THE PROBATION ACT.

Star (Christchurch), Issue 6379, 26 October 1888, Page 3

THE PROBATION ACT.

A RECUSANT PROBATIONER. In Banco yesterday morning Mr J. C. Martin, Crown Prosecutor, colled the attention of Hia Honor Mr Justice Ward to a case of an unusual kind connected ■with the working of the First Offenders Probation Act. In fact, he said, this was the first case of the kind which had as yet occurred. A man named James Buckley, who had been on April 9 of this year convicted of stealtog a cheque for ,£B, had been placed, on probation for three years, .and ordered to pay .£lO towards the costs of the prosecution. He had received his probation license, but had made default in reporting himself to the ProbationOfficer, and paying the monthly instalments of the £10. He had, therefore, been, arrested trader the provisions of the Act,' but the difficulty was what to do with him now that he was arrested. The clause of the Act bearing on the point was the twelfth, which was as follows : — "Any offender placed upon probation by a Court and failing to comply with, or conducting himself in a manner inconsistent with, the conditions of his release, may be re-arrested by the Probation Officer of the district wherein the offender is residing, or at the verbal or written request of such Probation Officer, or by any other Probation Officer or constable in any part of the Colony, without further warrant, and again brought before the Court where he was originally convicted, and such Courb may, after taking the evidence of the Probation Officer, and considering the record of the facts at the trial or hearing adduced, or any other evidence, may thereupon commit the offender to prison for any period allowed by law in respect of the offence whereof he was originally con--victed, or again release him on probation on such terrn3 as it shall think fit." Did the clause mean that the prisoner was to be brought up at the next sittings of the Supreme Court for the trial of criminal cases ? His Honor said that surely the Supreme Court had jurisdiction ; it was scarcely necessary to wait till the criminal sittings. Mr Martin said of course the Court had universal jurisdiction. Would his Honor fix a time to deal with the matter ? His Honor fixed three o'clock. THE PRISONER DEALT WITH. At three o'clock Mr Donaldson brought James Buckley before the Court. Mr Martin called the following witcesses :— Andrew R. Bloxam, Registrar of the Supreme Court: Produced the record of the trial of James Buckley at this Court on April 9, ISBS. He was indicted for stealing from the person, found guilty, and placed on probation for three years, subject to paying i>lo costs of prosecution by monthly instalments of 15s. James Donaldson, gaoler at Addington, and Probation Officer for the Christchurch district: The person in custody was the man named in the indictment produced by the Registrar. When Buckley was released witness gave him a license. Buckley had not fulfilled the conditions of the license. He had left the district without witness' permission, had failed to report himself to witness on Sept. 24 last, and had failed to pay his instalments for the last five months. Buckley had been re-arresfced on Oct. 23, and witness received him at the Addington Gaol on Oct. 24. To Buckley : I got a letter from you in August last, through Constable Johnston. You were ordered to report to me personally on the fourth Monday in each month. I received no report on the fourth Monday in August. Buckley : I reported myself to the police at Blenheim. Witness (to his Honor) : I received the letter on Oct. 10. It was in pencil, and without any date. It said he (Buckley) >iad been in Blenheim, and was on his way :to Nelson. That was six days after he was due for report. I waited four days' grace before I reported him to the police. Buckley (in reply to his Honor) : Had not tried to evade, but had reported himself to Constable Johnston at the Waiau. He had not thought it necessary to get his license endorsed. Had left the district to seek employment. In the back country was at a great distance from any police station, Mr Donaldson (to his Honor) : There was nothing against Buckley except his failing to report himself and non-payment of the instalments. Had heard nothing againat him from the police. Had given Buckley every latitude. Buckley (to his Honor) : Had notdon&a week's work, though he had travelled 200 .miles. Had met men in half-scores looking for work and unable to get it. Had been up the East Coast, the other side of .Blenheim. Mr Donaldson : Buckley could travel all ■over the country if he got the proper- : authority. Buckley : Had lived by travelling : through the stations. Hiß Honor : " A Sundowner." Mr Donaldson : Buckley had paid nothing of the £10. A friend had paid the first instalment of ISs. He (Mr Donaldson) had not the least doubt that Buckley was willing to work if he could get work. Mr Martin hoped that the present proceedings would act as a caution to Buckley, who ought to have no difficulty in getting work now that the shearing season was at hand. He (Mr Martin) did not wish to unduly press against the man, but wished to disabuse people of the idea that the conditions of probation could be treated with contempt. Buckley : lam sick and sore with travelling. Farmers have plenty of employment for men, but nothing to pay for it. His Honor : Men often spoil their chance of employment by asking exorbitant wages and refusing to work with them. Buckley : I prefer to go to gaol. Mr Martin : I can give the man employment for-fcwo or-three days. Buckley : I shall be very'thankf ul. His Honor cautioned Buckley that hissentence would have to be worked -out in full if he did not comply with the conditions of the probation. He might go. JIOW. Buckley: Thanks, your Honor. Hig Honor directed a new license to be issued,. Buckley to begin his three years'" probation from the present date.