OFFENDERS PROBATION UNDER OFFENDERS PROBATION ACT, 1920, AND CRIMES AMENDMENT ACT, 1910 (REPORT ON OPERATION OF), FOR THE YEAR 1930-31.

Appendix to the Journals of the House of Representatives, 1931 Session I-II, H-20b

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1931. NEW ZEALAND.

OFFENDERS PROBATION UNDER OFFENDERS PROBATION ACT, 1920, AND CRIMES AMENDMENT ACT, 1910 (REPORT ON OPERATION OF), FOR THE YEAR 1930-31.

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

The Hon. the Minister of Justice to His Excellency the Governor-General. Sir,— Wellington, 6th August, 1931. I have the honour to submit to Your Excellency the report of the Chief Probation Officer on the operations of the Offenders Probation Act for the year 1930-31. I have, &c, John G. Cobbe, Minister of Justice.

The Chief Probation Officer to the Hon. the Minister of Justice. Sir,— I have the honour to present my annual report on the work of the probation system under the Offenders Probation Act and the Crimes Amendment Act for the year ended 31st December, 1930. It has been customary in past years to print as an appendix hereto reports of the principal District Probation Officers, but for reasons of economy these have been abridged, and extracts merely are appended. The reports from the Probation Officers and the statistical tables attached hereto show that the probation system has continued to be administered with success, and that in the majority of cases those admitted to probation have complied with the conditions imposed by the Courts and have justified the clemency extended. There were 1,835 cases dealt with during the year, made up of 812 new admissions and 1,023 on the registers at the beginning of the year. Of the total number of probationers dealt with only 147, or a fraction over 8 per cent., did not conform to the conditions imposed upon them by the Courts. During times of industrial depression the difficulty of fulfilling conditions in respect of making reparation and paying costs presses more heavily upon probationers than in normal times, yet notwithstanding this handicap a total sum of £3,812 15s. 7d., representing restitution-moneys and costs of prosecution, was collected from probationers during the year. The aggregate amount collected since the inception of the scheme is £49,816. The greater portion of this represents reparation to victims of offences. This is a positive feature of probation, as compared with incarceration, whereby the victim receives nothing and the offender becomes a charge upon the community. The satisfactory results of the past year's operations, despite the particularly adverse conditions that have prevailed, are due in a very considerable degree to the splendid assistance given to Probation Officers by a well-organized body of voluntary helpers. The advantage of having the active co-operation of Voluntary Committees to assist Probation Officers has been made very manifest during the past year in the efforts of Probation Officers to place probationers in employment. Every Probation Officer has expressed his deep sense of indebtedness to these voluntary helpers.

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The number admitted to probation in the twelve months under review showed an increase over the previous year, as indicated by the following comparative table : — Year Direct Sentence T . , Admissions. deferred. 1926 .. .. .. ..656 108 764 1927 .. .. .. ..586 134 720 1928 .. .. .. ..615 154 769 1929 .. .. .. ..557 151 708 1930 .. .... ..650 162 812 The increase is in conformity with the general increase in crime, and does not mean that a much greater proportion of offenders were admitted to probation. Statistics show that the Courts in New Zealand are inclined to show a greater reserve in admitting offenders to probation than in England, where in recent years it is now much more freely used than in the past. Probation at one time was generally regarded as being equivalent to letting the offender off'— a gesture of clemency by a Court to a first offender—but in recent years there has been a greater realization of the deeper significance of probation, and this system of treatment of offenders as an alternative to imprisonment has been used with success to a greater extent than in past years in nearly all countries. The underlying idea is that if, judged by the character of the offender and the nature of the offence, the deterrent effect is not seriously abated, and the safety of society not jeopardized, it is both cheaper and more satisfactory to give an offender conditional liberty on probation than to place him in an institution, where he will be a burden upon the State. The main object of probation is the reinstating of the offender as a good member of society, and experience shows that, in appropriate cases, this can be accomplished more effectively under careful supervision in the community than in the artificial atmosphere of an institution. Apart from the unavoidable risks of contamination, the severance of economic and social ties makes rehabilitation more difficult. To heal without scarring is the perfection of moral economy. The Crimes Amendment Act statistics show that 781 cases were dealt with ; 201 of those were admitted to probation during the year on the recommendation of the Prisons Board. Only twenty-six, including ten habitual criminals, were recommitted to prison for breach of their license. The placing of these dischargees in employment and in other ways assisting in their rehabilitation has proved a particularly difficult task during the past year, and the small number of recommittals is eloquent as to the efficacy of the after-care work done by the Prisoners' Aid Societies, voluntary probation committees, and other social workers. The success of the present system of parole may be judged from the fact that during the quinquennium ended the 31st December last 847 prisoners who had been sentenced to reformative detention or hard labour were released on probation and during the same period only seventy-five, or 8-9 per cent., were returned for failing to comply with the conditions of their release or for other offences whilst on probation. As an indication of the efficacy of the deterrent and reformative influences of our present penal methods, it should be noted that 26-7 per cent, only were reconvicted for lapses subsequent to discharge. During the year, for the purpose of bringing about uniformity of practice, a revised pamphlet of instructions to Probation Officers was issued. This, besides covering all matters relating to procedure, records, and accounts, also laid down certain general principles for the guidance of Probation Officers as to the type of case for which probation might appropriately be recommended. I desire again to place on record the Department's appreciation of the sympathetic co-operation of the Magistrates who have taken up the chairmanship of the voluntary probation committees, and also to give expression to the indebtedness of the Department to the members of various Voluntary Probation Committees, the Prisoners' Aid Societies, the Salvation Army, and the numerous social workers who have so materially contributed to the success of the work by their assistance to Probation Officers and probationers during a specially difficult period. I again have pleasure in recording my deep sense of gratitude to the members of my staff, and to the police officers and others who act as Probation Officers, for the helpful manner in which they have co-operated with me, as well as for the sympathetic way in which they have dealt with probationers coming under their care. B. L. Dallaed, Chief Probation Officer.

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AN EPITOME OF REPORTS OF DISTRICT PROBATION OFFICERS. Mr. W. J. Campbell, District Probation Officer, Auckland. Offenders Probation Act : Total dealt with, 308 ; total restitution and costs collected, £792 4s. 3d. Crimes Amendment Act: Number dealt with, 119. The number of defaulters was 10, but to these there must be added 4 who came before the Court for breach of probation, were sentenced, and later reverted to probationary conditions, and 2 who absconded and had not been traced before the end of the period, making a total defaulters' list of 16. This number is approximately 5 per cent, of the total dealt with for the year, being 3 per cent, less failures than that reported during the previous five years. This result may be considered very satisfactory, especially in view of the conditions prevailing during the year. In a time when unemployment is so prevalent, when probationers, by reason of their transgression, find it doubly hard to obtain employment, the result of the year's working reflects greatly to the credit of the probationers dealt with. Crimes Amendment Act Probationers. —The average number under this heading who reported during the period was 58. In this class 41 completed the probationary term satisfactorily, with the exception of 3 whose conduct was subject to censure. The failure to obtain employment had a considerable bearing on the conduct of those who failed. Mr. T. P. Mills, District Probation Officer, Wellington. Offenders Probation Act: Total dealt with, 225 ; total restitution and costs collected, £401 2s. 6d. Crimes Amendment Act: Number dealt with, 141. The most difficult problem was that of finding employment: At the present time several probationers are out of permanent employment, but fortunately have had their share of relief work. In spite of the mental strain which has been placed on probationers, and the tendency that fitful employment has in providing opportunities for wrong doing, it is gratifying to state that the lapses are not at all excessive, only 7 per cent, of the total dealt with committing subsequent offences. Although the number granted probation in the Wellington Court slightly exceeds that of last year's low figures, the increase being 12, the old offender has been much more in evidence. It speaks well for the district generally, and it is to be hoped that the diminution in the numbers of the first offenders will be permanent. The moneys collected during the year show a marked decrease. On the whole, the conduct of the Crimes Amendment Act probationers has been most encouraging. Mr. W. H. Dabby, District Probation Officer, Christchurch. Offenders Probation Act: Total dealt with, 176 ; total restitution and costs collected, £479 13s. lOd. Crimes Amendment Act : Number dealt with, 80. Undoubtedly the past year has been a hard one for everybody concerned, and had it not been for the efforts made by local bodies to provide work for the unemployed it is not difficult to realize what would have been the plight of very many. Notwithstanding the serious economic position, most probationers who have restitution to make have made a wonderful effort to fulfil their obligations. Unfortunately it was found necessary to refer several probationers back to the Court on account of their conduct, failure to report, and other causes. So far as the majority of probationers are concerned, it is very gratifying to be able to say that they are making splendid progress. Up till the end of the year no young fellow who could do farm-work and would go into the country was out of a job, and, what is more, they are still there and doing well. The carrying-out of this work would be impossible single-handed, and so to all who have been co-workers my heartfelt thanks are tendered. I can say sincerely that to all whom I have appealed for assistance, a very ready response has been the result. Mr. J. Gaebutt, Probation Officer, Dunedin. Offenders Probation Act: Total dealt with, 110 ; total restitution and costs collected, £120 10s. Id. Crimes Amendment Act: Number dealt with, 55. As might be expected under present conditions, restitutional figures have fallen considerably, but not out of reasonable proportion to the difficulties encountered by probationers in meeting their obligations and the moral benefits derived from so doing. Taken on the whole, behaviour and response to control has been well maintained, the only exceptions being the usual small number of defaulters whose lapse has in each case been adequately dealt with by the Courts. Their behaviour on the whole has been satisfactory, and, despite unusually difficult times, they have shown a desire to meet their disadvantages in a manly spirit in an effort to make good. The Patients and Prisoners' Aid Society continues to render useful service on behalf of prisoners on discharge and their dependants, both before and after release, and, being associated with the society in accommodation and work, I can speak with full appreciation of their efforts in that behalf. Adjutant V. D. Wood, S.A., Female Probation Officer, Dunedin. Offenders Probation Act : Total dealt with, 12 ; total restitution and costs collected, £12 Bs. 6d. Crimes Amendment Act: Number dealt with, 2. The probationers under my care have given me very little trouble. When they find we are really out to help them, with few exceptions they immediately respond.

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Mr. C. G. L. Pollock, Probation Officer, Invercargill. Offenders Probation Act : Total dealt with, 39 ; total restitution and costs collected, £58 4s. 7d. Crimes Amendment Act : Number dealt with, 16. It is gratifying indeed to be able to report that the conduct of those admitted to probation during the year has been commendable. Of those who have completed probation it is pleasing to be in a position to report that, as far as is known, they are doing well. Mr. E. Ching, Probation Officer, Wanganui. Offenders Probation Act: Total dealt with, 44 ; total restitution and costs collected, £113 lis. 6d. Crimes Amendment Act: Number dealt with, 9. In spite of the unemployment and hard times, it is with pleasure I can report that at the end of the year every probationer was in work. The conduct of the probationers has been very good. Mr. G. McKessar, Probation Officer, Timaru. Offenders Probation Act: Total dealt with, 27 ; total restitution and costs collected, £27 Is. Bd. Crimes Amendment Act: Number dealt with, 8. On the whole, the probationers have done exceptionally well.

STATISTICS. OFFENDERS PROBATION ACT, 1920. Ages and Terms of Probation of the Offenders admitted to Probation during the Year 1930.

Summary of Cases dealt with during the Year, 1930. Admitted to Deferred m , , Probation. Sentence. J - otaL Number reporting on Ist January, 1930 .. .. .. .. 900 123 1,023 Admitted to probation during 1930 .. .. .. 650 162 812 Totals .. .. .. .. .. 1,550 285 1,835 Completed probation during the year .. .. .. .. 427 103 530 Discharged by Prisons Board .. .. .. .. .. 7 .. 7 Deceased ..' .. .. .. .. .. .. 5 1 6 Left the Dominion .. .... .. .. .. 8 .. 8 Absconded and not traced (term expired) .. .. 22 5 27 Resentenced on original charge . . .. .. .. .. 20 7 27 Committed further offences .. .. .. .. .. 67 14 81 Totals .. .. .. .. ..556 130 686 Number reporting 31st December, 1930 .. .. .. .. 994 1.55 1,149 Breaches op Conditions of Release committed during 1930. Failed to report, &c. .. .. .. .. .. .. 34 Committed further offences .. .. .. .. .. 92 Absconded (still untraced) .. .. .. .. .. 21 147 Cost of Prosecution and Restitution-moneys collected during the Year ended 31st March, 1931. £ s. d. Amount of costs of prosecution-moneys collected by Probation Officers 580 18 2 Amount of restitution-moneys collected .. .. .. .. 3,231 17 5 Total .. .. .. .. .. £3,812 15 7

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Age, in Years. Six Months or under. One Year. Eighteen Months. Two Years. Three Yeais. Four Years. Five Years. Total. Under 20 years of age 6 63 71 20 10 1 171 20 and under 25 8 76 6 96 18 204 25 „ 30 6 42 1 46 9 1 105 30 „ 40 8 41 38 6 1 94 40 „ 50 7 21 1 16 9 54 50 „ 60 1 10 4 2 1 1 19 60 „ 70 1 1 2 70 and over 1 1 Totals 36 254 8 272 65 11 4 650

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Offences for which Offenders received the Benefits of the Probation Act during the Year ended 31st December, 1930.

CRIMES AMENDMENT ACT. Probation Statistics.

Approximate Cost of Paper. —'Preparation, not given; printing (675 copies), £6 15s.

By Authority : W. A. 6. Skinner, Government Printer, Wellington.—l93l.

Price 6d.]

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Offence. Admitted to Probation. Deferred Sentence. Total. Theft 362 63 425 False pretences 62 22 84 Breaking, entering, and theft 35 35 Unlawful conversion of property 30 4 34 Vagrancy 13 13 26 Attempted suicide 4 22 26 Breach of probation 23 1 24 Common assault 14 4 18 Mischief and wilful damage .. 9 7 16 Forgery and uttering 14 14 Drunk in charge of vehicles and negligent driving 12 2 14 Receiving stolen property 10 3 13 Indecent assault and unnatural offences 11 11 Carnal knowledge and attempted carnal knowledge 7 1 8 Obscene exposure 3 5 8 Disorderly behaviour 5 2 7 Indecent language 6 6 Breach of Bankruptcy Act 4 2 6 Disobedience of a maintenance order 3 2 5 Perjury 4 4 Offences under the Post and Telegraph Act 3 1 4 Trespass 2 2 4 Drunkenness and breach of prohibition orders .. 3 3 Aggravated assault 2 2 Released under section 15 (in lieu of bail) 2 2 Sheep and horse stealing 2 2 False declaration under Marriage Act 2 2 Bigamy 1 1 2 Attempted rape 1 1 Arson 1 1 Indecent act 1 1 Procuring gelignite without a permit 1 1 Unlawfully presenting firearms 1 1 Stowing away 1 1 Official corruption 1 1 Totals 650 162 812

Admitted to Probation by Prisons Board. Recommitted for Breaches of Conditions of Release and for other Offences during Period of Five Years. Convicted subsequent to being discharged from Probation. Year. Habitual Criminals. Hard Labour. Reformative Detention. Total. Habitual Criminals. Hard Labour. Reformative Detention. Total. Habitual Criminals. Hard Labour. Reformative Detention. Total. 1926 .. 21 45 142 208 7 5 9 21 7 14 37 58 1927 .. 22 42 76 140 18 11 4 33 3 4 36 43 1928 .. 17 57 84 158 12 2 10 24 4 5 34 43 1929 .. 14 90 142 246 6 8 10 24 14 32 46 1930 .. 32 68 101 201 10 5 11 26 2 19 31 52 ! Total.. 106 302 545 953 53 31 44 128 16 56 170 1 242