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WEDNESDAY, JULY 14, 1993
HOWEVER, HE AGREED THAT THIS ISSUE SHOULD BE KEPT UNDER CONSTANT REVIEW AND THAT HE WOULD DISCUSS THIS MATTER FURTHER WITH THE RECREATION AND CULTURE PANEL IN FUTURE.
THE BILL WAS PASSED WITH AMENDMENTS.
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CRIMINAL PROCEDURE (AMENDMENT) BILL 1993 INTRODUCED
* * *
THE PRINCIPAL OBJECT OF THE CRIMINAL PROCEDURE (AMENDMENT) BILL 1993 IS TO CREATE A STATUTORY RIGHT TO BAIL FOLLOWING RECOMMENDATIONS MADE BY THE LAW REFORM COMMISSION IN ITS REPORT ON BAIL IN CRIMINAL PROCEEDINGS.
MOVING THE SECOND READING OF THE BILL, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID IT HAD BEEN THE PRACTICE OF THE COURTS FOR MANY YEARS TO GRANT BAIL PENDING TRIAL, EXCEPT WHERE THERE WAS GOOD REASON NOT TO DO SO.
ΤΟ
"A
GOOD REASON TO DENY BAIL EXISTS WHERE THERE ARE GROUNDS FEAR THAT THE DEFENDANT WILL FAIL TO APPEAR AT FUTURE COURT HEARINGS. OR WILL COMMIT OFFENCES WHILE ON BAIL, OR WILL INTERFERE WITH THE COURSE OF JUSTICE; AND ALSO WHERE THE DEFENDANT SHOULD BE REMANDED IN CUSTODY FOR HIS OWN PROTECTION, HE SAID.
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THE BILL PROPOSED TO GIVE STATUTORY EFFECT TO THE PRACTICE OF THE COURTS, AND FOR THE FIRST TIME WOULD CREATE A POSITIVE PRESUMPTION IN FAVOUR OF BAIL.
"THIS
WILL IN NO WAY DETRACT FROM THE POWERS OF THE COURT TO REFUSE BAIL IN APPROPRIATE CIRCUMSTANCES.
"IT WILL, HOWEVER, PROHIBIT THE ARBITRARY OR UNREASONABLE REFUSAL OF BAIL, AND WILL IMPOSE A DUTY UPON THE COURTS TO EXPLAIN THE BASIS ON WHICH BAIL IS REFUSED, MR MATHEWS STRESSED.
THE PROPOSED AMENDMENT EMPHASISED THE NEED FOR THE COURT TO CONSIDER PROPERLY THE ALLEGED FACTS ON WHICH OBJECTIONS TO BAIL WERE BASED, AND PROVIDED THAT CONDITIONS OF BAIL MIGHT BE IMPOSED ONLY WHERE THE COURT CONSIDERED THEM TO BE NECESSARY.
IN THE VAST MAJORITY OF CASES, HE SAID, THE ISSUE FOR THE COURT TO DETERMINE WOULD BE WHETHER THE DEFENDANT WOULD FAIL TO SURRENDER TO CUSTODY, COMMIT AN OFFENCE ON BAIL OR INTERFERE WITH THE COURSE OF JUSTICE.
OBJECTIONS,
"IN DEFINING THE STANDARD OF PROOF FOR PROSECUTION THE BILL STATES THAT THE COURT MUST GRANT BAIL UNLESS IT APPEARS ΤΟ THE COURT THAT THERE IS AN UNACCEPTABLE RISK THE DEFENDANT WILL DO ONE OR MORE OF THOSE THREE THINGS, HE POINTED OUT.
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THE PROPOSED PRESUMPTION IN FAVOUR OF BAIL WOULD ARISE ONLY PRIOR TO CONVICTION. IT WOULD NOT APPLY TO BAIL PENDING APPEAL, ALTHOUGH COURTS WOULD RETAIN THEIR PRESENT DISCRETIONARY POWERS TO GRANT BAIL.
/THE BILL