VERY WEAK SPOT

NZ Truth, Issue 1079, 5 August 1926, Page 9

VERY WEAK SPOT

Ridiculous Anomaly In New Act

(From "Truth's" Special Chris,t;church » , Rep.) . ' ■•;■■- It „is a truism that no A.st of Parliament was ever 'placed on the statute-book which",' m its initial form, fulfilled tp the full the intention of the l-egislature. THIS applies to the new legislation prqvidinig for Children's Courts, and already serious gaps m the Act are showing 1 up. '. c Striking evidence of this was afforded m the case of a 17-year-old boy, Selwyn Baker of Christchurchr when he appeared for gen tence 'before 'the Judge on five charges of assaults, oni gir-ls. ; ' . i The boy— as regards age-r- was well within the scope of the protective provisions of f:he. Children's Court, but m 'view of the fact that his offences were outside the penal jurisdiction, off a Magistrate' (and therefore of the Chilr dren's Court), the lad suffers th,e fill} penalty of publicity. Thus has.' arisen a position '■ which the Act was expressly in^ tencjed to ayoid. When Baker appeared - before the judge, his counsel (Mr. C. S. Thomas) asked that the case be i-efejred back to the Children's "Court, the Minister of Justice having advised that it could deal' with it. ; ;' But here was the difficulty. Baker b&<i pleaded guilty m the lower court to the charges and merely figured m the higher court as a person for sentence and not for trial and conviction. / Problem For Judge • The problem confronting Judge Adams was this: Baker was not an accused person when he appeared for sentence. He was a convicted prisoner. Here, obviously, is a flaw m the Act that will probably be amendecj, In such cases as indictable offences, which are outside the scope of a Magistrate, the offenders must, m the natural prder of things* come befqre the Supreme Court, where they are not protected from publicity .as they are m the lower court. '■';'' This has.-been proved m Baiter's case, and the whole object of th.9 Act has been defeated. The , l-emedy would appear to b'e-r-' if the Act -is to be effective-rrfor the same protection as is given m the Children's Co.m*t tP be automatically carried forward to the higher court. That is to say, • m the event of a youth, of Children's Court age, having to be dealt with by a judge, he should be entitled to the same consideration with regard to publicity as tie would get m the Court belqw. • - Otherwise the new Act will bi ■. npthing more than a farcti

>J her evidence,' the* girl •naid she had ■ worked, for Mi?. an<J Mps. Sbuthee, .of Awatuna, for nine years, having been left m their care by her father. Tw p ■ years ago phe first met Braaghaw, whp , was farming Jn the di^trici;.