LEGISLATION

Foreign Countries

England. The English tribunals are well prepared to deal with children under twelve, and with youthful offenders under sixteen, because of the wide discretionary powers which the English criminal law, as reformed during the nineteenth century, confers upon judges and magistrates.2 Control of the court over persons as juveniles ceases at the age of sixteen. The English statutes provide for summary judgment where jury is not especially demanded by parent or guardian or by the "child or the youthful offender."4 Justices may excuse convicted offender from punishment where expedient. Dependent or neglected children, under fourteen, found begging, wandering, homeless, without proper guardian or visible means of support, associating with criminals, etc., may be brought by any one before two justices or a magistrate and may be sent to a certified industrial school or to a home with responsible parents, due regard being given to the re

1 For account of English Juvenile Court, see Seeking and Saving, Oct., 1906. Cf. Bérenger, op. cit, and Russell and Rigby, op. cit. W. D. Morrison, op. cit., p. 187.

Statutes 1866 (29 and 30 Vic. 118) and 1901 (64 Vic. and I Ed. VII, c. 20). * 1879 (42 and 43 Vic. c. 49, sec. 10-11).

1847 (10 and 11 Vic. c. 82).

ligious persuasion of the child, and to the requests and rights of the parents.1 Parents may be forced to contribute to the child's maintenance.2

Parents or guardian may be summoned as contributing to the offense of the child, or for neglect, and may be tried with the child and may be fined and ordered to pay security for its good behavior and may be made to pay toward its support if committed to a state institution or home. The court may release the offender on probation or for good conduct. A separate register for convicted youthful offenders shall be kept. Appeal may be made to the High Court of Justice. The child committed may be discharged by the Secretary of State. Most of these principles ap

ply to Ireland and Scotland as well.

England is establishing short Detention Schools on the model of Truant Schools. The English system

especially emphasises the co-operation of the courts with the educational authorities and insists upon parental responsibility.

7

The juvenile court idea has progressed rapidly in the English cities. One of the most successful has been that instituted at Birmingham, April 13, 1905. The working of this court resulted in the issuing of a government circular which pointed out the necessity

1 1866 (29 and 30 Vic. c. 118).

21901 (64 Vic. and I Ed. VII, c. 20, sec. 4).

1887 (50 and 51 Vic. c. 25).

1901 (64 Vic. and I Ed. VII, c. 20, sec. 13).

51879 (42 and 43 Vic. c. 49, sec. 33).

61866 (29 and 30 Vic. c. 118, sec. 14).

It is claimed that Dublin first adopted the American idea.

of creating such courts generally; and many cities have followed the example of Birmingham.1

2

The London County Council prepared a reform based upon the principles of (1) special magistrates for children, (2) special courts, (3) special detention homes, (4) nomination of probation officers. Especially noticeable among the courts of the United Kingdom are those of Bury, Bolton, Manchester, Birmingham, Liverpool, Nottingham, Tunbridge-Wells, Swansea, Stockton, Hull, Coventry, York, Southport, Beverly, Scarborough, Greenock, Glasgow, Dundee, Dublin, and Cork.

In Scotland, special arrangements have been introduced for the treatment of juvenile offenders at Glasgow and Greenock: (1) Trial does not take place at ordinary sittings of the courts; (2) children under sixteen may not be confined in ordinary police cells; (3) probation officers are in daily attendance.

At present (July 1908) a "Bill to Consolidate and Amend Laws Relating to Children and Young Persons" is pending in the British Parliament. This bill, introduced Feb. 10, 1908, provides for separation of juvenile offenders from adult criminals; special treatment; separate courts; separate detention; parent responsibility; entire abolishing of imprisonment for children, and of penal servitude for young persons. The bill has been favorably received by the country.

1 See London Times, May 31, 1906.

2 Compare Bérenger, op. cit. p. 9, note 2.

Canada. The Canadian Statute, R. S. 1906, c. 146, sec. 644, (57-58 Vic. c. 29) provides for trial of persons under sixteen without publicity, apart, and at suitable times, and for separation from other offenders.

Manitoba. Children's Probation Act, R. S., 1902, c. 22, (61 Vic. 1899, c. 651) provides for the care of neglected children by a salaried superintendent; for their examination by a judge; for placing them in industrial schools and schools of refuge under state authority until the age of twenty-one; for payment by municipalities for the maintenance of certain neglected children; for separate detention; for attempt to secure foster homes; and for penalty for ill treatment.

Ontario. The Ontario Children's Protection Act (R. S. Ontario 1897, c. 259) contains extensive provisions, which, although not as complete, are very suggestive of the Victoria act of 1906, cited infra.

New Zealand. The Justices of the Peace Act, 1882, no. 15 (sec. 176), provides for summary trial unless objected to by parent or guardian, of children under twelve, and (sec. 177), with consent, of young persons (between ages of twelve and sixteen). The Children's Protection Act, 1890, no. 21, provides especially for jurisdiction over all ill-treated, neglected, dependent, or exposed children.

Victoria. Children's Court Act, 1906, no. 2058, provides a "children's court," to have jurisdiction over children under seventeen; gives wide definition of "parents" and "juvenile offenders;" specifies that children's court shall be held at every place within

the state, where a court of petty sessions is appointed. to be held; that the governor may appoint, for any locality, any person or police magistrate, or any one or more justices of the peace within the place, to exercise jurisdiction of the children's court; and that the governor may appoint probation officers of either sex who shall be subject to orders of the court; specifies the duties of probation officer; gives the juvenile court exclusive jurisdiction over all charges against children for felonies and misdemeanors, and allows it to hear and determine all information for offenses against any act punishable on summary conviction; provides for exclusion of persons unnecessary to trial, for an independent register, trial within twenty-four hours of apprehension, detention where possible in one of the "special receiving depots;" and provides for giving bail. The parent may be convicted of delinquency and may be compelled to contribute toward support. This law leaves a very wide discretion with the judge. "The court shall be guided by the real justice of the case without regard to legal forms and solemnities, and shall direct itself by the best evidence it can procure." The Governor in Council is also given wide powers for arranging for detention homes, forms of procedure, appointment of probation officer, and "prescribing in all matters necessary for carrying out this act."1

France. The law of June 5, 1850, provides for a separation of adults from juveniles in both prison

1 For other British Colonies see supra under "History."