From the Courts

An 18 year old youth was discharged without conviction in a Lower Hutt court recently. The discharge was allowed under section 42 of the Criminal Justice Act, a section which allows for a conviction to be quashed if that conviction would seriously affect the defendant's career. The youth had thrown a bottle from a moving vehicle and as a result had been charged with depositing dangerous litter.

I know of one person, a student, who appeared before the court on a charge which could easily have had serious consequences to his future career. He applied for the sentence to be quashed under section 42; however the magistrate decided that in this case it was unnecessary. So what was so special about the youth who appeared recently in Lower Hutt? Well I don't know but I did forget to include earlier the fact that he was a police cadet.

The cadet was required to pay $100 costs within seven days but that is of little consequence. The fact is that this delinquent will be admitted to our glorious police force which boldly upholds the concepts of law, order, justice and equality our fair nation.

The fact that the youth was required to pay costs indicates that the magistrate approved of some form of punishment. However Section 42 has been invoked to enable this person to enter the police force where normally a conviction for such a charge would at the very least be a hindrance.

When I rang the police about the effect of a criminal conviction on an applicant I was told that "every case is taken on it's merits". Throwing a bottle from a moving car has little merit and shows a distinct lack of thought and consideration for others.

So maybe we should give the guy a break - no pun intended. Everybody makes mistakes, I mean when was the last time you threw out a bottle as you were driving along. What may bother you however is what sort of mistakes this person will make when he's a Constable and supposed to be using his head. Do we really want this sort of person in the police? If he's got no respect for other people now, what respect will he show in the future, Bolt your doors tightly folks.

Chris Conway.