PROBATION TO OFFENDERS

Otago Witness, Issue 3518, 16 August 1921, Page 24

PROBATION TO OFFENDERS

A JUDICIAL EXPLANATION. PALMERSTON NORTH, August 9. The Supreme Court opened to-day. Addressing the Grand Jury, Mr Justice iiosking referred to the recent pronouncement of the Appeal Court concerning probation. He said the Court of Appeal laid down no new doctrine, it had not laid it down that every first offender be released on probation, 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 came into force it was siiown that such a deduction was not correct. There had been no 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, wlioso business it is to inquire into and report the character and personal history of the offender. It was in tne best interests of the public and the offender that tho court should endeavour to guide itself in determining whether it shall or shall not adopt the recommendation ot the probation officer. Probation officers know what their recommendations are almost invariably accepted, the ultimate responsibility resting with the judge. All the circumstances of 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 circumstances of the case are taken into account. Tile circumstances and their combinations vary indefinitely, and the conclusion which one probation officer or judge may arrive at might well differ in certain instances, hut that probation should be extended as a matter of course in every case of a first offence is far from the case. Certainly, the .Court of Appeal has riot laid down any such doctrine.