PROBATION.

Evening Post, Volume LXXIV, Issue 19, 22 July 1907, Page 3

PROBATION.

HOW THE ACT WORKS. DOES IT ENCOURAGE CRIME! SOME INTERESTING OPINIONS. Ihe First Offenders' Probation Act has been much discussed lately. The Post in a recent editorial article referred to it as having "passed through a long period of probation with exceptional credit," and added: "There is still a possibility that its benevolence may be turned to the injury of tbo community if it is too easily administered." AN AUTHORITTS VIEWS. i An interesting phase of the question was raised by a well-known, authority in 'criminal law when conversing with <\ Post reporter. He partinently asked : "How many first offenders novva,days are the victims of the operation^ of the Act by assuming that its clemency, will bo extended to them if they are, caught in their delinquencies?" In other ' words, bow many have been mado criminals by tho Act? One of the first fluestiont; a young man in trouble asks is; "Do you think I will get otf as a first offender?" Our informant maintains that the Act has long since lost its usefulness, and that many a well-connected 'young man would hesitate in committing a . trinie if he knew that his chances of escaping punishment were remote. Some magistrates preferred to convict a man and order him to come up for sentence when called upon rather than admit/ him to probation, simply because tho Probation Act, by requiring that the offender shall, at regular intervals, report himself "to tho prison authorities, keeps him ,in touch with anything but elevating " influences. Indeterminate sentences, (according to our informant, 6hould only a,pply to, tie cases of parsons who, owing to stress of circumstances c;r to sudden temptation, givp way to crime, nr to hardened criminals who commit petty offences in which no loss or damage results to others. Speaking of the application of the First Offenders' Probation Act, he said though judges had laid down rules in certain cases, tho operation of the Act in cases outside those was a matter of chance, and depended entirely upon the views enter, tamed by the courts. The consequence was that it was found that one class of first offender, because ha liappened to be a Government servant, Vas rigorously deal€ with by imprisonment. There ,were some offeudnrs who should never belong to the criminal chsu; tboy were well brought up, well circumstanced, aud well educated. They were -often taken in hand by well-to-do friends and the chance of relapse with them was reduced to a minimum. The requirements of tho Probation Act in these cases, .concluded the authority, did more barov than good. WHAT THE POLICE THINK. With a desire to ascertain the opinion of the polico on the matter, our representative saw Inspector Ellison. "I think it is a very excellent law," replied the inspector. "It "has a tendency to prevent, mauv men from 1 becoming habitual criminals." Snppositig; he added, a man committed oue offence and was convicted r*-4 placed upon his good behaviour by having to comply with the requirements of the Act ; he would be very likely to awaken lo a cense of bis own responsibility and rsfraili from going any further into crime. If such a poison were dealt with harshly and sent to gaol, ho wortld probably become wors?. "Even 'if a few do 1 take advantage of it," added Mr. Ellison, "it- is> just f.he pama in dispensing charity; it would be a pity' not to give the deserving ones a chance."" -Each case, he thought, must be judged on its merits, 'andj' upon the particular' circumstances surrounding it. And he was -of opinion that the ■ best perfepns to judge it were ths judge cr magistrate hearing the pase. A tood deal had been said vnlh- refeten.ee to probation and the men - convicted of thefts from warehouses. ' Ha ' did I not want to pacs an -opipion on thoso cases at all. People gave 'their ov/n views from thiir own standpoints. -Some interesting remarks eti 1h» sub jjaot were made \>y ' Chief- '•■Detective M'Grath in tho course of a casual'conversation. "Personally speaking," ho said, "I think the Act was never altogether necessary ; 1 think it was .possible to deal with crimi nils practically jn the j same way before it v.'as passed.", lie admitted that 'it had done some good, j and said it required to bo carciully ad- ■ , ministered ; it should by no means be a ' rule to allow every first offender the benefit of it; it should be the exception, certainly, and only used in cases where supervision would be useful. In other cases where it wss undesirable to send a prisoner to gaol he should be convicted and ordered to come up for sentence when called upon. The .Probation Act was 1 very rarely applied by Dr. M'Arthuf, S.M., and he thought that no magistrate in the colony had shown a better knowledge of criminals and their ways than his Worship. Criminals recognised that they could not "humbug him," and that if they - doserved a chance he woyld give it to them. The ■ Act probably had this good ; it gave effect to prevailing public opinion that a first offence should not necessarily bo punished by imprisonment. Prior to tho passing of tli" Aft it was a very tare thing for the Supreme Court to convict a man and order him to come up iov sentence when called Upon ; in Mr. M'Grath's quarter of a century'sexperienee he nejrer know of a case. Reverting to the question, "Does the clemency of the Act encourage crime ?" tho detective said, ""You ask any solicitor if he receives credit for setting a crirain?! probation on his first lapse, and you will find that he will tell you the criminal invariably a.iys, 'I knew I would got probation, if convicted; I wanted you to gei me off.' " '

Mr.' J. A. Gilruth, Chief Veterinarian to the Department of Agriculture and Pathologist to the Public Health Department, will roach Auckland early week on his return from Europe. Mr. Gilruth- has been absent from tlm colony i since December last. He has bpen studyIns; the latest developments in veterinary icionco and bacteriolocrv, and enquiring .»]«o into matters affecting the welfare of this colony's frozen meat industry so far as tho conditions under which the inspection of Now Zealand meat is carried pat in Great Britnin. It will bo interestIng to see if this latest investigation of Mr. Gilruth's into meat trade matters will cause him to modify tho opinions concerning it he has so often expressed in hk annual reports for years past, which have been more or less ignored by the powers that be. That Mr. Gilrufch is a practical agriculturist as well as a, capable administrator is a fact accep'tod by thoso most interested in the export trade of this country. He lias while on his visit to Europe amply demonstrated, however, that he has not allowed the otScial to efface the scientist, for as an appreciation of his scientific resoajchea: carried out, as they have been, solely for tlte boneGt ' of . this colony, lie has been elected a Fellow of the Royt/1 Society of liklinbuTgh, an honour pievioualy hsld by less th;ii» half a dozen mctnbaro of tlio veieiinary profession throughout tho whole world. Try Vitadatio, tho medicine- that cures. A powerful romedy in all diseases,arising from mi impure state of the blood. Try it. All chomists and stores, j 6s 6d and 3s 6d per bbttle. — Advt. i