There is occasional confusion about appeals. The rule is that a sentence should be altered on appeal only if it is "manifestly wrong". This is a long-standing and a sound principle and it reacts to the advantage of the public as well as the individual. Until 1966 the Crown had no right of appeal against sentence. This was the privilege of the offender alone. A right of appeal was given to the Crown in 1966 against the sentence of a Judge and a Bill is now passing through Parliament extending this provision to sentences imposed by Magistrates.

Penal Measures

It has been said that penal institutions are too comfortable but this does not agree with the facts.

Borstal trainees are, from time to time, assigned to work under canvas in difficult conditions. When the Milford Track was damaged by severe storm last year, 30 borstal trainees were sent out to clear it under the supervision of two officers. Work is also done for the New Zealand Forest Service where again there is a strenuous work programme under difficult conditions. A borstal unit is employed on a forestry project in the exposed coastal areas south of Wanganui.

Borstal trainees have been assigned to tasks where they are required to live in camp conditions and work in unpleasant and difficult situations. Planting trees at 4,000 feet in rigorous climatic conditions is an example of this.

A work camp has just been established for offenders sentenced to the detention centre. Living conditions are spartan and the work programme rigorous. The camp is in an area of the Pirongia South State Forest and trainees are scrub cutting and will later be planting trees.

The prison camps situated in the foothills of Ruapehu are bleak places, particularly in winter, and many inmates are engaged on heavy manual work.

A penal system must be positive in its approach and a number of measures have been introduced aimed at not only strict discipline but at reformation of offenders.

In June 1961, the detention centre was established at Waikeria for undisciplined youths. Some 380 offenders a year are sentenced to detention centre rtaining for a wide variety of quite serious offences. Many of these youths come from poor homes and have bad histories of offending. Had the detention centre not been available they would have received longer sentences. In view of this the fact that there has been a substantial measure of success in at least 50 per cent, of cases, shows that the detention centre is worthwhile.

Periodic detention for youths was introduced in 1963. The courts show considerable confidence in this scheme and 90 youths are attending these centres on any weekend. Research shows that the success rate is approaching 70 per cent. In 1967 periodic detention was extended to include adult offenders and this has been found particularly suitable for the married man with a family. He is punished for his offence but his capacity to be the breadwinner and retain his family links is unimpaired. A strict disciplinary regime is a characteristic of all these penal measures.

The courts are making increasing use of probation with special conditions including restitution and community work. There is a substantial measure of success in over 70 per cent. of probation cases, but the success rate with parolees is lower.

Hostels have been established to assist in the transition of inmates from the penal institutions to life in the open community. Other hostels, for probationers and parolees, are run in co-operation with church social services and other voluntary organisations.

A research section has been established in Head Office, Department of Justice, with a full time director of research. The principal functions of criminal research are to evaluate penal measures, to investigate new ways of prevention and cure and to inform the community of research findings.

Concern for the interests of the victims of crime prompted the Criminal Injuries Compensation Act 1963. This Act provides compensation for economic and financial losses suffered in consequence of criminal injuries.

Restitution

The public rightly regards restitution by the offender to his victim and to the community as most important and desirable. The law makes ample provision for it, and the courts use their powers freely.

Restitution can be and often is a condition of probation, the courts frequently impose it for vandalism and car conversion.

The court on convicting an offender for assault can award up to half any fine to the victim by way of compensation. In one recent case the court imposed a fine of $400 on a youth who hit a spectators at a football match with a rock and awarded $200 compensation to the victim.

The court can order an offender to pay any sum it thinks fit by way of compensation for loss of or damage to property.

These are illustrations of the positive influences which are embodied in our present penal policy. It would be unwise for the administration to concentrate on methods of punishment alone because some people call for more severe measures. This would impede reformation and, worse, increase the number who offend again.

Conclusion

Our penal policy is based on the best evidence available and we have adopted a wide variety of measures. There are few countries in the world which have done more and it is relevant to point out that overseas experts have been impressed by what has been achieved here. Traditional methods have proved inadequate and there is ample justification for the programme we have adopted. We are not complacent, but without claiming too much it is plain that we are making progress with our current measures for the prevention and treatment of crime.

Wellington, September, 1969.