WEDNESDAY, JANUARY 15, 1992
7
BILL ENABLES COMPUTERISED SYSTEM FOR ISSUE OF SUMMONSES
*
THE MAGISTRATES (AMENDMENT) BILL 1991 SEEKS COMPUTERISED SYSTEM FOR THE ISSUE OF SUMMONSES IN COURTS.
TO THE
INTRODUCE
MAGISTRATES
A
THE LEGISLATIVE JEREMY MATHEWS
REFER
ANY
JUDGE
SECOND READING OF THE BILL IN (WEDNESDAY), THE ATTORNEY GENERAL, MR ALSO SEEKS TO EMPOWER THE GOVERNOR TO COURT DECISION IN A CRIMINAL CASE TO A HIGH COURT
THE MOVING
TODAY COUNCIL SAID THE BILL MAGISTRATES
FOR RECONSIDERATION.
AT PRESENT, THE PROCESSING OF SUMMONSES IN MAGISTRACIES IS DONE
MANUALLY.
MR
WERE ISSUED. MATHEWS SAID IN 1990, OVER 300,000 SUMMONSES
BETWEEN IN MANY MAGISTRACIES, A DELAY OF SEVERAL WEEKS COULD ELAPSE THE RECEIPT OF A COMPLAINT AND THE ISSUE OF THE SUMMONS.
"THE AMENDMENTS PROPOSED WILL ENABLE SUMMONSES TO BE ISSUED COMPUTER AND PROCESSED BY MAGISTRATES OR BY AUTHORISED OFFICERS.
BY
COMPUTERISED SUMMONS
"IT IS ANTICIPATED THAT THE INTRODUCTION OF SYSTEM WILL GREATLY REDUCE THE WAITING TIME FOR THE ISSUE OF AND WILL ENHANCE THE EFFICIENT ADMINISTRATION OF JUSTICE,' SAID.
11
MR MATHEWS
THE BILL WILL ALSO EMPOWER THE GOVERNOR TO REFER ANY DECISION FOR OF A MAGISTRATE IN A CRIMINAL CASE TO A JUDGE OF THE HIGH HIS CONSIDERATION.
COURT
MR MATHEWS SAID AT PRESENT THE GOVERNOR HAS NO SUCH POWER.
POWER
HE SAID THIS IS ANOMALOUS SINCE THE GOVERNOR ALREADY HAS TO REFER HIGH COURT AND DISTRICT COURT CASES TO THE COURT OF APPEAL.
ARE "SUCH REFERENCES
A USUALLY MADE ON MY ADVICE. SITUATION GIVING RISE TO A REFERENCE IS WHERE FRESH EVIDENCE COMES LIGHT AFTER CONVICTION WHICH SUGGESTS THAT THE CONVICTION UNSAFE.
COMMON
ΤΟ
MIGHT BE
WHEREBY
"THIS POWER OF REFERENCE PROVIDES THE ONLY POSSIBLE INSTANCES OF INJUSTICE CAN BE RECTIFIED AFTER ALL CHANNELS OF APPEAL AVAILABLE
BEEN TO THE PERSON CONVICTED HAVE EXPLAINED.
HE
MEANS
EXHAUSTED,"
HE ADDED THAT IT IS NOT THE PURPOSE OF REFERENCE INCREASE IN A SENTENCE ALREADY IMPOSED.
TO SEEK AN
REFERENCE IS MADE IT WILL BE THE
COURTS THAT
WILL
"WHERE A DETERMINE THE OUTCOME.
"THE REFERENCE WILL BE TREATED AS AN APPEAL AND
WILL BE BASED ENTIRELY ON DETERMINATION
THE MERITS CONVICTION AND SENTENCE," HE SAID.
44
DEBATE ON THE BILL WAS ADJOURNED.
THE BOTH
COURT'S
AS
TO
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