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WEDNESDAY, MAY 12, 1976
POWER TO ARREST WITNESS
CALL FOR SAFEGUARDS AGAINST ABUSE
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THE HON. JOHN BREMRIDGE TODAY CALLED FOR RIGOROUS SAFEGUARDS AGAINST THE MISUSE OF THE PROPOSED POWER TO ARREST AND DETAIN A WITNESS.
ABUSE.
SEVERE PENALTIES, HE SAID, MUST BE PROVIDED IN CASE OF
HE WAS SPEAKING AT THE RESUMED DEBATE IN LEGISLATIVE COUNCIL ON THE CRIMINAL PROCEDURE (AMENDMENT) BILL 1976 WHICH EMPOWERS A COURT OR MAGISTRATE TO ISSUE A WARRANT FOR THE ARREST OF A PERSON WHO IS BOUND TO ATTEND COURT TO GIVE EVIDENCE, AND TO REQUIRE A CASH DEPOSIT AS A CONDITION OF ADMISSION TO BAIL.
+ONE BAD CASE OF IMPROPER, UNLAWFUL, OR MALICIOUS USE OF SUCH POWERS, OR THREAT OF ITS USE, WILL PUT AT PERIL OUR POLICY OF ENCOURAGING THE ORDINARY CITIZEN TO COME FORWARD TO GIVE EVIDENCE AND CO-OPERATE WITH LAW ENFORCEMENT AGENCIES, AND MAY BRING THE ADMINISTRATION OF JUSTICE INTO DISREPUTE,+ MR. BREMRIDGE SAID.
+FURTHER,+ HE SAID, +UNOFFICIAL MEMBERS ASK THAT, TO MARK THE SERIOUSNESS OF THE PROCESS, THE POWER TO ISSUE THE WARRANT BE GIVEN ONLY TO THE HIGH COURT AND ON THE APPLICATION OF THE ATTORNEY GENERAL AND THAT THE PROCEDURE FOR OBTAINING THE WARRANT SHOULD FOLLOW THAT WHICH IS STIPULATED IN ENGLAND.+
HE FELT THAT THE POWER TO ARREST AND DETAIN A WITNESS. AS DISTINCT FROM AN ACCUSED PERSON, COULD BE A SERIOUS INFRINGEMENT OF THE LIBERTY OF THE SUBJECT, AND WAS HARDLY CALCULATED TO ENCOURAGE PERSONS WHO MIGHT HAVE MATERIAL EVIDENCE TO GIVE TO VOLUNTEER TO MAKE STATEMENTS TO THE POLICE, OR TO BE A WITNESS.
+IT MAY INDEED BE COUNTER-PRODUCTIVE, AND BRACE AN EXISTING AND STRONG NATURAL PREFERENCE NOT TO GET INVOLVED WITH THE LAW. IN VIEW OF THESE CONSIDERATIONS GOVERNMENT MAY WISH TO REFLECT WHETHER THEY WISH TO PURSUE THIS MATTER. NO CASE FOR ITS NECESSITY HAS BEEN MADE OUT.+
HE ADDED THAT IF THIS POWER OF ARREST OF WITNESSES WAS TO BE MADE PART OF THE LAW, IT MUST BE ENSURED THAT IT WAS ONLY TO BE USED IN THE CLEAREST CASES, WHERE THERE WAS THE PLAINEST EVIDENCE THAT A POTENTIAL WITNESS WOULD LIKELY ABSCOND- THAT BAIL BE FREELY AVAILABLE IN REASONABLE SUMS, EITHER IN CASH OR BY BOND, AND ON REASONABLE CONDITIONS AS TO FREEDOM TO TRAVEL AND THE CIRCUMSTANCES IN WHICH A WITNESS COULD BE DETAINED SHOULD BE METICULOUSLY DEFINED.
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