IMPRISONMENT FOR DEBT

Evening Post, Issue 149, 20 December 1935, Page 3

IMPRISONMENT FOR DEBT

(To the Editor.) Sir,—All men may, in theory, stand equal before the law. In practice, in. certain cases, there is one law for the rich, and another for the, -poor. A rich man may avoid imprisonment by paying his fine or obtaining bail beyond power of the poor. 'The New Zealand Howard League for Penal Reform wishes to bring before your readers a statute recently passed in England which aims at removing the threat of imprisonment for the crime of poverty. The statute 'in question—the Fines and Debts Act—passed the Commons on July 26 last, and is now law. The main provision with regard to fines is contained in Section 1. Except for special reasons, to'be stated at the time, a Court, when it imposes a fine, shall not at the same time impose -a period of imprisonment. A warrant of commitment in respect Of default is not to be issued until the Court has made inquiry, in the offender's presence, concerning his meansl Section 2 enables examination of a defaulter's means to be made in his own district if this is different from the district where the offence was committed. Section 3 deals with cases of fines imposed in the absence of the offender,, who must be notified of the amount of the fine and the date allowed for payment. Section 4 gives power to order detention for one day in- the precincts of the court in cases where a fine has not been paid. ' Section 5. The present law in England gives the Court power in cases of persons under 21 to order "supervision" during the time allowed for payment. This power is now extended to. adults. - ■"■ Section 6, in regard to persons under 21 makes it illegal, except in exceptional cases, to commit them to prison for non-payment of a fine unless they have first been placed under supervision in respect of the, fine.. Sections 8 and 9 deal with orders enforceable as affiliation orders (i.e., affiliation orders and separation allowances). Before committal to prison there must be an inquiry as to means. Before imprisonment there must be wilful refusal or culpable/neglect. The Court has power to remit payment. Amongst the miscellaneous sections the most important is that which makes a written statement of • wages paid, signed by the employer, prinia facie evidence of the facts. ! Now that England has shown us the way, is it too much to hope that New Zealand will make more liberal the law concerning imprisonment for nonpayment of fines and debts?—We are, etc., - " " . NEW ZEALAND HOWARD LEAGUE FOR PENAL REFORM. H. BENTHAM. Hon. Secretary. Auckland, December 15.