PRISON RELEASES

Evening Post, Volume CXII, Issue 149, 21 December 1926, Page 15

PRISON RELEASES

BOARD'S PRINCIPLES

EXPLAINED

CASES OF BAUME, BAKER,

AND MACKAY

REPORT TO MINISTER

Following on the public outcry a» the l-esutt of the -Telease . of Sidney Erne Baume, and two other prisoners, Selwya Baker and Charles Evan Mackay, a demand . was made that the Minister o£ Justice (the Hon. F. J. Eolleston) should explain the system v/hieh the Prisons Board adopts iD recommending the release of persons sentenced to imprisonment or :ieformajtiS#S!,iit^fiition. Accordingly, .iMijiister asked the President or-the ■■"■Prisons Board (Mr." JuStice Stringer) for a report setting out the principles on which the, Board acts. The report was released for publication last night. Four subjects are dealt with'-'by the report: The constitution and functions of the Prison* Board as" denned by statute ; the method;"** ■^ocoduir* adopted by the board; in^ter^Aning.cases;. the -results-of--the l^MTi^^eraJipns; snd c|ses specifically ieferred io."~~ "' "■ ' ■';_'■ - Befer.ring to the item: 'detailed 'facts ofSfhe jadiWdual^cases specififeal|j& reJ^Tre^^F?' ,tho.;i-eport. states: "While respectfully submitting^ that the board >WW^W^ihil;~'ihtL>£-''iV is ■oen»titutionil,:lor);«p«a'' t?lfepw*';to be asked for, andj i^^j^jE^gSfSipg.; the grave objections'^-'f'aiioV^^njusiiic'ev-that might arise fronrtire publication of details of speci^fe:ciue», it was decjded, by the unanimous decision, of the full board, that, in order to allay the widespread public disquietude in consequence of certain ill-informed .criticism in respect of the "particular cases referred to, a detailed report on tfce facts that influenced the board in- recommending the releases ;.in question should be furnished. . "Although the board, in view of the exceptional circumstances connected with the cases now under review, is quite agreeable to the furnishing of details in respept of such eases, it is not prepared to assent to a general practice of furnishing detailed reports rel garding cases . recommended by tho board unless requested to do so by the Governor-General under the provisions j of sub-section (g) of section 12 of the1 Crimes Amendmeat Act, 1910, for His Excellency's guidance only." !

TUe constitution, of the board and its functions are reviewed at some length. Constituted under section 9 of the Crimes Amendment Act, 1910, the board's purpose a* defined by statute -is to consider—(a) The fitness for conditional release or discharge of habitual criminals and habitual offenders (i.e., persistent offenders who are ordered a ! modified form of indeterminate sentence under the Habitual Criminals and Offenders Act, 1908); and (b) the cases of prisoners under, a sentence of re- j formative detention prescribed by section 3 of the Crimes Amendment Act, 1910. THE REFORMATIVE ELEMENT. According to the report, the 1910 Amendment Act provided for statutory j recognition of at system of individualisation of punishment. It marked. the displacement of a system of purely retributive justice, and supplied a method under which the reformative dement: should be more stressed, without losing sight of the deterrent, effect, but at the same time providing: that duo regard should be paid to the interests of society without, altogether subordinating those of the individual offender. Section 12 imposed a duty on the board to inquire from timei to time whether" there was reasonable cause! for'belief that any habitual; o:r prisoner, ■ undergoing sentence of reformative detention, was sufficiently reformed to be released on probation or discharged, or whether there were au'y other sufficient grounds for releasing or discharging him; and in making any recommendation for release or discharge the board was to have regard to the safety of the public or of any individual or class of persons, and to. the welfare of the person whom it was proposed to release or discharge on pro-, bation. There was an implied understanding that, the term of sentence ordered by the Court was the maximum only, and.Judges had frequently indicated to prisoners tha'- the actual term of imprisonment would depend on their behaviour. The principle-also had been definitely laid down by the Court of I Appeal. ' RELEASE OK LICENSE. The report mentions the conditions provided to meet 'the ease of an of-1 fender failing to justify the considera- j tion extended to him, and states that release on license "is by ao means the grating of unconditional it is in effect a system of rehabilitation under certain/restrictions and appropriate oversight to meet the individual offender's need's." ' '

The scope of; the board's jurisdiction was extended op two occasions—Firstly, to provide for the consideration of the fitness for conditional release or discharge of prisoners sentenced to imprisonment with or without hard labour; and, secondly, to enable it to function under the Prevention of Crime (Borstal Institution Establishment) Act, 1924, as. a parole board for the purpose of recommending the release of Borstal detainee* under section 15 of the Act. That Act was specially designed to provide machinery for arresting criminal tendencies in: the,incipient stage; provision being made for the appropriate treatment of; youthful offenders who would be in danger of | contamination by close association with the inmates of the ordinary;'prisons,, | but who were not suitable fir industrial: schools. SYSTEM Or AFTEB-CABX. "Liberal provision is made under the Prevention of Crime Act for conditional release on 'license," says the report, "and an integral part of the scheme is a system of patronage or after-care to enable complete rehabilitation to be < effected on conditions as closely as pos- ! sible similar to those with which an offender would have to contend when his > release is absolute. There is an un- | avoidable artificial atmosphere ossociI ated with any form of institutional treatment which makes the system of | early conditional release, when such can Ibe made with safety to society, a most desirable feature of the Borstal scheme, This provision for release is contained in section 15 of the Prevention of Crime Act, which prescribes that .release on license may be granted at any time if there is reasonable probability that the offender will abstain from crime and lead a useful and industrious life. Under such license the person so released may at any time be arrested without warrant and returned to a Borstal institution. "The underlying principles governing the release of Borstal inmates are explicitly laid down by statute.: The aim and purpose in. respect-of such, cases is not to deter from crime by a system of prolonged punishment, but by rational treatment, rigorous discipline, and socialising influences, to prevent youthful offenders from becoming criminals. .; . During the five years ending 31st December last, 1363 lads

had been released from the Invcrcargill Borstal Institution, and of this number only 95, or 6,9 per cent., had subsequently appeared before the Courts. Of tho total casos from all Borstal institutions released on the board's recommendation since the coming into operation !of the Prevention of Crime Act, only [ 3.6 per cent, have again offended and j appeared before the Courts." | THE BOARD'S METHODS. The report furnishes the following explanation of the board's methods: — ! "The procedure of tho board is necessarily elastic, as in any attempt at iul dividualiaation of punishment, the wid-. ost powers must be conferred to enable j the board to make any inquiry it may j deem necessary. Sub-section 3 of section 10 provides that, subject to regulation, the board may determine its j own procedure. Tho regulations under ] the Crimes Amendment Act prescribe that the recommendation of the board shall be made to the -Governor-General over the signature of the president. Under tho Prevention of Crime Act, the.release on license of jfforstal inmates may be granted by the Minister of Justice, but in actual practice, ever since the coming into operation of that Act, all recommendations of the board have been made to His Excellency. "The regulations also require that the board shall, ,<as far as possible, give every prisoner eligible for consideration an opportunity of appearing before it and stating his case personally when the board visits each of the penal institutions once in each year. Persons undergoing sentence may make application to the board in writing, and the board may consider any case at any time-y. deems fit. The secretary of the buurd is required to prepare and place before the board a full statement of the circumstances connected with each case that is brought up for consideration. In actual practice it is customary for departmental flies to be produced, from which are .summarised extracts from the depositions, the evidence, and the prisoner's history and record, which contain the family history, showing mental and criminal tendencies, career of crime, mode of life, conduct and industry whilst in detention, response to previous treatment, if any, Magistrate's report, medical reports, police reports, and reports and recommendations of prison superintendents. The petitions of the prisoner and reports by relatives, friends and interested social worker* are also placed before the board. '' When reviewing each case the board invariably takes .into consideration the question of oversight and employment oil release, in many cases directing the secretary to write to interested persons likely to befriend or assist a prisoner and possibly prevent further lapse into crime: It is claimed that much of the success of the system is due to the care exercised in this direction. Frequently cases are considered several times before release or discharge is agreed upon, the aim in each case being the rehabilitation of the offender without; undue risk to the community. REFORMATIVE DETENTION. Under the heading of reformative detontion, tho report states that during the period from January, 1911, to December, 1925, 2780 prisoners were sentenced to reformative detention under the provisions of the Crimes Amendment Act, 1910. During that period, those cases were reviewed by the board no fewer than 6421 times, and the number of cases ultimately recommended for release or discharge was 2001. In 382 cases prisoners were required to serve the full sentences imposed by the Court. Of the total number released, 23 per cent, were returned 'to prison, either for non-compliance with the conditions of release or for committing further subsequent offences, 3 per cent, left the Dominion, or absconded, ■! 0.7 per cent! died or were transferred to mental hospital!, «tc, leaving 72.7 per cent, who did not further offend, i and who might therefore reasonably be presumed to have become useful and law-abiding members of the community. "Since the pasting of the Statute Law Amendment Act, .1917; which extended, the scope of the. board to the consideration of the cases of prisoners sentenced to terms of imprisonment involving hard labour,": continues the report, "1635 cases were considered,by the board'up to December, 1925. In 3,55 cases, prisoners' were released on probation prior to expiry of the full term on the recommendation of the board. Of this number 251 completed probation satisfactorily, while 35 were still reporting on probation on 3Jst December, 1925. • ; "SAVING NOT NEGLIGIBLE." "In the period from January, 1911, to December, 1925, the board dealt with 408 cases o£ habitual criminals, of whofli 344 were released on probation on the recommendation of, the board. Of those so released, 52.6 per cent, were returned to prison either for non-com-1 pliance with the condition of probation or for committing further offences. No offences are recorded against the. remaining 47.4 per cent., but the records show that 3.8 per cent, died or were transferred to mental hospitals, while 19.2 per cent, left the Dominion' or absconded. This leaves a percentage of 24.4 per cent, who have remained in the Dominion and have not further offended. Considering the intractable material dealt with, the resultant saving to the State, both in citizenship and expense, is not negligible. "Since the coming into operation of the Prevention of Crime Act, 1924, 413 persons have been 'ordered to be detained under this Act, which first became operative in January, 1925, either by transference, of youthful offenders from penal institutions or by original commitment by the Courts. Ninety de- ! tainees have been released en the recommendation of the board as follows: 59 on probation, 12 on remission, and 19 on expiry of sentence; 7.8 per cent. of those released were required to serve less than half the term, 71.1 per cent, served over half, but less than the full term prescribed, and 21.1 per I cent, served the "maximum term. ■Of [the total number of 90 released since the coming into force of the Prevention of Crime Act, only four' hare subsequently offended and appeared before the Conrts again, making a percentage of failures to date of only 3.6 per cent. CASE OP SBLWYN BAKER. Selwyn Baker (aged 17), was charged with committing indecent assault upon five different females (three of them young girls) ( on five different occasions between 27th May and 3rd July last. The nature of the alleged assaults, as deposed to by the witnesses, was almost exactly the same in each case. "It is open to very serious doubt," says the report, "whether the interference deposed to,, by the witnesses amounted in law to an indecent assault, and in any case was nothing more than the result of some obscure sex impulse, which at his age, and in the absence of proper advice and instruction, was not unlikely to develop. Baker, however, who had no legal' assistance at the time, pleaded guilty to the charges made against him, and it then became necessary for the Children's Court to deal with him. Inquiries were made as to the youth's general character, which wa» found to be highly satisfactory in every way. He was in employment in Christchurch, lived with his parents, and he had never exhibited the slightest tendency to indecencies of any sort. He was also a skilled musician, and was organist at St. Chad's Church, the vicar and vestry of, which had the highest opinions of him. As a result of these inquiries, it was the intention of the Children's Court to place.the youth upon probation for twelve months subject to the supervision of the welfare' officer. A technical difficulty, however, arose from the fact that the youth was charg-

Ed with an indictable offence upon which the Magistrate had no original jurisdiction to adjudicate. He was, therefore, compelled to commit tho youth to the Supreme Court for sentence in the hope and expectation that the Judge, in exercise of the express power conferred upon him by section 32 of the Child Welfare Act, 1925, would refer the ease back to the Children's Court, in which event the last-mention-ed Court would have jurisdiction to deal with the -case, and would doubtless have dealt with it in the manner already indicated. Unfortunately tlie case came before the Judge as one ill which a i youth had pleaded guilty to several charges of indecent assault, and the trivial character of the assault and the result of the investigations of the Children's Court do not appear to have been brought under his notice, with the result that he ordered the youth to be detained in a Borstal institution for a term not exceeding two years. Steps were immediately taken to obtain some mitigation of this sentence, and ultimately the case was brought before the Prisons Board. Representations were made to the board by the Eev. Maiden, vicar of St. Chad's, who took the keenest interest in the welfare of the youth, and by 'the vesti-y of St. Chad's, v/ho, with all the evidence before them, unanimously agreed to retain the youth's services as organist if made available. . . The social workers of Omstehureh with representatives of the Society for the Protection of Women and Children, and others, decided at a special meeting to ask' for immediate probation. On the material placed before if, tho Prisons Board was satisfied that the course intended to havo been adopted by the Children's Court was quite the most satisfactory method of dealing with the case, that it was in the best interests of the youth and not in any way inimical to society, and that hr r'lould be restored to the custody and care of his father, and be brought under tho moral influences of his friends (including the Rev. Mr. Maiden), who undertook to supervise and instruct him. The board therefore recommended his release on probationary license, and the reports of the probation officer on the youth's conduct since then fully -justify that course." • BAUME'S RELEASE. The report deals with the Bauine case as follows:— "In February last Sidney Erne tfaume, who was then 20 years of ace and a law clerk in the employ of Messrs. Chapman, Skerrett, Tripp and Blair, was convicted of having', in conjunction with a man named William Smith, obtained from the Post Office Savingg Bank three sums of money totalling £mo (the major portion of wnich was subsequently recovered) by means of false pretences. He was sentenced to be detained in a Borstal Institution for a period not exceeding three years. . . The jury, by their verdict, expressly found that Baume had engineered' the scheme by which the money ivas obtained, and the learned Judge who tried the case approved that finding. The jury also recommended Baume to mercy on account of his youth. In passing sentence the Judge (amongst other things) said that in his opinion the fraudulent scheme initiated by Baume was due to the latter/s 'vanity' rather'than Jiie 'cupidity.' In closing his address to accused the Judge said: 'I sentence you to be detained in a Borstal Institution for reformative purposes for a period not exceeding three years, which means that upon your conduct will depend the duration of your sentence. You will be under the jurisdiction of the body known as the Prisons Board, who have the power, and I have no doubt Hvill exercise it humanely and leniently, so that if your conduct there shows, as I feel pertain it will, sign* of a. desire to re-establish yourself, your sentence I have no doubt will be shortened.'

"Baume petitioned the 'board for his release, amongst other considerations urging that employment of a literary character had been obtained for him in Australia through the instrumentality of his brother, who occupied a responsible position there. .Consideration of this petition was deferred from time to time until 26th August, when the board as then constituted, being satisfied that the offender would abstain from further crime and would lead a ÜBcful and industrious life, unanimously—the only member absent being Sir George Ffinwick-r^-recommended that accused bo released upon probationary license, with permission for him to leave New Zealand in order to accept the employment offered, the board considering that it would be in his own interests that he should accept such employment and commence his life afresh .in a new

environment and under tlie supervision of his elder brother. This recommendation was given efleet to in due course. THE REASONS. "The reasons for the board's recommendation were:— "1. That the fullest effect should be given to the recommendation of the jury, and to the Judge's suggestion that he should be treated humanely and leniently. .... ' : ."2. That his conduct during h:s detention in the' Borstal Institution was highly satisfactory,.as evidenced by re: ports of the superintendent and the schoolmaster, the former of which w-ofc as foljows:-—' Conduct and industry ia institution good. The inmate .in. amenable to discipline, is manly in character, and has been a good influence among his fellow-inmates. He has assisted the schoolmaster, and has been a willing assistant in every way. In v-y opinion the inmate is not likely to offend again, and with his attainments further detention can scarcely improve his position. He is employed as a cleaner in the storeroom.' "3. That his punishment was severe in that, apart from the degradation of the conviction and sentence, ho was , barred from entering his profession, for which he had qualified himself by year* of arduous study, and in the practise of which :he had, owing to his intellectual ability, every respect of a successful and probably brilliant career. | "i. That a youth of his educational attainments, the training available at [ the Waikeria Borstal Institution was ! comparatively negligible. . , "5. That he had occupied positions of trust, both in societies connected with Victoria College and in the legal | ofiice in which he was employed, and had always discharged the duties of such trusts with honesty and uprightness. Testimonials in these respects and to his general good character from several representative citizens arc on Baume's file. "C. That it was in the best interests of the accused himself, and a'so of the j community, thttt he should bo allowed ! the earliest opportunity of making a fresh start in life." ~ 1 WHY MACKAY WAS RELEASE!). Deailng with the case of Charles Evan Mackay, ex-Mayor of Wanganui, tlw report states:— "Oii 28th May, 3920, this man pleaded guilty to a" «hargo of attempting to murder one, Walter D'Arcy Cresswell, by Bhootiug him, and wm sontenced by the Bigiit Hou. Sir Robert' Stout, then Chief Justice, to 15 years' imprisonment. At the time of the eommision of the offence, Mackay was 4$ years of age, and was a Heading bar; rigtcrand solicitor practising in Wangauui, of which town'be.wa,s then Mayor and had been so far. ten-cons-ecutive years. It appeared that Cresswell had discovered that Mackay had been guilty of indecent practices with young men, that he had interviewed Mackay on the subject on several occasions, and that he had insisted upon. Mackay resigning from his position as Mayor or otherwise he would expose him. In a written statement made by Cresswell some two years after, he was wounded, he says that at his final interview with Mackay,, wh.en the shooting took place, the latter was in ' a state of 'anguish and hysteria,' and that his 'mind was unbalanced.' It scpm3 clear, from a perusal of the evidence,' that the crime wag not premeditated, but was, as stated by the Chief Justice in paging sentence, 'an. impulsive act.' That Mackay, notwithstanding his high intelligence and great abilities, was. sexually perverted there can be no doubt. It was so stated by his counsel when pleading for mitigation of sentence, and it is clear that Mackay recognised this perversion, and,, had consulted both doctors and metaphysicians for\ treatment and' advice. ; '.'For some years' past petitions for Mackay's release have been made from time to time to the Prisons Board .by his relatives and friendi. These petitions, however, did not receive favourable consideration until June, 1926, when tho Prison*! Board recommended His- Excellency the Governor-Ger.erar to release Mackay on probationary license for the unexpired period of his sentence, with permission to leave the Dominion in charge of his sister, and to remain out of New Zealand during I the currency of his license. He was re ; j leased accordingly on 6th August, 1926, and immediately left New Zealand in charge of his sister, in accordance with the terms of his license. . I EXTEEMELY BE VERB FUNIBHj MENT. | "The decision of.the boards which . included the Judge: who had sentenced

Mackay, was based upon the following considerations:— "1. Mackay had already suffered extremely severe punishment in.that ha had (a) undergone(i| ycaiV imprisonment, which, to a man of his attain* meats, was not only' degrading, but must have produced intense suffering; (b) had been struck off. the rolls, and was permanently barred-from practising his profession; (c) had been made bankrupt, and his business and estate wound up; (d) had been divorced by his wife, and permanently . separated from his children. • .. "2. His conduct and industry in prison had beeu satisfactory. The c»«----trolling officers of the three prisMf— >■■' New Plymouth, Hautu, and Auckland —where he was for various periods detained—each reported favourably, and stated that his conduct in prison was exemplary. V "3. Signs' of degeneration, both in mind- n'nd body, were becoming more and more apparent, the superintendent of one institution specially referring tp. his failing niomory and health, and' it was considered that, unless he were granted an early release, he would become incapable of earning a living, and would become a permanent charge upon the. State. "4. That his jsister, ,an intelligent and. responsible woman of mature years, was prepared to take charge o? him and aecompauy him to- England, where' she undertook to, set him up in. some occupation jn-which he could earn an honest living in a new environment." '■' . ' . In;concluding its report the bond quotes from an. address delivered by the late Mr. C. E. Matthews, when Conti'oller-Gimeral of Prisons, to dhow that the procedure and policy outlined were in accordance with the definitely established prnctice of the board. '