FIRST OFFENDERS.

Auckland Star, Volume LVII, Issue 111, 12 May 1926, Page 10

FIRST OFFENDERS.

SUPPRESSION OF NAMES.

PROPOSED AMENDMENT OF ACT

DISCUSSION BY JUSTICES. To discuss the advisability of suggesting an amendment to the Offenders Probation Act of 1920, a well-attended meeting of the Auckland Justices of the Peace Association was held last evening. The president, Mr. A. J. Strafford, was in the chair. Mr. D. Donaldson, vice-president of the council, said that there was a great deal of dissatisfaction in regard to the Offenders Probation Act, particularly in regard to its administration. There had been suppression of names when perhaps publication would be desirable. The council had gone into the matter, and had got some of the best legal advice available. They wished to see the amendment of section 9 of the Act. At present the Act left the suppression of a name to the stipendiary magistrate or judge, but it was not clear whether two justices sitting had any such power. It was a moot point. The Act was unfair, as every judge was a law unto himself. No standard was set, and every man had has own standard. Again, where one judge might favour suppression of a name, another might not.. The training of a judge through his life would influence the angle at which he would view a case when it came before him. On the other hand were an age limit fixed it might be unfair in the case of a man -who for forty or fifty years had been a good citizen, and then made one slip. If his name were published it might injured his business. The present Act was one of the most uncertain of any of the Acts, because of the different judgments of different magistrates. The greatest punishment was often publicity, as it might rain a man's business, and it should not be part of the penalty for a first offence. Suggested Clauses. Proceeding, Mr. Donaldson said that, the council recommended that the present Act should be amended as follows: (1) That the name of any first offender should not be published in any newspaper or other report of Court proceedings, and that no description of any first offender, his abode, occupation, or any words that might indicate his identity should appear in any such report; (2)" that notwithstanding anything in the previous section, the Court might, owing to the nature of the offence with which he is charged, or from any reason whatever, permit the publication of the name, address or occupation of any first offender, if it was of opinion thai it was in the interests of the public generally that the identity of such offender should be publicly known; (3/ that justices of the peace sitting as a Court should have jurisdiction under the Act; and (4) that section 9 of the Offenders' Probation Act should be repealed. A justice asked whether the suppression of names would apply to indictable cases sent on to the Supreme Court. The president said that that was the intention. Another justice said that a man acquitted in the Supreme Court wouH probably want his name published. Mr. R. T. Michaels said that a -weakness of the present Act was that, by publishing a man's occupation and where* he carried it on. it was often an indication who the individual was. Mr. C. Wheeler said that the spirit of the amendment was the suppression of names of first offenders, unless it was absolutely in the interests of the public that the names should be known. Several speakers said that the amendment was a step in the right direction. "Shifting the Boot." Mr. A. Rosser said that they wanted to "shift the boot on to the other foot." Was it intended to include murder? Voices: No. Mr. Rosser said that he agreed that, if it were decided that a name should be suppressed, there should not be any indication given as to who the person was. Again, where names had been ordered to be suppressed, they later appeared in the Supreme Court list for trial. He did not think that a magistrate's decision would be binding on a Supreme Court judge. Suppression of names was something that should be sparingly used, as publicity was the chief deterrent of crime. The old dictum and law of Moses was that the sins of the father would be visited on the third and fourth generations, but the present proposal would make it easier to do wrong, and harder to do right. At this stage Mr. Donaldson moved that the suggested amendment to the Offenders' Probation Act of 1920 should be recommended to the Government for favourable consideration. Mr. Donaldson added that they had information that out of 100 cases" where probation was granted, not ten came back to the Court, Some opposition was 6hown to the motion, and, after various amendments had been suggested, it was decided to refer the matter back to the council for further consideration.