12
WEDNESDAY, JUNE 26, 1991
CHARGED PERSON HAS A RIGHT TO APPLY FOR BAIL
* *
A PERSON CHARGED WITH A CRIMINAL OFFENCE HAD A RIGHT ΤΟ APPLY PUR BAIL PENDING TRIAL, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID IN REPLY ΤΟ A QUESTION BY THE HON MRS RITA FAN IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MR MATHEWS POINTED OUT THAT THE QUESTION OF WHETHER BAIL IS TO BE GRANTED OR REFUSED IS DECIDED BY THE COURTS AND BY THE COURTS ALONE.
"USUALLY, AN APPLICATION FOR BAIL WILL BE MADE TO THE
MAGISTRATE BEFORE WHOM THE ACCUSED PERSON FIRST APPEARS.
"IF HE IS NOT GRANTED BAIL BY THE MAGISTRATE, HE MAY APPLY BAIL BEFORE A HIGH COURT JUDGE, HE SAID.
**
FOR
IN DETERMINING WHETHER BAIL SHOULD BE GRANTED, MR MATHEWS SAID COURTS RECOGNISED THE PRESUMPTION OF INNOCENCE AND THAT AN ACCUSED PERSON SHOULD BE RELEASED ON BAIL UNLESS THERE WERE GOOD REASONS WHY BIL SHOULD NOT BE GRANTED.
"BAIL WILL NOT BE GRANTED WHERE A COURT IS SATISFIED THAT THERE IS AN UNACCEPTABLE RISK THAT THE ACCUSED PERSON, IF RELEASED ON BAIL, WOULD FAIL TO RETURN TO THE COURT TO ANSWER THE CHARGES, WOULD COMMIT FURTHER OFFENCES, OR WOULD INTERFERE WITH WITNESSES OTHERWISE OBSTRUCT THE COURSE OF JUSTICE,' THE ATTORNEY GENERAL SAID.
T
OR OR
HE SAID IN DECIDING WHETHER TO GRANT OR REFUSE BAIL, COURTS CONSIDERED THE REASONS ADVANCED BY THE ACCUSED PERSON FOR BAIL AND ANY GROUNDS THE PROSECUTION RELIED UPON TO OPPOSE BAIL.
**BAIL MAY BE GRANTED SUBJECT TO CONDITIONS, SUCH AS REGULAR REPORTING TO THE POLICE OR SURRENDER OF TRAVEL DOCUMENTS.
"THESE CONDITIONS ARE DESIGNED ΤΟ SECURE THE ATTENDANCE OF ACCUSED PERSONS," HE SAID.
THE ATTORNEY GENERAL SAID WHERE A MAGISTRATE OR A DISTRICT COURT JUDGE DECIDED TO GRANT BAIL TO A DEFENDANT CHARGED WITH ANY OFFENCE, HE COULD APPLY TO THE HIGH COURT FOR A REVIEW OF THAT DECISION.
MR MATHEWS SAID IT WAS USUAL FOR THE CROWN VIGOROUSLY TO OPPOSE BAIL IN SERIOUS DRUGS CASES BECAUSE OF THE RISK THAT PERSONS CHARGED WITH SUCH SERIOUS OFFENCES MIGHT ABSCOND.
FOR THE COURTS TO SERIOUS DRUGS
"I UNDERSTAND THAT, INDEED, IT IS UNUSUAL GRANT BAIL TO ACCUSED PERSONS WHO ARE CHARGED WITH A OFFENCE," HE SAID.
0
/13