"THE COURT IS RIGHT"

Evening Post, Volume CIX, Issue 130, 5 June 1925, Page 7

"THE COURT IS RIGHT"

SUPPRESSION OF OFFENDERS' NAMES MAG ISTR ATES' .DJ SCRETIO3; AE V POWERS. (BY TELEGRAPH.—SPECIAL TO THE POST.) AUCKLAND, 4th June. "Tho Court is right and the critics are wrong," was tho opinion expressed by Mr. E. C. Cutten, S.M., in referring to the suppression of'tho .names of offenders convicted in tho Courts, in the course of an address to t-ho Chamber of Commerce. Mr. Cutten said that ho was awaro that members of the chamber had been considering a complaint regarding a Magistrate's action in acceding to a- recent request, for tho suppression of a name. 'Like most discretion as given to Mag•istrates, this power is realty not a discretion'at. all,'" .said Mr. Cutteu. "Our discretions have to bo exercised judicially, and if they -were not there is the Upper Court to keep a check. In.the -suppression of names a Magistrate must give weight to the facts of the case in "~ all. circumstances. I.have hoard it suggested that- Magistrates do not seem to have a unanimous or defined policy on this question, and that they should confer.and. formulate a. rule which could bo generally applied, Tho exercise of reasonable discretion in these cases is extremely burdensome, and no one would be as glad as the Magistrates themselves if a, rule could be made, but it cannot be done." The speaker said that if a rule could bo practically applied provision would have been made for it in the Magistrate's Court Act. That Act made a stipulation in tho case of juvenile offenders, but in other cases tho'Legislature threw tho entire responsibility on the Magistrates. There were apparent reasons why a general rule could not be made for the guidance of the Bench. The circumstances in. cases we're, so infinitely variable that they could not be embraced in a single instruction. '■ Mr. Cut-ten then quoted the following authentic cases -which had come under his observation and in which the circumstances called for wide application of discretionary powers. Several, youths who were just too old to be classed as juveniles appeared before the Court on a minor charge resulting from larrikinism. The boys were typical hoodlums, and were regarded as a nuisance ; m their district. Although the particular oftence was not serious, the Magistrate refused to suppress the-names", because it was- only right that everybody m the locality should know who the boys were, and would bo able to keep' them under observation.' • In another case a young man established a business. It was his career and livelihood He drove to visit a , friend who persuaded him. to drink more liquor than was reasonable. Leaving- for home ho was found in ln s vehicle in a state of. intoxication. Publication of this ' young mail s name would mean ruination 'of his business. Iho punishment would thus, bo out ot all proportion to the offence. in another instance a, young man was charged with a minor offence. His mother was lying ill at home, her one pleasure being to read the newspapers A doctor certified that the unfortunate woman s chances of recovery would be jeopardised if she learned of her son's piSsion W'S ObViOUS)y a CaSe {ov SUVIn yet another case a uewlv-marricd woman was dealt with for an offence of shop-hlUng committed before her marV^'t I ?¥>? bal.ltJ WM *™*ing hard to establish it business, and on" acrounfr of his uncommon name he would be iden-tified-immediately. Revelation of hL wife 8 ensgrace would have, meant ruin of an innocent man's prospects Mr. Cutten said that there were four v,V," SS * akeu into consideration when an offender applied for the suppression of his name.' Firstly, there Was the age of the law breaker. Then consideraUoiv had to be given to the fact of a first offence. Thirdly, the nature of lie crime had to be considered, and, lastly, great w ?lg ht had to be given to posublicitv 658"*6 pu"lshment" l'-esulting from "You must remember that in'tlie-a days punishment is reformatory, even it the deterrent effect has to be sacrificed to some extent," said Mr. Cutten. "We miist choose the lesser evil, and cannot return to the days when punishment br« tahsed the individual. To-day we grant probation when it is in the best inters ot the community. Only one-eighth of hose who receive this leniency come back wiUcL" liemcmbm «»* >en you In thanking the Magistrate on behalf ot the members of the chamber Mr A G. Lunu said Mr. Cuttcn's address had placed a d.ffercnt complexion on the mat- "' ' '