PENALTY FOR CRIME.

Taranaki Daily News, 13 May 1921, Page 8

PENALTY FOR CRIME.

THE PROBATION ACT. PRISONERS SAFEGUARDED. In his charge to the grand’jury at the criminal sessions of the Wellington Supreme Court Mr. Justice Hosking reviewed several amendments made to the First Offenders’ Proabtion Act since it was first applied in 1886. The object of punishment in criminal law, said His Honor, was threefold —to deprive the culprit of the opportunity of repeating his offence for a given time, to instil into him and others a fear of breaking the law. and to promote a desire not to offend against the law again. It was along the line of trying to promote a desire to live a lawful life that changes in the law had been most frequently made. He reviewed the amendments to the law and said it was not until the recently-concluded session of Parliament that provision had been made whereby any person might be admitted to probation notwithstanding previous offences, but discretion was left with the Court. Probation might be granted in rqppeet of all offences short of murder, the only offence the punishment for which was death. The term of probation - was originally three years. That term had now been extended to five years. If the term imposed by the Court or the conditions were too severe, application might be made to the Prisons Board to have such term reduced or the conditions modified. “Judging by the small number of relapses that have taken place,” said His Honor, “the First Offenders’ Probation Act has proved an eminent success. It is to be hoped, under the law as it now stands, that further success will be achieved.”

Another material alteration made had regard to persons under sentence of imprisonment and their release by direction of the Prisons Board. Previously only such persons as had been sentenced as habitual criminals to indeterminate sentences, or those who had been admitted for reformative detention, might be so released, but the law had been amended and the Prisons Board now had power to release prisoners sentenced by the Court to a definite term of imprisonment Before the expiration of such term. Again, a prisoner, without going to the Prisons Board, might appeal against his sentence to the Court. He had several courses open to him if he considered an .injustice had been done him.

Such amendments and alterations showed the trend of public opinion in the matter of punishment for crime. It was also to be remembered that it was always in the power of the Crown to pardon a person convicted of a crime and sentenced to a term of prisonment. Thus with so many safeguards one would not apprehend that prisoners would have cause for complaint as to harsh sentences, or that if such sentences were passed that there were not opportunities for having them reviewed,