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Statute Law Repeals - Law Commission - Ministry of Justice

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GROUP 3 - DUBLIN POLICE AND JUSTICE<br />

Police<br />

4.30 In 1808 the metropolitan district <strong>of</strong> Dublin was the basis for administering a police<br />

force whose principal purpose was to prevent the commission <strong>of</strong> crime in the city.<br />

The force was administered through the <strong>of</strong>fice <strong>of</strong> a justice <strong>of</strong> the peace. The<br />

district comprised six divisions, each having a local public <strong>of</strong>fice. 38<br />

4.31 The Dublin <strong>Justice</strong>s Act 1824 39 amended the previous (1808) Act by reducing the<br />

divisions to four and making various administrative changes. The 1824 Act<br />

empowered the lord lieutenant <strong>of</strong> Ireland to reorder the divisions and their<br />

supervision (now with three divisional justices), to extend the jurisdiction <strong>of</strong> the<br />

justices across four adjoining counties, to simplify the enforcement procedure for<br />

fines and enhance the licensing regimes (for liquor sales, gaming and carriage<br />

hire), to rearrange the nightly watch, and to authorise the appointment <strong>of</strong> unpaid<br />

special constables.<br />

4.32 By 1836 a more organised policing system was required for the city. The Dublin<br />

Police Act 1836 40 created the Dublin Metropolitan Police comprising a new police<br />

<strong>of</strong>fice, administered by two salaried justices (who later became police<br />

commissioners) working under the direction <strong>of</strong> the chief secretary to the lord<br />

lieutenant. The justices’ jurisdiction was to extend across Dublin (metropolis and<br />

county) and beyond to Wicklow, Kildare and Meath. The police force was to<br />

recruit “fit and able men” in sufficient number to preserve the peace, prevent<br />

crime and apprehend <strong>of</strong>fenders. The constables were to be given powers <strong>of</strong><br />

arrest and bail, subject to a code <strong>of</strong> conduct regulating their behaviour in <strong>of</strong>fice.<br />

4.33 The 1836 Act also put in place arrangements for raising moneys by local taxation<br />

and handling those moneys, for maintaining the police force (constables and<br />

night watchmen), and for providing the necessary infrastructure (watch houses<br />

and arms). These arrangements were varied a year later so that a police tax<br />

could be levied as part <strong>of</strong> the local rate. 41<br />

4.34 Further improvements to the tax collection arrangements were made by the<br />

Dublin Police Act 1839 42 which authorised tax collectors to enter rated properties<br />

by warrant and distrain on goods to discharge unpaid tax, and also enhanced the<br />

mechanisms for ascertaining the rateable value <strong>of</strong> properties. 43<br />

37 60 & 61 Vict. c.cvi (1897).<br />

38 See 48 Geo.3 c.140 (1808), now repealed.<br />

39 5 Geo.4 c.102 (1824) (“The 1824 Act”).<br />

40 6 & 7 Will.4 c.29 (1836) (“The 1836 Act”).<br />

41 7 Will.4 & 1 Vict. c.25 (1837). The 1837 Act has been repealed.<br />

42 2 & 3 Vict c.78 (1839).<br />

43 Two other provisions in the 1839 Act extended the jurisdiction <strong>of</strong> the divisional justices to<br />

hackney carriage licensing and enforcement, and made provision for the control <strong>of</strong> rabid<br />

dogs and other animals. The Act also addressed various ancillary matters, such as the use<br />

<strong>of</strong> fines to defray police establishment expenses, and the ability to adjust the metropolitan<br />

police district boundaries (a power vested in the lord lieutenant).<br />

144

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