CHILDREN'S COURT

New Zealand Herald, Volume LXX, Issue 21640, 4 November 1933, Page 10

CHILDREN'S COURT

The comments of Mr. Justice Smith in giving a judgment overriding action taken by the Children's Court some eighteen months ago are fully warranted in their severity of condemnation. It is clear from the facts of the case that the Children's Court went beyond its statutory powers and that its proceedings in this unfortunate instance have been rightly annulled. The whole episode is regrettable, however it is viewed. Especially to be regretted is the disrepute into which the Children's Court may be brought. It was intended to serve a useful social purpose, as an institution providing a salutary check on youthful misdemeanants in peril of drifting unaware info a criminal career. Nothing but good was in the intention, and this has been frequently achieved. But those responsible for the work of the Court have had placed upon them, by the methods prescribed, an obligation to do all things with tact and discretion. They are without the check that publicity usefully provides, and consequently are all the more pledged to conduct every hearing with full regard to the limits of their powers as well as with a due sense of their responsibilities to the misdemeanants no less than to the community. In this instance there was lamentable neglect to act within the law, with results that arc to be deplored. The fact out of which the particular case arose need not be discussed; it is the proceeding taken that is now of moment and concern. It may have been well-intentioned. That is a matter of opinion. But there is no possibility of argument in defence of what was done in excess of powers, and the likely effect of this in shaking public confidence cannot be overlooked. Probably, after the strong condemnation uttered by Mr. Justice Smith, scrupulous care will be taken in future to see that all proceedings are kept strictly within the limits of jurisdiction. They certainly ought to be. If not, drastic steps will be, necessary to obviate abuse of a very serious trust, reposed with special reference to the capabilities of all officially connected with the Court. Failure on their part to act in accordance with responsibility must react prejudicially on the good work they are expected to do.