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WEDNESDAY, MAY 12, 1976
DEBATE ON MAGISTRATES (AMENDMENT) BILL 1976 ADJOURNED ******
UNOFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL TODAY DECLINED TO SUPPORT A PARTICULAR SECTION OF THE MAGISTRATE (AMENDMENT) BILL 1976 THAT SEEKS TO GIVE THE CROWN THE RIGHT TO PREVENT A DEFENDANT FROM PLEADING GUILTY BY LETTER,
SPEAKING ON THEIR BEHALF DURING THE RESUMED DEBATE ON THE BILL, THE HON. ROGER LOBO SAID THE PURPOSE OF THE LEGISLATION WHICH ENABLES A DEFENDANT TO PLEAD GUILTY BY LETTER WAS TWOFOLD, NAMELY TO REDUCE THE CONGESTION OF CASES IN COURTS, AND TO DO AWAY WITH THE INCONVENIENCE FOR A DEFENDANT TO ATTEND A COURT
IN PERSON WHEN THE ONLY QUESTION IS THE FINE WHICH IS TO BE IMPOSED.
HE SAID THE UNOFFICIAL MEMBERS BELIEVED THAT THIS PARTICULAR AMENDMENT WOULD BE A RETROGRADE STEP, AND THEY DID NOT FIND CONVINCING THE REASONS THE ATTORNEY GENERAL ADVANCED FOR INTRODUCING THIS PROPOSAL WHEN MOVING THE SECOND READING OF THE BILL.
IT MIGHT BE RIGHT THAT A COURT SHOULD NOT PROCEED, WITHOUT GIVING THE DEFENDANT AN OPPORTUNITY TO BE HEARD, TO DISQUALIFY HIM FROM DRIVING UPON CONVICTION FOR A THIRD OFFENCE.
+AN APPROPRIATE CLAUSE CAN BE DRAFTED FOR SUCK PURPOSE THOUGH PREFERABLY THE DEFENDANT SHOULD BE WARNED THAT THE COURT MAY PROCEED TO DISQUALIFY HIM IN HIS ABSENCE IF HE DOES NOT APPEAR, WITHOUT MAKING IT OBLIGATORY FOR HIM TO ATTEND. TO BE GIVEN AN OPPORTUNITY TO BE HEARD IS A FAR CRY FROM COMPULSORY ATTENDANCE.+
MR. LOBO ADDED THAT THE UNOFFICIALS WOULD BE PREPARED TO CONSIDER AN AMENDMENT, OF NARROW SCOPE, TO DEAL APPROPRIATELY WITH THE PROBLEM OF DISQUALIFICATION ON A THIRD CONVICTION FOR A TRAFFIC INFRINGEMENT.
TURNING TO ANOTHER CLAUSE OF THE BILL, HE SAID IT WOULD BE ACCEPTABLE TO UNOFFICIAL MEMBERS IF THE MAXIMUM AMOUNT OF COSTS WHICH MIGHT BE AWARDED AGAINST THE COMPLAINANT WHO FAILED TO APPEAR IN COURT WHEN REQUIRED TO DO SO WAS SET A MUCH HIGHER FIGURES, SAY $5,000.
HE STRESSED THAT ONLY A MUCH HIGHER FIGURE THAN
THE PRESENTLY PROPOSED LIMIT OF $500 COULD ACT AS A DETERRENT,
THE DEBATE WAS FURTHER ADJOURNED.
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