PRISONS BOARD (ANNUAL REPORT OF) FOR 1944

Appendix to the Journals of the House of Representatives, 1945 Session I, H-20a

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1945 NEW ZEALAND

PRISONS BOARD (ANNUAL REPORT OF) FOR 1944

Presented to both Houses of the General Assembly by Command of His Excellency

Members of the Board The Hon. Mr. Justice Blair (President); Sir Donald McGavin, Kt., C.M.G., D.5.0., M.D. (Lond.), F.R.C.S. (Eng.) ; B. L. Dallarii, Esq. ; Theo. G. Gray, Esq., C.M.G., M.8., M.P.C.; and Ernest Edridge, Esq.

gj R 2nd July, 1945. I have the honour to forward herewith the report of the Prisons Board for the year 1944. I have, &c., A. W. Blair, President. The Hon. the Minister of Justice.

REPORT OF THE PRISONS BOARD For the Year ended 31st December, 1944 The Board has to report that during the year it visited each of the prisons, prison camps, and Borstal institutions in the Dominion. It dealt with a total of 974 cases at fifteen meetings held in Wellington and at the various institutions. The following summary gives details of the cases considered and the decisions arrived at: —

Cases dealt with Persons undergoing Borstal detention .. 367 367 Persons sentenced to reformative detention 271 271 Persons sentenced to hard labour .. 278 278 Habitual criminals for release or remission of head sentence .. .. .. 36 36 Habitual offenders .. .. Nil Probationers under Crimes Amendment Act 10 10 Probationers under Offenders Probation Act 12 12

Board's Decisions Recommended for release on probation .. 201 Recommended for discharge .. .. 1 Deferred for later consideration .. .. 165 Applications declined .. .. .. Nil 367 Recommended for release on probation .. 134 Recommended for discharge .. .. Nil Deferred for later consideration .. .. 130 Applications declined .. .. .. 7 271 Recommended for release on probation .. 167 Recommended for discharge .. .. 24 Deferred for later consideration .. .. 76 Applications declined .. .. .. 11 278 Recommended for release on probation .. 15 Recommended for remission of head sentence 3 Deferred for later consideration .. .. 18 36 Nil Recommended for discharge .. .. 3 Applications declined .. .. .. 5 Deferred for later consideration .. .. 2 10 Discharge granted .. .. .. 11 Modification of terms of probation granted 1 Applications declined .. .. .. Nil 12

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. The Prisons Board is required by statute to inquire into the oases of prisoners and Borstal inmates and to make to the Governor-General and the Minister of Justice such recommendation as it deems fit regarding the release on probation or discharge of such persons. The Board meets regularly, and frequently cases are reviewed several times before release or discharge is ultimately recommended. The Secretary of the Board is required to prepare and place before the Board a comprehensive statement of the circumstances connected with each case brought up for consideration. In making its recommendations the Board takes into consideration the very full particulars regarding the various inmates. This information includes the history of each case prior to sentence, conduct, industry, and general character as disclosed while in custody, and in any case where there is a suggestion of mental impairment, reports by psychiatrists. The Board also takes into consideration, among other matters, the individual's prospects of rehabilitation in the community, and frequently makes its recommendation subject to the acceptance of suitable after-care or employment, which is arranged. The Board has found it necessary in very many cases to make it a condition of release on probation that a prisoner released shall take out a prohibition order under the Licensing Act against himself. In fact, of the total number recommended for release during the past three years, approximately one-third have been " prohibited." A great number of prisoners say that their lapses from the path of rectitude have been occasioned by excessive indulgence in intoxicating liquors, and in most cases such statements have been verified either by the evidence given against them on their trial or by the reports supplied by the police and Probation Officers. There is no doubt that the success obtained is in a large measure due to the care taken in respect of these various matters. The Board desires in this connection to pay tribute to the very valuable work of the several after-care organizations and other public-spirited citizens, also to the co-operation of the Director-General, Mental Hospitals Department, and his specialists. That a certain number of inmates should succumb to temptation following their release from institutional control is not surprising. The majority have a great burden of past bad habits to carry, and most criminals have not a strong will-power. The number of cases considered by the Board during the year under review was 974-, as compared with 957 for the previous year ; while the number in which the Board recommended a remission of sentence increased from 521 to 559. If the statistics are compared with those of former reports it will be seen that the percentage of offenders who respond and evidently make good remains much the same from year to year. Of the total number released on the recommendation of the Board after serving terms of Borstal detention and sentences of reformative detention or hard labour, approximately 23 per cent, only have been reconvicted or failed to comply with the conditions of their release, while of the habitual criminals paroled since the Board was constituted in 1910, 57 per cent, have been returned to prison for non-compliance with the conditions of release or for further offences. During the year 12 probationers, as compared with 13 in the previous year, applied to the Board in terms of the Offenders Probation Act, 1920, for relief from the conditions of their probation, on the ground that they had abstained from crime and had for a substantial period lived as good citizens. Discharge was granted to 11 petitioners, and in the remaining case modification of the conditions was made. In accordance with practice, the Board visited during the year the main prisons and the Borstal institutions of the Dominion, and afforded every inmate who appeared before it an opportunity of making submissions in person. Where the petitioner showed diffidence or was handicapped in any way, sympathetic encouragement and assistance was given. The Board also viewed with interest and satisfaction some of the numerous activities of the Prisons Department. It is almost universally recognized that the most important factor in effecting the rehabilitation of the offender is the provision of continuous work of a constructive, interesting, and productive kind. Some years ago the Department made a departure from traditional workshops and task labour employments to productive agricultural and land-development work under healthy open-air conditions. The Department owns and operates by prison labour several large farms where inmates are employed in all classes of farming and husbandry. There are also land-development and road-maintenance camps operating on an extensive scale. In addition to these rural activities, a wide range of useful prison industries is also carried on. The building and repair work required at the various institutions is performed by prison labour under officer-tradesmen, and the Board has been pleased to note the interest in these activities manifested by the prisoners. Particular care is also given to the intellectual training of the inmates, both general and vocational, and especially in the case of young offenders. Adequate entertainment and recreation would seem also to be provided, and the food and clothing appear to be ample. The records show that the inmates leave the institutions fitter and healthier persons than they enter, indicating that health and general welfare are important considerations in the administration of the Department. General Since the Board commenced to function in 1911 no less than 32,777 cases have been considered by it. This includes prisoners undergoing sentences of reformative detention, hard labour, habitual criminals, Borstal inmates, and probationers for discharge from probation or variation of terms thereof. Dealing with these cases under the particular headings, the results have been as follows :— Reformative Detention.—During the period from January, 1911, to December, 1944, 6,065 prisoners were sentenced to reformative detention under the provisions of the Crimes Amendment Act, 1910. The number of cases that have been recommended for release or discharge is 4,949. In 676 cases prisoners were required to serve the full sentence imposed by the Court. Of the total number released after undergoing reformative detention, 24-75 per cent, have been returned to prison either for non-compliance with the conditions of the release or for committing further offences, 2-49 per cent, left the Dominion or absconded, 0-37 per cent, died or were transferred to mental hospitals, leaving 72-31 per cent, who have not further offended and who may therefore reasonably be assumed to have become useful and law-abiding members of the community.

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Hard Labour.—Since the passing of the Statute Law Amendment Act, 1917, which extended the scope of the Prisons Board to the consideration of cases of prisoners sentenced to terms of imprisonment involving hard labour, 7,631 cases have been considered by the Board up to December, 1944. In 3,703 cases the prisoners were released on probation or discharged prior to expiry of the full time on the recommendation of the Board. Of this number, 2,365 completed probation satisfactorily, 232 were recommitted for other offences, and 64 were still reporting on probation at the 31st December, 1944. Habitual Criminals. —During the period from January, 1911, to December, 1944, 718 habitual criminals were released on license on the recommendation of the Prisons Board. Of those so released, 57-65 per cent, were returned to prison either for committing further offences or for non-compliance with the conditions of probation. No offences are recorded against the remaining 42-35 per cent., and allowing for those who have left the Dominion or died, this leaves 21-75 per cent, who remain in the Dominion and have not further offended. Borstal Cases— Since the coming into operation of the Prevention of Crime Act, 1924, 3,623 young persons have been detained under this Act, either by original commitments by the Court or by transference of youthful offenders from penal institutions or industrial schools. _ There have been 3,391 inmates released on the recommendation of the Board, 3,141 being on probation and 250 on the expiration of their sentence. Of the total number released, 75 have been returned to the institution for non-compliance with the conditions of release, 386 were recommitted for further offences whilst on probation, and 637, or approximately 18 per cent, of the total released, have been sentenced for offences committed after discharge or on expiry of their period of probation.

Approximate Cost of Paper.—Preparation, not given; printing (740 copies), £5 ss.

By Authority: E. V. Paul, Government Printer, Wellington.—l94s.

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