FINING MOTORISTS.

Auckland Star, Volume LIX, Issue 285, 1 December 1928, Page 12

FINING MOTORISTS.

TAGGING SYSTEM SUPPORTED

"VOLUNTARY" APPEARANCE

URGED.

PREVIOUS TRIAL IN SOUTH,

Stout support of the suggestion of Messrs, G. Li. Hogan, chief traffic inspector, C. F. Bennett and Geo. Hutchison, secretary of the A.A.A., that a more expeditious manner of fining motorists for trivial offences be intro* duced to Auckland is given: by Mr. W. W. King, an Auckland solicitor wfio had over 10 years' experience with, the Justice Department. He describes the system which was in operation in Pulmerston North some years ago. "When a person was seen by a" constable committing a trivial offence against the by-laws he was asked if he would appear voluntarily at the Court: on the next Tuusday. A charge sheet wa» com-

piled by the police every Tuesday morning, and given to the clerk of v the Court before the Court sat; The offenders appeared; and, on conviction*, were 'fined and ordered to pay 2/ hearing fee. All other fees of Court

were not payable,

an - information had not been laid. If ' the offender did' not appear, then a summons was issued in the ordinary way but this seldom had to be done, for tlie offender knew that if he did not appfear in the first instance he would later have to pay further costs," said Mr. King this morning.

He added that the system worked well, and all the money collected from offenders, with the exception of 2/ in each case, was paid eventually to the local authority concerned. He did not know why the system was stopped, but the Justice Department, although its officers were saved' a considerable amount of labour in preparing summonses, loSt a considerable amount of revenue by its operation. Simple and Inexpensive.

Mr. King endorsed the opinion expressed in the- "Star" last night, for he W*s sure the public felt that simplicity and inexpensiveness is most desirable in lßg*l procedure. "There seems to be no reason why * payment under the proposed schedule should not be regarddd as « conviction, because, if the alleged offender denied hte guilt, he could have the. option of appearing 'voluntarily* on (the next day the Court was hearing by'fcw'qwes- or of being summoned in the uSUaI way. If he appeared 'voluntarily' he could then place the matter before the Court for decision upon payment of a* hearing fee of, say, 5/ if he was convicted; The traffic department could supply to the clerk of Court on the morning of one day a week a list of 'voluntary' appearances,, in the same manner as the' police now supply a daily charge-sheet fbr a somewhat lower class of society. JtJnder such a system the matter could be ! dealt with by the Court witlfin a week" of the copimission of the offence. Of course, the chi<jf traffic inspector should have a discretion to bring an offender before the Cn-.rt if he considers that a payent under the schedule Would be an insufficient penalty under the circumstances of the case," declared Ur, King.

Iftplrflirr Aspect.. ,fik ■ another aspect,? said Mr. King. "The- system of a local authority collecting fines direct under a- schedule tor breaches of - its own by-laws effects of public expenditure than at first, apparent- At present local authorities' receive the amount of fities inflicted for atotttfehof their respective by-laws. paid to the clerk of Court, whe that proceeds to the Stamp Department to purchase a stamp to the value of the fine to affix to his criminal' record* book. At the end of each quarter" he cotnpilfes a detailed H«t of fines payable to focal bodies: This list, which iff the-case of"cities is a very formidable document, is, forwarded to the Justice Department in Wellington, who in turn forwards it'to the; Treasury Department:

"The Treasury then analyses the numerous lists and forwards a cheque to each- local authority concerned for the amount of the fines to which it is entitled. In a number of cases local authorities- receive the cheque after the lapse of anything up to six months after the conviction of the offender. Audit Department also has to audit the criminal record book periodically, and no doubt the town clerk checks the fact that he. has received all the fines he is entitled to. By the proposed change the above circumlocutionary system at present in operation would be obviated, and the same result achieved.

«r see no objection to the proposals providing suitable legislation is enacted, and -r feel' sure that the public would welcome a system that would save- it hcth time and money. It appears that the present system is economically unsound, and is another example of the unnecessary overhead charges which the public is called upon to bear,"' concluded Mr, King.