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FRIDAY, DECEMBER 8, 1978
PROPOSAL TO TIGHTEN UP EXISTING LAW ON THE GRANTING OF BAIL
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THE GOVERNMENT IS PROPOSING TO TIGHTEN UP THE EXISTING LAW ON THE GRANTING OF BAIL TO ACCUSED PERSONS.
THE CRIMINAL PROCEDURE (AMENDMENT)(NO. 4) BILL 1978 GAZETTED TODAY (FRIDAY) AIMS AT LIMITING THE SCOPE FOR FRESH APPLICATIONS BY ACCUSED PERSONS ONCE A HIGH COURT JUDGE HAS REFUSED BAIL.
IT ALSO ENABLES THE GRANT OF BAIL TO ACCUSED PERSONS BY DISTRICT JUDGES AND MAGISTRATES TO BE REVIEWED BY A HIGH COURT JUDGE ON THE APPLICATION OF THE ATTORNEY GENERAL, AND PENDING SUCH REVIEW, THE ACCUSED PERSON TO BE REMANDED IN CUSTODY FOR A PERIOD NOT EXCEEDING 48 HOURS IF HE HAS NOT ALREADY BEEN RELEASED.
EXPLAINING THE PROPOSED LEGISLATION, A GOVERNMENT SPOKESMAN SAID THAT UNDER THE EXISTING LAW ANY MAGISTRATE, DISTRICT JUDGE OR HIGH COURT JUDGE MAY GRANT BAIL TO AN ACCUSED PERSON AND THAT THERE WAS NO PROVISION FOR THE CROWN TO APPEAL AGAINST IT.
BUT AN ACCUSED PERSON WHO IS REFUSED BAIL MAY MAKE ANY NUMBER OF FRESH APPLICATIONS FOR BAIL TO THE SAME MAGISTRATE, DISTRICT JUDGE OR HIGH COURT JUDGE, AND CAN ALSO +SHOP AROUND TO OTHER HIGH COURT JUDGES.
+THOUGH THE EXISTING LAW HAS, BY AND LARGE, WORKED WELL THERE HAVE BEEN A NUMBER OF CASES IN WHICH BAIL HAS BEEN GRANTED IN CIRCUMSTANCES THAT HAVE CAUSED CONCERN DURING THE PAST FEW YEARS,+ THE SPOKESMAN SAID.
+AND RECENTLY THE LEVEL OF PUBLIC CONCERN OVER THE ESCAPE WHILST ON BAIL OF TWO OF THE ACCUSED IN A MAJOR DRUGS CONSPIRARY CASE DEMANDS SOME TIGHTENING-UP OF THE EXISTING LAW, HE ADDED.
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