magisterial positions observe a wise discretion, there is a great risk that, under the modern system, the fear of consequences will cease to be operative.

My attention has been drawn to this matter through my duties as public prosecutor in a large district, containing a mixed population. While it is true that the responsibility for dealing with such offenders rests upon the presiding judge, the prosecutor is not thereby relieved from giving the matter anxious consideration, because the judge naturally looks to him for information as to the facts of the case, and is guided to a large extent by his opinion as to the course which is best in the interests of the child and of the public. I have by no means established to my own satisfaction any general principle for dealing with such cases, but I have made a note of some provisional suggestions, which my professional brethren may be pleased to consider. These suggestions can be regarded as a step towards the attainment of uniformity in the treatment of juvenile offenders.

In the first place, let us set down the objects which we seek to attain. Lord Guthrie, in an address on "The Treatment of Criminals," which he delivered to the Scots Law Society in November 1907, pointed out that three leading objects are recognised by the State in dealing with those who infringe its criminal law,-Punishment, Deterrence, and Reform. His Lordship, with much propriety, laid especial stress upon reform. We may accept this classification as a basis for our present purpose, and define the objects sought to be attained in the judicial treatment of juvenile offenders, as―

(1) The reform of the juvenile offender;

(2) The protection of the public, by deterring others from committing similar offences; and

(3) The punishment of the youthful offender for the misconduct of which he or she has been guilty.

This order indicates the relative importance of the several

matters.

Having thus defined the end in view, I shall next enumerate the judicial methods prescribed for its attainment, beginning with the mildest, and proceeding to punishments of greater severity. I shall add a few brief notes as to the use of the several methods.

(1) Admonition and dismissal of the charge without recording a conviction; and

(2) Admonition and dismissal of the charge, recording a conviction.

Either of these modes will be used where the offender is of good character, has efficient home training, and is charged with a petty offence. The choice of one or other is regulated by the propriety, in a particular case, of preserving a record of the conviction.

(3) Discharge under recognisance or bond to be of good

behaviour, and to appear for conviction and sentence when called on at any time during a specified period not exceeding three years; and

(4) Discharge in a similar manner, but subject to the condition that the offender shall be under the supervision of a probation officer.

These methods are suitable to a charge of a graver nature, where the offender's antecedents are not very bad, and where his parents are fairly respectable. Their respective adoption will depend upon whether the parents can be trusted to look after the offender without supervision.

(5) Committal to the care of a relative or other fit person.

This procedure should be adopted when it is deemed necessary to remove the offender from an objectionable

home, and a suitable person is willing to take charge of him.

(6) Committal to an industrial school.

An order for such committal may be made in the case of a child under 12 years of age (or, in special circumstances, a child of 12 or 13 years), who is charged with a punishable offence. This course may be adopted where a child is either without proper parental control, or has got beyond it, and no relative or fit person will undertake the custody of him.

(7) Committal to a reformatory school.

This is competent in the case of a youthful offender, who is 12 years of age and under 16 years, and who is convicted of an offence punishable with penal servitude or imprisonment. The principle explained in regard to committal to an industrial school applies with equal force to committal to a reformatory. It is a means of removing the child from injurious surroundings.

(8) Private whipping.

This is restricted to boys, and practically to boys under 14. It is a suitable punishment in charges of indecency, malicious mischief, or other offences which ought to be met by corporal punishment.

(9) Fine, damages or costs; and

(10) Ordering a parent or guardian to pay fine, damages

or costs.

A youthful offender should not be ordered to pay a fine, damages or costs, unless he has private means or earnings. An order on the parent or guardian is only appropriate where such person has conduced to the commission of the offence by neglecting to exercise due care of the child or young person..

(11) Ordering the parent or guardian of the offender to give security for his or her good behaviour.

This may be done where the child is left in the care of a parent or guardian, and it is desirable to stimulate the latter, by the dread of consequences to himself, to take care that the child does not commit further offences.

(12) Committal to custody in a place of detention provided under the Children Act.

This is suitable for graver offences, for which it is thought proper to impose restraint on the liberty of the offender, and where it is not thought desirable to commit him to a certified school.

(13) Committal to custody in a place of detention directed by the Secretary of State; and

(14) Committal to prison.

These last two methods are to be used only in exceptional cases, where the crime is a grave one or the offender is of very bad character. A child under 14 cannot be imprisoned.

Such being the means provided by the legislature, I shall proceed to explain the provisional suggestions on the subject, which have occurred to me in practice. The notes attached to the preceding statements have to some extent forestalled what has now to be said, but my intention at this stage is to arrange the various modes in a sequence adapted for practical use. It will be understood that I do not pretend that these notes, or the suggestions I am about to make, are in any sense exhaustive or conclusive.

The criteria which rule the adoption of particular methods of treatment in individual cases are four ::

(1) The age and sex of the offender;

(2) The gravity of the offence charged;

(3) The antecedents and character of the offender; and (4) The character of the offender's home surroundings.

I am inclined to attach special importance to the last of these.

Let us take the most favourable case. A boy of respectable character, whose parents are decent folk, has committed a petty offence. In such a case, the parents will voluntarily make good any little damage the boy has done, and he may be discharged with an admonition. In the majority of cases, the charge will be dismissed without recording a conviction. Where the offence is one of dishonesty (a kind of crime which is apt to be repeated), and where there is a suspicion. that it may be repeated, the boy should be dismissed with an admonition, but the conviction recorded.

Let us now suppose that the boy is charged with a graver offence, or one aggravated by previous conviction. The protection of the public, and the culprit's welfare, demand severer measures. At this point the character of the home surroundings assumes great importance. If the parents or guardians are respectable, and doing their utmost to keep the boy from bad companions and to bring him up well, he should be left in their charge, but ordered to enter into a recognisance or bond to be of good behaviour for a definite period, and to come up for sentence, if called upon within that time. If the parents are respectable and well-meaning, but careless, the procedure will be stiffened by placing the boy under the supervision of a probation officer, or the father may be ordered to give surety for the boy's good behaviour.

It may be, however, that the home influence is weak, or even that it is prejudicial to the offender, In such circumstances the boy must be removed from his dangerous environment. Various courses are open. If a well-doing relative, or other fit person, comes forward and offers to take care of the boy, the Court may with advantage commit him to the custody of that person. Home training is always But if home training of

better than institutional training.

this sort cannot be procured, a committal to an industrial school, or to a reformatory school, according to the age