13
WEDNESDAY, JANUARY 18, 1989
THE POWER TO ENTER A NOLLE PROSEQUI WAS USED GENERAL TO TERMINATE CRIMINAL PROCEEDINGS, HE SAID,
BY THE ATTORNEY
ACCUSED AND OF THE AGAINST THE ACCUSED FOR
AN ACQUITTAL ITS USE DID NOT OPERATE AS FRESH PROCEEDINGS MIGHT LATER BE COMMENCED THE SAME OFFENCE.
THIS
KONG THE ATTORNEY GENERAL MR MATHEWS EXPLAINED THAT IN HONG WAS PERMITTED BY LAW TO DELEGATE MANY OF HIS FUNCTIONS INCLUDING ONE.
THE POWER TO ENTER A NOLLE PROSEQUI HAD BEEN DELEGATED CROWN PROSECUTOR AND TO THE THREE DEPUTY CROWN PROSECUTORS.
TO THE
TO PROVIDE THE THE ATTORNEY GENERAL SAID IT WAS NOT POSSIBLE
WHETHER OR COUNCIL WITH AN EXHAUSTIVE CRITERIA ADOPTED WHEN DECIDING NOT TO ENTER A NOLLE PROSEQUI AS THE FACTS OF EACH CASE DIFFERED.
SUSPECTED
"IN GENERAL THE PUBLIC INTEREST IN SEEING THAT THOSE
MUST BE WEIGHED AGAINST THE OF CRIMINAL ACTS ARE BROUGHT TO TRIAL
DELAY OR PREJUDICE INTEREST OF AN ACCUSED TO BE TRIED WITHOUT UNDUE TO HIS DEFENCE," HE SAID.
PROSEQUI HAD BEEN ENTERED.
UNDER WHICH NOLLES
HE CITED THREE EXAMPLES OF
CIRCUMSTANCES
BECAUSE OF
PHYSICAL HIS
BUT ACCUSED
THE
WAS FIRST
WHERE
INFIRMITY, A TRIAL WOULD BE UNFAIR TO THE TIME AN ACQUITTAL WAS NOT WARRANTED.
OR MENTAL AT THE SAME
KRY WITNESS THE SECOND WAS WHERE THERE WAS INFORMATION THAT A
INTIMIDATED NOT TO ATTEND WHERE AN
TO A SERIOUS OFFENCE HAD BEEN BRIBED OR COURT TO GIVE BVIDENCE FOR THE PROSECUTION IN CIRCUMSTANCES ACQUITTAL AS A RESULT OF SUCH MISCONDUCT WOULD NOT BE INTEREST.
THE THIRD EXAMPLE WAS WHEN CHARGES WRONG COURT AND WHERE THE ENTRY OF A NOLLE MEANS OF EFFECTING JUSTICE IN THE APPROPRIATE FORUM.
IN THE PUBLIC
HAD
BROUGHT BERN
WAS PROSEQUI
THE IN THE ONLY
NOLLES PROSEQUI WERE ENTERED 49 TIMES 1987 AND 23 TIMES LAST YEAR, MR MATHEWS SAID.
IN 1986, 23
TIMES
IN
OF NOLLES PROSEQUI IN INDIVIDUAL
"I DO NOT CONSIDER IT PROPER TO DISCLOSE REASONS FOR THE
CASES, SINCE CASES
BE PREJUDICIAL: HOWEVER RESURRECTED, AND SUCH DISCLOSURE COULD WELL THE GROUNDS ON THESE OCCASIONS HAVE VARIED AND HAVE INCLUDED CASES OF THE KIND TO WHICH I HAVE ALREADY REFERRED," HE ADDED.
CAN
ENTRY BE
+
14.