2600224
C.S. 84
A, B
RESTRICTED
For discussion
on 10th November 1970
XCR(70)345
Copy No ......... of 27
MEMORANDUM FOR EXECUTIVE COUNCIL
CRIMINAL PROCEDURE (AMENDMENT) BILL 1970
MAGISTRATES (AMENDMENT) (NO 3) BILL 1970
At Annexes A and B for the consideration of Honourable Members are the Criminal Frocedure (Amendment) Bill 1970 and the Magistrates (Amendment) (No 3) Bill 1970, which seek to introduce some of the provisions of the Criminal Law Act 1967 and the Criminal Justice Act 1967. They are based on the recommendations of a Working Party appointed by the Chief Justice in 1968.
Criminal Frocedure (Amendment) Bill 1970
2
The more important provisions of this bill are:
(a) Clause 3 which will allow a court to impose special
conditions on a person whom it admits to bail, and will give the police power to arrest a person who breaks bail or who is reasonably suspected to be likely to break bail.
(b) Clause 4 specifies the circumstances under which an
indictment may be preferred, and in particular makes it clear that a person may be indicted for an offence founded on facts or evidence disclosed in the depositions, either in sub- stitution for or in addition to the offence with which he was originally charged.
(c) Clause 5
(i)
(ii)
streamlines the provisions relating to the trial of offences; and
enables a judge to enter a verdict of not guilty without giving the defendant
in charge to a jury, where the prosecution offers no evidence against him.
(d) Clause 6 adds 5 new sections to the principal Ordin-
ance as follows:
(i)
the proposed new section 65A will allow a court or jury to apply the subjective test in determining the existence or other- wise of criminal intent. Under the exis- ting law a court must apply the objective test (i. e. what a reasonable man would contemplate as the natural and probable consequence of his acts).
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