NEW PENALTIES

Evening Post, Volume CXL, Issue 21, 25 July 1945, Page 8

NEW PENALTIES

MAN-POWER CONTROL

"A FORMIDABLE WEAPON"

"That power places in the hands of those in authority under the Manpower Regulations a very formidable weapon," said Mr. A. M. Goulding, S.M., in the Petone Magistrate's Court today when in a reserved decision he fined John Hogan, journalist, 29, £25 for failing to comply with a man-power direction.

Mr. Goulding was referring to the penalties under new regulations which provide for a fine of £50 or three months' imprisonment or both for failure to comply with man-power directions, and provide similar penalties for a continuing offence in respect of one direction.

"The question of penalty in this case has given me considerable concern," said the Magistrate. "Since Hogan was redirected to the woollen mills by the fresh direction on March 12 under the principal regulations, new regulations have come into force relating to punishment for offences. These new regulations came in on April 18, before Hogan's appeal against the new direction had been dealt with, and now provide for a penalty of three months' imprisonment or a fine of £50 or for both imprisonment and fine. They have also clarified the doubt which had been cast upon the old regulations "as to whether or not a continuing offence was committed from day to day so long as a person failed to comply with the direction. It is now made clear that to do so renders a person liable to further prosecution—and be it noted he can be both fined and imprisoned for each subsequent offence. That power places in the hands of those in authority under the Manpower Regulations a very formidable weapon. "It is not often that one , finds in the case of continuing offences power to do more than fine, usually so much per day. While the penalties have been made more severe with regard to male offenders under the regulations they have been made lighter with regard to female offenders, who can no longer be imprisoned at all. . "Hogan has consistently failed to comply with directions to industry. He had exercised very fully, with some success, his rights within the law against directions and against prosecution. That, I think, should not be held against him. "On the accused's side there is a sense of persecution; on the Department's a sense of frustration of its direction and the regulations. Guarding against anything on the part of the Court that would permit either view to prevail and treating this as an initial prosecution under the new regulations, I think the adequate penalty is a fine of £25 and I impose that."