PROBATION LAW.
“NO NEW DOCTRINE.” HOW JUDGES~ARE GUIDED. PALMERSTON N., Aug. 9. The Supreme Court opened today. Addressing the Grand Jury, Mr Justice Hosting referred to the recent pronouncement of the Appeal Court concerning probation. He said the Court of Appeal had laid down no new doctrine. It had not laid 'down that every first offender should be released on probation. That everyone would be entitled to commit one theft was the . objection freely raised when the law was originated, but after the administration of the Act came to be experienced such a deduction vas found to be falsified. There had been no such result. There was no rale of practice to warrant it. the Court exercised judgment in regard to each case individually. .It does not admit probation without a report from the probation officer. His business is to enquire into and report upon the character and personal history of an offender; also, as to / any other matters affecting the offender that may be required. It was upon the same broad considerations, namely, the best interests of the public and the offender that the Court endeavours to guide itself in determining whether it snail or shall not adopt the recommendation of the probation officer. Probation officers knew the' recommendations are not invariably accepted. The ultimate responsibility is with the Judge. In an endeavour to reconcile the interests of the public with those of the. delinquent all the circumstances of a particular case as far as is known, such <is age,. character, and other circumstances personal to the delinquent, the nature of the crime, the prevalence of the offence, whether a position of trust has been abused, whether a deep design has been manifested or the offence is one of a sudden temptation—these and other circumstances of their combinations vary indefinitely, and the conclusion which one probation officer or judge may arrive at might, well differ in certain instances on the border line, but that probation is extended as a matter of course in every case of a first qffence is far from the case,. Certainly the Court of Appeal has not laid down any such, doctrine. —P,A.
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Bibliographic details
Gisborne Times, Volume LV, Issue 6153, 10 August 1921, Page 5
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358PROBATION LAW. Gisborne Times, Volume LV, Issue 6153, 10 August 1921, Page 5
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