3
FRIDAY, APRIL 24, 1992
CHANGE TO ATTORNEY GENERAL'S POWER TO ENTER
A NOLLE PROSEQUI PROPOSED
* * * * * *
AMENDMENTS) BILL THE ADMINISTRATION OF JUSTICE (MISCELLANEOUS
OF THE ATTORNEY 1992 GAZETTED TODAY (FRIDAY) PROPOSES THE ABOLITION
AND GENERAL'S POWER TO ENTER A NOLLE PROSEQUI IN PURELY SUMMARY CASES
FOR CHANGING VENUE OF THE ESTABLISHMENT OF A STATUTORY PROCEDURE CRIMINAL TRIAL.
THE ATTORNEY GENERAL HAS A COMMON LAW RIGHT TO DISCONTINUE CRIMINAL PROSECUTION BY ENTERING A NOLLE PROSEQUI.
ENTERING
NOLLE A
PROSEQUI
IS TO
ANY
TERMINATE
TO
THE EFFECT OF CRIMINAL PROCEEDINGS, WITHOUT PREJUDICE TO THE PROSECUTION'S RIGHT REINSTITUTE THEM AT A LATER DATE.
A NOLLE
IS DEFENDANT INCAPACITY.
BE MAY PROSEQUI
STAND UNFIT TO
ENTERED,
FOR
TRIAL
EXAMPLE, THROUGH MENTAL
WHERE
A
OR
PHYSICAL
IN THE ABSENCE OF STATUTORY PROVISIONS, THE NOLLE PROSEQUI ALSO BEEN USED TO CHANGE THE VENUE OF TRIAL.
HAS
COURT
ON OCCASION FOLLOWING TRANSFER OF A CASE TO THE DISTRICT
HAVE BEEN DISCOVERED OR COMMITTAL TO THE HIGH COURT CIRCUMSTANCES
OR LESSER SERIOUSNESS THAN RENDERING AN ALLEGED OFFENCE OF GREATER ORIGINALLY ESTIMATED.
HAS THUS
THE SCHEDULED COURT PROCEEDINGS AND IT HAS BEEN NECESSARY TO ENTER A NOLLE A VIEW TO RECOMMENCING THE PROSECUTION AFRESH.
INAPPROPRIATE BECOME
FOR THE PROSEQUI WITH
FOLLOWING A
CARRIED REVIEW
END
THE 1988, PROSEQUI IN ATTORNEY GENERAL DECIDED THAT THE POWER TO ENTER A NOLLE
AS BEING UNNECESSARY PURELY SUMMARY PROCEEDINGS SHOULD BE ABOLISHED AND THAT THERE SHOULD BE A STATUTORY PROCEDURE FOR CHANGING THE OF TRIAL.
OUT
THE AT
OF
VENUE
THE BILL WILL BE INTRODUCED INTO
THE LEGISLATIVE
COUNCIL ON
MAY 6.
14