Report of the Juvenile Delinquency Committee — John Stuart Mill — John Shaqi
Report of the Juvenile Delinquency Committee
John Stuart Mill · en
"(4) There is one anomaly in section 5 (1) (_d_) of the principal
Act as set out in the 1954 Act. This is the provision which
requires the Magistrate to take account of the persons, classes, or
age groups to whom a document is sold or is intended or likely to
be sold _and the tendency of the document to deprave or corrupt
such persons_. The words in italics are appropriate in the
Victorian statute from which they were copied because the
common-law test of depraving or corrupting applies in Victoria, but
they are at best unnecessary in New Zealand where the Act lays down
its own test--namely, that the act of the defendant must be of an
'immoral or mischievous tendency'.
"(5) The 1954 Amendment contains some ambiguities and anomalies in
matters of detail which should be remedied when any further
legislation is brought down. These defects were discussed in an
article by Professor I. D. Campbell in the 1955 _New Zealand Law
Journal_, page 294.
"_New Provisions Suggested_: (1) As we have said, we are not
anxious that the ordinary law-abiding bookseller or distributor
should have to undergo the stigma of a criminal prosecution, and
this was the main reason for entering into arrangements with the
Associated Booksellers and Gordon and Gotch. At present, however,
criminal proceedings afford the only real way of testing the
position even where there is an honest difference of opinion. We
think a better procedure could be devised, and the Select Committee
may be invited to deal with this matter.
"(2) A number of comics which are not strictly indecent within the
meaning of the Act are nevertheless objectionable from other points
of view. In many the ethical standards of the characters are low.
The quality of the print and illustrations varies from the
indifferent to the very poor, and must have a serious effect on
children's eyesight. In a number of comics the grammar and
vocabulary are likewise bad.
"It is said that children learn from what they see and hear around
them. If this is so it would appear that the assiduous reading of
comics tends to counteract the work of teachers which costs the
country so much.
"An Inter-departmental Committee in 1952 recommended the
introduction of a system of registration. The Committee's original
recommendations were: that publishers or importers of comics should
apply for registration of every title and that only suitable titles
should be registered. The sale of unregistered comics was to be an
offence. This procedure may be preferable to the subsequently
suggested system of automatic registration followed by
de-registration upon complaint.