2
FRIDAY, DECEMBER 11, 1987
ANY ADMISSIONS MADE OR AGREEMENTS REACHED AS TO FACT.. ADMISSIBLE AFTER THE JURY IS EMPANELLED.
WILL, BE
ISSUES
JURY'S UNDERSTANDING ΤΟ ASSIST THE JUDGE'S
THE PURPOSES OF THE PREPARATORY HEARING ARE TO IDENTIFY MATERIAL TO THE VERDICT OF THE JURY; TO AID THE OF THE CASE; TO EXPEDITE THE PROCEEDINGS AND MANAGEMENT OF THE PROCEEDINGS, THE SPOKESMAN SAID.
"IT IS HOPED THAT
THIS
PROCEDURE,
ENCOURAGED BY
THE
JUDGE ΤΟ MORR
THE
BEFORE
THROUGH THE EXERCISE OF HIS POWERS UNDER THE BILL, WILL LEAD
OF THE ISSUES AGREEMENT ON FACTS AND TO A DISTILLATION
** THE SPOKESMAN SAID. CASE IS PRESENTED TO THE JURY,
ALSO
THAT BEFORE
BILL
PROPOSES THE OPERATE, A DECISION WILL NEED TO BE MADE COMPLEX COMMERCIAL CRIME.
PROCEDURES
CAN
THESE THAT THE CASE INVOLVES A
CLAUSES 3-5 OF THE BILL AND DECISION SHOULD BE MADE.
THE SCHEDULE SET OUT HOW THAT
THE AMBIT THE SCHEDULE LISTS OFFENCES WHICH MIGHT FALL WITHIN
GIVES THE ATTORNEY GENERAL OF A COMPLEX COMMERCIAL CRIME. THE BILL
INDICATED IN THE DISCRETION TO DECIDE, HAVING REGARD TO THE CRITERIA
LISTED CLAUSE 4, WHETHER THE EVIDENCE OF THE COMMISSION OF AN OFFENCE
ACCUSED TO BE COMMITTED FOR IN THE SCHEDULE IS SUFFICIENT FOR THE
THAT IT TRIAL, AND REVEALS A CASE OF SUCH SERIOUSNESS AND COMPLEXITY IS APPROPRIATE FOR THE NEW PROCEDURES TO APPLY.
WILL.
NEW PROCEDURES ARE ΤΟ THE
MAGISTRATE
FOR
APPROPRIATE,
AN ORDER
THE OF
IF HE DECIDES THAT THE APPLY ATTORNEY GENERAL TRANSFER OF THE CASE TO THE HIGH COURT.
THE
BE TO REMOVE WILL THE EFFECT OF THAT APPLICATION
IN THIS TYPE OF CASE. PROCEEDINGS COMMITTA). OPPORTUNITY FOR
BEFORE A APPEARANCES ARE THE PROCEEDINGS
PRELIMINARY (COMMITTAL
IF THERE 18 SUFFICIENT EVIDENCE FOR THE MAGISTRATE TO DETERMINE
"COMMITTED TO STAND TRIAL ON AN INDICTMENT ACCUSED TO BE ORDERED OR IN THE HIGH COURT BEFORE A JUDGE AND JURY.)
"I
A COMMITTAL, THE ALTHOUGH THE ACCUSED WILL LOSE THE RIGHT TO
THE PREPARATORY SAFEGUARD. DURING BILL
AN ALTERNATIVE PROVIDES HEARING THE ACCUSED WILL HAVE THE RIGHT TO APPLY TO THE JUDGE FOR
THAT THE EVIDENCE DISCHARGE PROSECUTION IS INSUFFICIENT TO ESTABLISH A PRIMA
ON THE
GROUNDS
HIS THE DISCLOSED BY FACIE CASE AGAINST
HIM.
UNDER CLAUSE 19 EVIDENCE MAY BE GIVEN ON WITH LEAVE OF THE JUDGE, THE SPOKESMAN SAID.
SUCH AN APPLICATION
THE "THEREFORE WHILE RIGHT TO A COMMITTAL HEARING WILL BE LOST
BASIS OF ACCUSED WILL STILL HAVE AN OPPORTUNITY FOR DISCHARGE ON THE
THE SPOKESMAN SAID. INSUFFICIENCY OF EVIDENCE,
CLAUSE 18
"
IMPOSES RESTRICTIONS
ON PRESS REPORTING OF THE CURRENTLY APPLY PREPARATORY HEARING. THEY ARE SIMILAR TO THOSE WHICH TO COMMITTAL PROCEEDINGS.
13