RARE PRISON PENALTY

Wanganui Chronicle, Volume 76, Issue 288, 6 December 1933, Page 8

RARE PRISON PENALTY

PAYING FOR OWN KEEP ORDER UNDER AN OLD ACT MONEY FOUND ON PICKPOCKETS In addition to having to serve sentences of three months each, passed upon them at Blackpool, Lancashire, three pickpockets —one with an international reputation —will have to maintain themselves in prison out of their own pockets. They are William Thornton, aged 40. tailor, of Coventry; John Smith, aged 44, commission agent, of London; and Edward SoUins, aged 48, French polisher, of Manchester, who pleaded guilty to loitering for the purpose of picking pockets. After their records had been revealed to the Court, the chief constable, Air. H. E. Derham, asked the bench of justice to confiscate £45, which, the men had between them, so 1 that the cost of maintaining them iu prison would bo borno by themselves. “I make this unusual application,” added Air. Derham, “because they all said they were unemployed, but yet they had the money. Smith had £2O 10s, Collins £l7 10s 6£d, and Thornton £7 Is Id.” The prisoners asked that the money should be sent to their wives. One stated that he had eight children, another seven, and tho third three. When tho Bench granted the application, defending counsel asked on what authority it was granted. The Chief Constable: It is an old Act. Counsel: Well, 1 know nothing about it. Smith’s convictions, which went back to 1904, included one of three years’ penal servitude for larceny and receiving. He had also been sentenced to six months in Berlin for larceny. Thornton had been sentenced on numerous occasions since 1906, most, of his convictions being for loitering I and pocket-picking. Ho received a 1 14 months’ sentence in Dublin for taking £205, and had also been con- . vivted for frequenting, assaulting tho ‘ [police, and under the Prevention of Crimes Act. Collins’ convictions were for being a suspected person, loitering, being an t incorrigible rogue, and larceny. Ho j and Smith were last charged iu ( February of this year. Detective Evans, who arrested the men single-handed, was highly com- ( mended by the chief constable. “The ’ prisoners,” remarked Mr. Derham, ‘ “were working the tramcars, and it >peaks volumes for Detective Evans 1 that lie should tackle alone three men ( with such bad records. One man did escape, but the officer got him again. ” • i According to a. leading legal authority the action of the Bench in acceding to tho request of the Chief Constable that the money found on the prisoners should be used for their maintenance in prison is perfectly in order. The authority- said that assuming that the men were charged under the Vagrancy Act of 1824, the pro- < cedure was justified by the section 5, 1 George IY . chap. S 3, section 8. This 1

section, which consists of some 600 I words, is paraphrased in “Stone’s Justice Manual” as follows: “Any money found upon, or in the possession of, any offender may be applied toward the expenses of apprehending conveying to tho house of correction, and maintaining him therein; and if money sufficient for these purposes bo not found, the Justice may order his effects to be sold and so applied, and the overplus to be returned to tho offender. “Note.—The costs of conviction may be adjudged. (Summary Jurisdiction Act.)” That is to say, the costs of conviction may be taken out of su> h money, at tho discretion of the Justice.