PROBATION.

Waimate Daily Advertiser, Volume XXI, 11 August 1921, Page 5

PROBATION.

CASE OF FIRST OFFENDERS. JUDGE HOSKING’S VIEW. (Per Press Association— Copyright). PALMERSTON N-, August 9. The Supreme Court opened to-day. Addressing tho Grand Jury, Mr Justice Hosking referred to the recent pronouncement of the Appeal Court concerning probation. Ho said the Court of Appeal laid down no new doctrine. It was not laid down that every first offender could be released on probation. That everyone would be entitled to commit one theft was the objection freely raised when the law originated, but after the administration of tho Act came to be experienced such a deduction was found to bo falsified. There had been no such result. There was no rule or practice to warrant it. The Court exercises judgment in regard to each case individually, and does not admit to probation without the report of the probation officer. His business was to inquire into and report upon the character and personal history of the offender and as to any other matters affecting the offender which may bo required. It was upon the same broad considerations —namely, the best interests of the public and the offender — that the Court endeavours to guide itself, determining whether it shall or shall not adopt the recommendation of the probation officer. Probation officers know that their recommendations are not invariably accepted, and that the ultimate responsibility is with the Judge. In the endeavour to reconcile the interests of the public with those of delinquents all the circumstances of the particular case as far as is known, such as ago, character, and other circumstances personal to the delinquent, the nature of the crime, prevalence of the offence, whether a position of trust had been abused, whether a deep design had been manifested, or the offence was one of sudden temptation—these and other circumstances of the case were taken into account. Circumstances and their combinations vary indefinitely, and the conclusion which one probation officer or a Judge may arrive at might well differ in certain instances of a border line; but that probation was extended as a matter of course in every case of a first offence was far from the case. Certainly the Court of Appeal had not laid down any such doctrine.