CONFIDENTIAL REPORTS.

Auckland Star, Volume LVI, Issue 285, 2 December 1925, Page 10

CONFIDENTIAL REPORTS.

SUPPLIED TO JUDGE. MR. DICKSON PROTESTS. I TRIO OF YOUNG MEN SENTENCED. "I am very much handicapped in appearing for this man by the fact that the court is generally supplied with a police report and probation officer's report, which I have no opportunity of seeing beforehand," said Mr. Dickson in the Supreme Court this morning, in making a plea for William Andrew Somerville, who. with two other men, came up for sentence for attempted breaking and i entering. | "Has'he been out on bail?" queried the ■Chief Justice (Sir Robert Stout). Mr. Dickson: Yes, sir. The Chief Justice: Then you have had an opportunity of getting the facts from him. Mr. Dickson: I understand, sir, that the ruling of other judges is' that these reports are confidential. If that is your Honor's ruling, of course, I cannot see the reports. A copy of the police report is supplied to the court, and counsel now have no opportunity of replying to anything against the man contained in it,"and a man can make no answer to any innuendo. The Chief Justice: I always read it to see if there is anything against a man. Mr. Dickson: May I understand from your Honor that we are entitled to see the police or probation officer's reports? Tlie Chief Justice: I'm not influenced by the police or probation officer. I just look at the report to see if there is anything. In this case there is nothing in it, except that it shows this as the fourth time the man has been in trouble. Mr. Dickson:- I respectfully suggest that a man should not have a report put in against him, without seeing it, or having an opportunity of answering it. The Crown Prosecutor (Mr. V. R. Meredith) said that any solicitor applying to him for particulars of what the reports contained could have them. When anyone had asked him, he had always supplied the information. He had never refused anyone yet. Mr. Dickson: Quite true, but the judges have ruled that the police report is confidential. The Chief Justice: That is so. In making a plea for Somerville, Mr. 'Dickson said he was only 22 years of age, and there was a chance for him vet.

Reading the papers, his Honor said that in 1020, prisoner had been sentenced to three years' reformative detention on nine charges of theft. Now he came out and with two others started breaking and entering; In the old days, his Honor remembered, men never got less than seven years for that. Mr. Dickson: They used to hang a man for sheep stealing. No community could allow three men to start out breaking and entering and robbing people's houses, said Sir Robert Stout. "I suggest that the possibility of reformation is still left in this young man's character," urged Mr. Dickson. "I . may try him on reformative detention again," said his Honor. Mr. Gatenby urged leniency for Reginald Stanley Milton Trainer, whose past record showed him to have been honest and hardworking. "I understand his employers will keep him on if he gets probation," observed his Honor. "This man Dodd, if your Honor pleases," began Mr. Singer, in appearing for the third man, Charles Frank Dodd. "Look at his record," commenced the Chief Justice, reading out the list. "I don't n*ed to look at itj.-I'v. hoard it, and that's enough," said Mr. Singer, laughing. It was unfortunate that he had a record, counsel admitted, but the prisoner was not yet 19, and had been led astray by the bad example of others. "Do you think he has been influenced wrongly?" asked his Honor. "Of course, you know that all criminals are fools." "I was going to ask your Honor to send him to the Borstal Institute, rather than to gaol. That is what his parents —most respectable people—desire," urged Mr. Singer. "Somerville, your sentence will be three years' reformative detention, and I want to warn you that next time you are in trouble, you will very likely get such a sentence as will astound you! Trainer, you will get three years' probation, and you must avoid association with such men as have been responsible for your being here to-day. You will be prohibited from visiting hot-els and racecourses. Dodd will be "sentenced to two years' reformative detention in the Borstal Institute, if the Borstal will receive him."