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PUBLIC RECORD OFFICE
Reference :-
TLC.O.882/12
سائسلساليني
PUBLIC RECORD OFFICE, LONDON
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Law and Justice.
11. The principal proposals under this head are-
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(i) that one of the Judges of the Supreme Court should sit in cases which are at present tried by a Bench of District Magistrates;
(ii) the suppression of one of the posts of Additional Substi tute Procureur-General.
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The
These proposals have been agreed to by the officers concerned and could, I think, be adopted. For some time past the has worked with one Additional Substitute only, though there have
Parquet been constant complaints of overwork and great delays in the handling of papers in many cases. The changes proposed should, however, improve matters to some extent in this respect. Commissioners comment on the fact that responsibility for the appointment and removal or transfer of Magistrates rests with the Procureur-General, and while describing the system as anomalous do not recommend any change, as in their view the system works well and without abuse of actual justice." I do not altogether agree with this view. There have been criticisms on several occa- sions as to changes in Magistracies, and while the criticisms have doubtless been unjustifiable it is important in the administration of justice to avoid not only actual injustice, but even occasions which may create a suspicion of partiality however unfounded. It would be preferable in my view that the entire control of the Magis tracy should be vested in the Supreme Court. The direction of Magistrates and the tendering of advice on sentences to secure uniformity, which is notably lacking in the local District Courts, could be more easily carried out by the Court than by the Procureur- General, who must inevitably be open to the suspicion of" Execu tive "influence. From conversations which I have had with the Chief Justice I do not think he would raise any objection to the assumption of this control by the Court. It would, in my opinion, assist in strengthening confidence in the Magistracy which under present conditions is not entirely free from the suggestion of par- tiality at any rate by rumour. A time of general reorganization
would be appropriate for carrying out a change which would have the effect of relieving the Procureur-General of work and respon- sibility. The change, however, may involve legislative amendments of which I am unaware.
Police,
12. The Commissioners' proposals involve a considerable exten- sion of the functions of the Police who under their scheme would assume responsibility for the inspection of licences, the control of illicit distillation, the censing of vehicles, and the prevention of forestry and fishery offences. There is no doubt that these duties can be combined to a very large extent with the general patrolling
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and other functions of the Police in connexion with the prevention of crime and preservation of order, but the proposals are likely to excite universal criticism. It must be admitted that the Police as a body do not enjoy the full confidence of the public, and while there has been a considerable improvement in recent times it is still widely, indeed it may be said generally, alleged that a large propor- This opinion is tion of the Force is open to corrupt influences. shared by Police officers themselves with whom I have discussed the matter. It is true that the Revenue, Sanitary, Fishery, and other ** guards and Inspectors are the subject of an equally widespread distrust, but there is a general opinion that dishonesty is to some extent kept within limits by the creation of separate controlling and inspecting forces for various functions who will, from motives of jealousy, keep a certain check on each other's illicit activities. The Commissioners discuss this problem in their notes, and I must un- hesitatingly accept their conclusion that this theory is both unsound and extravagant. The matter scarcely calls for argument, but it is, in any case, apparent that under present conditions the Colony can- not afford to maintain a number of independent forces to undertake functions which one of them could adequately perform. The Police Force is an essential in any case and could not reasonably be safely. reduced whatever arrangements may be made. There appears to me therefore to be no alternative but to entrust to this Force as many of the duties of inspection and control as it can undertake and to economize by retrenchment in the other departments. It would be useless to ignore the fact, however, that this transfer of functions will arouse considerable public anxiety and mistrust.
13. For these reasons it is essential that every effort should be made to improve and strengthen the morale of the Police Force, and on this account I agree with the Commissioners that there should be no reduction in their pay. A very strong reason for this view lies in the fact that reduction in the rates of pay of officers would render the recruitment of officers from outside the Colony still more difficult, and the first essential for improving the morale of the Force and strengthening the confidence of the public is the appointment of a larger proportion of officers unconnected with the Colony and of a higher type than the local officers promoted from the ranks. The latter do not command the respect or confidence either of their men or of the public. They are in some cases, whether rightly or wrongly, suspected of being as much open to corrupt influences as their juniors. Whether this is true or not it must obviously have a most damaging effect on their influence and authority as well as on the morale and discipline of the Force. It is plain that if the rates of pay of the officers are to be maintained the pay of the other ranks must equally be exempt from reductions. The advisability of recruiting a larger proportion of officers from outside the Colony is also an argument against the Commissioners' proposal to substitute the rank of 2nd Class Inspector for that of
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