare and efficiency, other than questions of discipline and promotion, and further contains a prohibition against joining trade unions. By the (English) Police (Weekly Rest-Day) Act, 1910, a constable is to be off duty at least 52 days in the year, and as far as practicable to have one day's rest in seven. By the (English) Police (Appeals) Act, 1927 (17 & 18 Geo. 5, c. 19), a member of a police force dismissed or called upon to resign has a right of appeal to a Secretary of State.

Scotland.--See the Police (Scotland) Act, 1890 (53 & 54 Vict. c. 67), and the Amendment Act,1910 (10 Edw. 7 & 1 Geo. 5, c. 10); and the Police (Scotland) (Limit of Age) Act, 1914 (4 & 5 Geo. 5, c. 69).

Special constables maybe appointed by two or more justices of the peace under the (English) Special Constables Act, 1831 (1 & 2 Wm. 4, c. 41), on particular occasions, upon it being made to appear to them on the oath of any credible witness that 'any tumult, riot, or felony has taken place' in any place, and the justices being of opinion that the ordinary officers appointed for preserving the peace are not sufficient for that purpose. Under this Act very numerous appointments were made in november,1887, on the occasion of public meetings being held in Trafalgar Square, and in August, 1914, on the outbreak of the war with Germany; see the (English) Special Constables Act, 1914, as made perpetual and slightly amended by 13 & 14 Geo. 5, c. 11, and the (English) Special Constables Order, 1923, No. 905; and as to Scotland, the Special Constables (Scotland) Acts, 1914 and 1915. See Chitty's Statutes, tit. 'Police.'

Canals (Offences) Act, 1840 (English) (3 & 4 Vict. c. 50), provides for the appointment of special constables for keeping peace on canals and navigable rivers, see also POLIE and METRO-POLITAN POLICE.

The relation of master and servant is created by a railway company appointing special constables, Lambert v. G.E. Ry., (1909) 2 KB 776.

--Means a police officer of the lowest grade. [Delhi Police Act, 1978 (34 of 1978), s. 2(d)]

A peace officer responsible for minor judicial duties, such as serving writs and warrants, but with less authority and smaller jurisdiction than a sheriff, Black's Law Dictionary, 7th Edn.

Every prison officer while acting as such has all the powers, authority, protection and privileges of a constable, Pointing v. Wilson, (1927) 1 KB 382.