PROBATION TO OFFENDERS

Otago Daily Times, Issue 18320, 10 August 1921, Page 7

PROBATION TO OFFENDERS

A JUDICIAL EXPLANATION!

(Peb Ukited Press Association.) PALMERSTON NORTH, August, .9. The Supreme Court opened to-day.'. ■ Addressing the Grand Jury, Mr Justice -line king referred to the recent pronounocmen of the Appeal Court concerning probation. He said In© Court of Appeal laid down, no new doctrine. It had not laid it downtfia 6 every first offender be released oh probe* tion, and that everyone would be entitled to commit one theft. This was an objection freely raised when the law originated,' but . after the administration of the Act earn* into force it was that such .a deduction was not correct. There had been jut, such result, and there was no rule in practice to warrant it. The court exercises its judgment in regard to each case, individually, and does not admit to probation without a report from the probation officer, whose business it is to inquire into .and report the character and personal history ot the offender. It was in the best interests of the public and the offender that the court should endeavour to guide itself' in determining whether it shall or shall not adopt the recommendation oi the probation officer. Probation officers fcn&w what tbeip recommendations are almost invariably accepted, the ultimate responsibility ; resting with the judge. Ail the circumstances erf a particular case, as far as is known, ■ such as age, character, and other circumstances personal to delinqeunt, 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 one of sudden temptation,, are considered. These and other ciroinnstahees of the case are taken into acoouilt. The circumstances and their combinations ■ vary indefinitely, and the conclusion which one probation officer or judge may arrive at might well differ in certain instances, but that probation should be extended sis a matter of course in every case of a firtt offence is for from the case. Certainty, the Court of Appeal has not laid down any, such doctrine. >