DEBT COLLECTING.

Press, Volume L, Issue 14974, 22 May 1914, Page 4

DEBT COLLECTING.

EESOET TO CRIMINAL FKOSECUTIOXS.

A QUESTIONABLE PROCEDURE

Iv the Christchurch. Alagistrate'Conrt on many occasions the *Majn's,t rate has commented severely on the. action of those who, after taking criminal proceedings against persons who have failed to account for moneys collected by them, havo withdrawn the charge upon | the amount alleged to have, beep misI approprim '-d being refunded. The position is that prosocutors of this class uso criminal procedure in order to obtain satisfaction in respect- to debts duo to them, 3nd to do so they enlist t-h'.> timo aud attention of the pohec authorities, and make use of the courts in a manner nover intended or contemplated. In some cases the prosecutors, in withdrawing the charge, give a-i their reason for bavins laid it the statement that they did not know where the debtor was to be found, and that the only way they knew of ascertaining his whereabouts was to lay a criminal chargo ngainst him. In a recent case the prosecutor asked to have the case withdrawn, and when asked why he. had putho caso into the hand* oi" the police he replied that it iva.s the only way ha could collect the money.

In order to ascertain, if posn'hle, if this particular method of uebt-coiiect-ing is on the increase, a representative of "'Tbo Press'" made enquiries amongst members of tho legal profession yesterday.

It was ascertained that as far as tha Lav.- Society is concerned it has not had tho matter brought officially before if, and a responsible member of the Society informed tho reporter that <*.-= far as'thc Society was concerned it bad no information as to whether or uot the practice was, increasing. One legal pr.~.e f .it.ic-i;er approached on the subject said that ho had no personal experience oi" the matter, but*he had no hesitation iv, saying that ike resort to criminal procedure tor the recovery of dobts o'lgbi not. to bo encouraged. He would be astonished, ho added, to hear that any reputable members of the profession countenanced tho adoption of such methods—that is, assuming that they \rcvo fully seized cf all the facts of the case. ' No individual had any right to resort to criminal processes to recover debts, aud no magistrate or justic'o ought to knowingly encourage creditors to use the criminal procedure for that purpose. Assuming that in the first instance the rosorc to criminal proceedings was properly taken, then such 'cases ought to ba £ono on with, and it should not be competent for tho debtor, at the last moment, tp make a compromise. "Mr "IV. J. Hunter, iv reply to tho reporter's said that he himself had not come iv contact with any eases such as ihoio recently -.before th© Courts. If a claim was properly a civil ono the appeal to criminal process was indefensible. As to how tho practice is to bo stopped, Mr Hunter said that it seomod to him that it lay to a large extent with the,magistrate, or justice, who was asked to issua either a summons or a-' warrant.in such cases. The;magistrate, or justice, ho thought, ought to satisfy himself that a bona fide criminal ca&c was. dieolosed before ho issued either a summons or -t warrant. This did not necessarily menu that there shoukl b3 r.ny sort of preliminary investifjatidn into tha facts of the particular case, but that those asked to issue, a .summons or warrant should b*e satisfied that the matter was a proper subject of a-criminal charge. There wero cases that (javo riso to both a civil claim and a criminal oharee, ana in such cns&s ho did not think that a magistrate or justice would be justified, in refusing to' issuo a summons or _ a warrant. The criminal proceedings *n such cases might be looked upon .as taken in too interests of tho community as a whole, and though it might be argued that such proceedings should bo taken only by tho police authorities, thoro was nothing to prevent private persons instituting such proceedings, and it was right that pnvato individuals sbJtild possess that right, because it was fpiito conceivablo that in.cases where criminal proceedings ought to be taken, the police for some reason or auothor might fail to take such proceedings. ~,... Asked if it would be advisable to enact that no criminal proceedings should bo commenced except by tho police, Mr Hunter said that ho , was hardly prepared to advocate that, hut he did think that in cases where the prosecutor had not-consulted tho police tho magistrato or justjeo asked to issue tho summons or warrant should bo careful to sco that a prima facto criminal esse was disclosed before he issued tha document. There existed a check on private prosocutors in such cases in that if a criminal prosecution was commenced without reasonable and probable, c&uso, and failed, the person accused might commence an action against the prosecutor claiming damages for malicious prosecution, and there was no doubt that.in a p-opsr case substantial damages would bo awarded. From ir formation gleaned from the police authorities it was learned that iv most of those criminal prosecutions for the recovory cf debts the prosecutors doaj direct with tho nohco without the assistance of members of the legal profession. Cases oro frequently occurrinE, and tho authorities, arer putting t-liß machircry of tho Police Department into operation, aro often let., in a very peculiar position owing to tho refusal of the prosecutor to tend ?r tho evidence necessary, or nptVTying to withdraw the charge. It wonW be, of coarse, com- ♦ Detent for the authorities ;to lay o 'fresh information, or to insist on th* ease heine heard, but if the principal witness—tho prosecutor—fails them, and declines to tetidor tho necessary evidence, tboir hopo of securing a conviction is extremely Misbt. The authorities aro consequently under tijo necessity of droning -further connexion with "tho matter, and havo to get "what, comfort they can out of tho fact that they have done their duty, no matter how the other party may have failed in his.