The Gazette 1974

the offence but also according to the means of the "Render. Furthermore, non-payment of the fine because of financial difficulties should not mean automatic 'Imprisonment—imprisonment should only follow where h e offender deliberately seeks to avoid paying. In 1971 °ver 2,000 of our prisoners were imprisoned without t h e option of paying a fine and a further 300 imprisoned ' n default of payment—a liberal application of the ^ e d i sh system could, I feel, do much to reduce the nu mber of offenders in our jails. ° u spended sentences , The operation of the suspended sentence could also . e considerably extended. This differs from probation ln that there is no direct supervision of the offender— . ae execution of his sentence is merely suspended. There ls no statutory form of the suspended sentence in this c °untry, unlike in England, but it has nevertheless been 111 operation here since 1910. Because of the lack of Published statistics, it is impossible to judge the effi- jy ac V of its operation. However, it was stated in the ^orthern Ireland case of R. v. Wightman, 1951 : " The Relatively small number of cases in which prisoners so °ond by recognisances and against whom sentences " a v e been recorded are brought before the court to •eceive judgement or sentence is the best evidence that c °uld be afforded in support of the retention of the Practice." Efforts have been made to show you that our present P%>on system has failed miserably. There are undoubt- -ly many reforms that must be introduced to rectify " e graver defects. Improved educational, recreational a n d work facilities would be essential. We could intro- WILL PATRICK McGRATH Deceased/ Regional Manager of Allied Irish Banks Limited, North Munster Region and late of 1, Mallow Street, Limerick Will an/ person having knowledge of a Will of the above named deceased, who died on 28th February 1974 please communicate with — M/s. ANTHONY CARROLL & CO., Solicitors, Fermoy, Co. Cork

duce more open prisons on the lines of those at Shan- ganagh and Shelton Abbey. We could follow the exam- ple of the Swedes and introduce their "furlough system" that is where prisoners are allowed out for a couple of days every few months. We could allow conjugal visits by the prisoner's spouse. However, such reforms, wel- come as they would be in relation to our present penal system, cannot go to the root of the problem which lies in the very concept of prison itself. Ou r aim must be, not so much to reform prison conditions but to abolish as far as possible the whole concept of imprisonment. Th e alternatives outlined could, if properly utilised, do much towards this end. We cannot claim that we have not sufficient resources—the suggestions outlined could on the contrary save the Exchequer much of the £ 44 million spend last year on the prison system. T h e money allocated for the proposed women's prison could instead be utilised to introduce some of the new alternatives and extend some of the old. Indeed, the shortsightedness of building a new women's prison is shown by the fact that in 1971 the daily average of women prisoners was twenty-three—and many of these were convicted of drunkenness and soliciting. The Department of Justice and the Courts must be willing to experiment and be willing to use the alter- natives open to it. A greater onus perhaps lies on the community itself. The purpose of these alternatives is to treat the prisoner in the community. If we refuse to undertake this new responsibility the alternatives just will not work. Finally, I would commend to you Oscar Wilde's "Ballad of Reading Gaol" which goes a long way in summing up the futility that is prison. If Your Practice includes COMPANY FORMATION Then the People to know are W. KING LTD. 18 EUSTACE STREET, DUBLIN 2 Phone 778478 or 784248 We can supply Registration Copies of Memorandum and Articles in Three Days (Your Draft or ours) Company Seals at Short Notice All Statutory Company Registers etc. in stock

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