Circulation, 3,200 Copies Daily. TUESDAY, MAY 15, 1906. INTERPRETATION OF THE PROBATION ACT.

Manawatu Standard, Volume XLI, Issue 8189, 15 May 1906, Page 4

Circulation, 3,200 Copies Daily. TUESDAY, MAY 15, 1906. INTERPRETATION OF THE PROBATION ACT.

Wk are thoroughly in accord with the stitement of Ciiristchureh Spectator that Judges of five Supreme Court have done most excellent work of iate in dealing with first offenders. As our contemporary points out, for a number of years the Probation Act. was interpreted so very widely by the Supreme Court that it had almost become a cloak for shielding first (convicted) offenders from the shafts of justice. The result was that there was an alarming increase of criminals, especially of the loealgron n species, who apparently thought that it mattered little what they did— probation was fairly certain on their first appearance at Court. A change has, however, taken place, and quite recently three Judges—their Honors Edwards, Cooper and Denmston —have in that order sat up straight when applications have been made for probation, and have refused thera point blank, at the same time adding remarks which threw a bright light upon the movements of the judicial miud. At Dunedin, Justice Cooper refused to consider the view that an embezzler had been put in circumstances of temptation. He insisted that it was the duty of a man why was trusted by his emplover to resist temptation. That is a point all sensible rueu aud women will agree with. The man who caves I iu when a chance to commit a i crime comes along is a weakling, destitute of principle—-in fact, no man at all. At Christchurch, Justice Denniston has taken an even wider view, holding that both a man's occupation and his age are tit subjects for eonsideration by the Judge when probation is applied for. A man of fairly mature years is not to be regarded the same as a callow youth who Ims just left school; whilst a person who carries on one of those peculiar employments just ou the borderline of criminal medical practice ; is not to be regarded as "a whiteheaded boy " when he comes up on a criminal charge. The inference from his occupation is that he is already a fairly " seasoned " individual, and that his digestion is not a delicate one. Altogether, I he Spectator is of opinion that "the new interpretations, which have materially hardened up the Probation Act, will do a vast amount of good. While the good features of the Act remain unimpaired, in giving the youthful offender "overtaken in a fault'" a chance to retrieve his position, the recent decisions of the judges show clearly that where clear criminal intention is shown, and such experience of life as justifies the idea that the

criminal : clearly knew whit he w*« doing, tKc punittre laws are to come in full force. Thu# the law will continue to be " a terror to evildoer#/' as it certainly «hould bo.