G.S. 84
XCR(80)65
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2
such an order will, by proposed section 29(5 B), render the offender liable to a penalty of $50 per day, upto a maximum of $5,000, and to imprison- ment for upto 6 months.
6
These proposals will increase maximum penalties substantially. They do not create any new offences, or render liable to the new penalties persons who would under the present law be entitled to an acquittal. The defendant in order to achieve an acquittal already must prove that he did not know, and could not with reasonable diligence have ascertained, the name, address or driving licence number of the person involved in the reported offence. It would not be right to deprive him of that limited defence.
7
The suggestion contained in paragraph 11 of Annex B (that offences of "failure to disclose" or "giving a false name or address" be removed from the ambit of the Fixed Penalty Ordinance) has already been imple- mented by amendments to the Fixed Penalty (Criminal Proceedings) Ordinance (Chapter 240) made at the end of last year.
Financial and Staffing Implications
8
There are no significant financial or staffing implications.
Public Relations Aspects
9
The amendment has arisen from some publicly expressed dis- satisfaction with the way in which the law works at present. The bill may be expected, therefore, to meet with some popular approval, although the matter is not one that arouses wide interest.
Advice Sought
10
Members will be asked to advise whether the Road Traffic (Amendment) Bill 1980, at Annex A, should be introduced into the Legislative Council.
(Senior Crown Counsel (Mr D. J. LITTLE) will attend before the Council for the discussion of this item).
5th March 1980 (ENV 30/01/58)
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COUNCIL CHAMBER