冉
TUESDAY, DECEMBER 19, 1989
REPORT ON BAIL IN CRIMINAL PROCEEDINGS PUBLISHED
THE LAW REFORM COMMISSION TODAY {TUESDAY] PUBLISHED ITS REPORT
ON BAIL IN CRIMINAL PROCEEDINGS.
PRESENTING THE REPORT, THE CHAIRMAN OF THE COMMISSION'S SUB-COMMITTEE ON THE SUBJECT, MR JUSTICE LIŲ, SAID THE REPORT WAS THE OF SOME FOUR YEARS OF WORK BY THE COMMISSION AND ITS SUB-COMMITTEE.
RESULT
MR JUSTICE LIU SAID THE AIM OF THE REPORT WAS TO MAKE RECOMMENDATIONS THAT WOULD MAINTAIN THE PRESUMPTION OF INNOCENCE AND THE LIBERTY OF THE SUBJECT WHILE GIVING DUE RECOGNITION TO THE SECURITY OF THE COMMUNITY.
"IN REACHING OUR CONCLUSIONS, WE HAVE HAD CONSTANTLY IN MIND THE IMPORTANCE OF BALANCING THE RIGHT TO LIBERTY OF THE INDIVIDUAL WITH THE SECURITY OF THE COMMUNITY AND THE NEED TO ENSURE THAT ANY SYSTEM OF BAIL MUST BE PRACTICABLE FOR THE BAIL AUTHORITY, HE ADDED.
"THE REPORT MAY SOMETIMES SEEM TO LEAN TOWARDS THE DEFENDANT BUT THAT IS BECAUSE WE BELIEVE OUR COMMON LAW SYSTEM PREFERS LIBERTY AND DUE PROCESS TO PREVENTIVE CUSTODY AND DETENTION WITHOUT TRIAL, HE SAID.
A BASIC PREMISE OF THE PROPOSALS MADE BY THE COMMISSION IS THAT THE LAW ON BAIL IN CRIMINAL PROCEEDINGS SHOULD BE CODIFIED.
CODIFICATION, THE COMMISSION ARGUES, WILL MAKE THE LAW CLEARER, MORE CERTAIN AND MORE READILY ACCESSIBLE BY THE PUBLIC.
1
A KEY INGREDIENT OF SUCH A CODE THE COMMISSION THAT THERE SHOULD BE A STATUTORY RIGHT TO BALL.
PROPOSES, IS
THE CODE WOULD CONFER A GENERAL RIGHT ON ALL PERSONS TO BE RELEASED ON BAIL PENDING A FIRST APPEARANCE IN COURT AND PENDING FURTHER APPEARANCES IN THE SAME PROCEEDINGS.
THIS RIGHT TO BAIL WOULD HE SUBJECT TO CERTAIN SPECIFIED EXCEPTIONS, INCLUDING THE FACT THAT THE DEFENDANT MIGHT ABSCOND, THAT HE NIGHT COMMIT FURTHER OFFENCES, OR THAT HE NIGHT INTERFERE WITH WITNESSES.
THE CODE WOULD RECOMMEND A LIST OF RELEVANT FACTORS WHICH MAY BE CONSIDERED BY THE BALL AUTHORITY IN DECIDING WHETHER ON NOT AN INDIVIDUAL SHOULD BE DETAINED.
COUPLED WITH THIS CLARIFICATION OF THE DEFENDANT'S BAIL, THE COMMISSION PROPOSES THAT PERSONAL, RECOGNIZANCES ABOLISHED AND THERE SHOULD BE LESS EMPHASIS ON CASH BAIL.
RIGHT TO SHOULD
BE
THE POWER TO REQUIRE A DEFENDANT TO DEPOSIT CASH SHOULD BE PRESERVED BUT IT SHOULD BE SOUGHT ONLY WHERE IT 19 NECESSARY TO ENSURE THE APPEARANCE OF THE DEFENDANT.
/TO PROVIDE