IMPRISONMENT FOR DEBT.

Waikato Times, Volume 118, Issue 19763, 19 December 1935, Page 11

IMPRISONMENT FOR DEBT.

' ' (To the Editor.) y Sir-All men may, In theory, stand equal’ before the law. In practice, in certain cases, there Is one law for the rich and another for the poor. A licli man may avoid imprisonment by pacing his fine or obtain bail beyond tho power of the poor. The New Zealand Howard Leaguie for i Penal Reform wishes to bring before your readers a Statute recently passed in England which aims, at removing the threat of imprisonment for the crime of poverty. The Statute in question—tho Fines and Debts Act—passed the Commons on July 26 last, and Is now law.

The main provision with regard to fines is contained in Section 1. Except for special reasons, to be stated at the time, a court, when it imposes a fine, shall not, at the same time, impose a period of imprisonment. A warrant of commitment in respect of default is not to bo Issued until the court has made inquiry, in the offender’s presence, concerning his means.

Section 2 enables examination of a defaulter’s means to be made in his own district if this is different from the district where the offence was committed. > Section 3 deals with cases of fines imposed in the absence of tho offender, who must then bo notified of tho amount of the fine und tho dare allowed for payment. Section 4 gives power to order detention for one day in the precincts of the court in cases where a fine lias not been paid. Section s.—The present law in England gives the court power In cases of persons under 21 to order “supervision” during the time allowed for payment. This power Is now extended to adults. Section 6 in regard to persons under 21 makes it illegal, except in exceptional eases, to commit them to prison for non-payment of a fine unless they have first been placed under supervision in respect of the fine.

Sections 8 and 9 deal'with orders enforceable as affiliation orders (i.e., affiliation orders and separation allowances). Before committal to prison there must he an inquiry as to means Before Imprisonment there must bo wilful refusal or culpable ncgloel. The court has power to remit payment.

Amongst the miscellaneous sections the most important is ihat which makes a written statement of wages paid, signed by the employer, prima lacie evidence of the fuels.

Now that England has shown us Hie vmy. is it 100 much to hope Dial New Zealand will make more liber-,1 Dm law concerning Imprisonment for non-payment of fines and debts"— XVe are, etc..

N'.Z. HOWARD LEAGUE Full PENAL REFORM II BENTHA.M. Hon. Secretary. Auckland, Decembw i~.