JUVENILE OFFENDERS.

Otago Daily Times, Issue 13504, 30 January 1906, Page 4

JUVENILE OFFENDERS.

It is rather curious that the Minister of .Justice shoiild have suggested to the magistrates throughout, the colony the adoption of a prooedure, for which the law affords no sanction, in the treatment of juvenile offenders. The Depprtttimt_ itself recognises that the proposals which, the Minister desires to see carried into 'effect are . defective in this respect, for, while in one passage in the circular memorandum bearing upon' the subjecf: stress' is laid Upon the importance of avoiding auy contravention oi the lafr ii establishing any dew system oi dealing with 'child offenders, it is admitted in another passage that legislation will be Requisite to give the sngges-

tions full force. .This coiijderation need.not, .however,-lead us toyithhold from Mr M'Gowan the comnindation which is his due for the effpr, lie is milking to secure the adopt\oi of a humano nnd prnclelit system of ttyting persons of immature years wh\ : > arc charged before the police courtsVith breaches of tiio law. The practice Mjich ho suggests, or a modification* of it, \as, an li matter:of fact, already been \utinto force hy two or tlij'ee of tlio maji s . trntcfi, who have recognised the ndvii bjlity of saving child-offenders from, iimi ilio words of tlio circular, "th\ degrading influences and notoriety which arc inseparable from the administration of juslicd in criminal cases, more especially ill l.lio large centres of population." During tlio last' sossion of Parliament:, moreover, a iiseful Ilill, which the Government might advantageously have taken up, was introduced in tlio House of.Representatives by sfr Baume with j the object of legalising a' method of procedure somewhat similar to that now proposed by Mr M'Gowan. The wisdom of instituting a system under which youthful offenders may ho preserved fronj tlio danger of association with hardened criminals in the cells and in the courtsand under which their cases may bo investigated in conditions loss public thai those that are rightly regarded as ordinarily necessary to the pure administration of justice, will be widely recognised, There is nothing experimental about it: the system lias been introduced and tried elsewhere witli encouraging results. In New York, for example, a separate court for the hearing of children's cases only was established three or four years ago, and already it? is "said to be regarded as one of the best institutions of- that great city. " Enacted in 1903," we read of it, "the Now York Children's Court law provides that all eases involving the commitment or trial in any court of children, ac.tually or apparently, under the age 'of 16 years,, for any violation of law eball be heard'at suitable tinies, to be designated by the Court, separate from the. trial of other criminal cases. The law permits the presiding, justice to act as magistrate, trial, judge, and jury 'combined, as Well as to be a parentfor the time beiiig. The Court has been given these sweeping powers, in order that its actions nmy not be hampered by technicalities, but the most extreme punishment is within very reasonable bounds. This simple treatment safeguards rather than imperils the child's interests and liberties. After a. conviction the justice takes ample time to go thoroughly into the matter of environment, previous record, and family history. The- agents of the Society for the Prevention of Cruelty to Children, who render invaluable aid to the Court-, frequently take several clays to make these investigations?. .Pending a settlement of the case, the •child always remains in the custody of the society. Recognising the inhumanity of locking children in cells with depraved criminals, the laws of Npw York prohibit any boy or girl under the age of 16 years from being detained at a police station. Immediately on arrest- the children are handed over to the society, in tyliose establish-ment-nothing suggestive of the stat-ion-hdi'ise or goal is encountered.' Instead of barred windows and ponderous locks there are commodious, bright, and aiiy dormitories and recreation rooms, whilst' a certain measure of freedom is granted. The law requires that the, Children's Courts shall bedield in a building entirely separate and apart- from that itsed by any other Court. The scheme of isolation is now regarded as a most important feature of the general plan." 'lne system which Mr M'Gowan proposes does not go so far, in its details, as that which is in operation in New York, nor is it necessary, perhaps, that it should do so. "But of the humanity and desirahiltiy of >1116 institution of a plan providing generally for the separate treatment, of children against whrim offences are charged—for saving them, from tlio harmful influences of the lock-iip and of tlio police court atmosphere—we have no doubt whatever.