H.—2o.

Although from the foregoing figures it will be observed that there has been an increase of 233 in the number of distinct persons received into prison during the year 1938, the following table shows that over the past five decades there has been a general downward trend in the number of commitments to prison in the Dominion. It should be noted that receptions for the purpose of these statistics cover all persons received under sentence, regardless of the shortness of duration, and include 543 persons received into police gaols and lock-ups. This fact should be kept in mind when comparing with statistics of countries overseas :— Y Ratio of Prisoners to 10,000 of Population. 1890 .. .. .. .. .. .. .. .. 38-61 1910 .. .. .. .. .. .. .. .. 32-45 1914 .. .. .. .. .. .. .. ..31-05 1932 .. .. .. .. .. .. .. .. 22-29 1933 .. .. .. .. .. .. .. .. 17-75 1934 .. .. .. .. .. .. .. .. 15-33 1935 .. .. .. .. .. .. .. .. 13-76 1936 .. .. .. .. .. .. .. ..11-36 1937 .. .. .. .. .. .. .. .. 12-52 1938 .. .. .. .. .. .. .. .. 13-84 Nature of Offences. The following table shows the nature of offence, classified under three main headings, for the past six years :—

For purposes of convenient grouping the offences are classified under the headings " Offences against the Person," " Offences against Property," and " Miscellaneous Offences," the last-mentioned being mainly offences against good order, and are sometimes styled mala prohibita as distinct from mala per se. They are generally of a more venial character than those in the first two groups. An examination of the figures for last year shows that there was an increase in the offences against property, but that the greater proportion of the total increase in the number of commitments comes under the group " Miscellaneous Offences," and it is interesting and significant to note that the increase under this heading is accounted for almost exclusively by two types of offence, which unhappily show an increasing tendency. One is for being " drunk in charge of a motor-vehicle," for which offence no fewer than 146 persons were imprisoned during 1938, as compared with 63 for the previous year, and the other is for default of maintenance orders which showed an increase of 55. Considering the improved industrial conditions and the higher wages prevailing, the increase under this head seems strangely incongruous. With regard to crimes classified in the group " Offences against the Person," it is satisfactory to observe that there has been a decrease in the number of commitments for offences of a sexual nature, particularly offences against children, but this decrease has been offset in the aggregate by an increase in the number of criminal assaults and negligent driving offences. With regard to offences against property, there have been fewer commitments for the more simple felonies, but the diminution in number in the group has been more than counterbalanced by an increase in the commitments for " breaking and entering," " fraud and false pretences," and " unlawful conversion." Whilst it is satisfactory to note that there has been a falling off in the number of commitments for non-payment of fines, it would still appear, having regard to the fact that no less than 540 persons last year were committed to prison for non-payment of fines, that the prison population is unduly swelled thereby, and there is no doubt the passing of the proposed amendment to the Justices of the Peace Act requiring Courts to have regard to the means of offenders and to allow time for the payment of fines will materially diminish commitments under this head. If the intrinsic gravity of an offence is such that the Courts in the first instance consider it can be adequately met by the imposition of a fine, then imprisonment should not ensue automatically simply because the offender has not the means to pay.

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I I v j Offences against Offences against Miscellaneous , ear " | the Person. Property. Offences. j oa. 1938.. .. .. 197 740 1,287 2,224 1937.. .. .. 191 675 1,125 1,991 1936.. .. .. 189 599 1,002 1,790 1935.. .. .. 175 887 1,096 2,158 1934.. .. .. 155 889 1,332 2,376 1933.. .. .. 196 1,048 1,487 2,731