XN000022-1978-04-01 — Page 3

SATURDAY, APRIL 1, 1978

AMENDMENT TO PUBLIC ORDER ORDINANCE

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A BILL PROPOSING TO GIVE COURTS THE OPTION OF SENDING PERSONS AGED BETWEEN 14 AND 17 YEARS, WHO ARE CONVICTED OF UNLAWFULLY POSSESSING AN OFFENSIVE WEAPON IN A PUBLIC PLACE, TO A TRAINING CENTRE OR TO A DETENTION CENTRE HAS BEEN PUBLISHED IN THE GOVERNMENT GAZETTE.

UNDER EXISTING LAW, SUCH OFFENDERS CAN ONLY BE SENT TO A TRAINING CENTRE IF THEY ARE SUITABLE FOR DETENTION IN A DETENTION CENTRE AND NO PLACE IS AVAILABLE.

A GOVERNMENT SPOKESMAN SAID THE PUBLIC ORDER (AMENDMENT) BILL WOULD REMOVE THIS RESTRICTION.

HE SAID DETENTION CENTRES PROVIDED A SHORT, SHARP PERIOD OF TREATMENT FOR YOUNG OFFENDERS AGED BETWEEN 14 AND 25, WHEREAS TRAINING CENTRES PROVIDED FOR LONGER TERM TRAINING AND REFORMATION OF YOUNG OFFENDERS AGED BETWEEN 14 AND 21.

THE SPOKESMAN SAID LAST YEAR A SUPREME COURT JUDGE HAD CALLED ATTENTION TO A CASE IN WHICH DETENTION IN EITHER A TRAINING CENTRE OR A DETENTION CENTRE APPEARED APPROPRIATE BUT AS THE 16-YEAR-OLD OFFENDER WAS MEDICALLY UNFIT FOR A DETENTION CENTRE HE WAS CONSEQUENTLY ALSO PRECLUDED FROM BEING SENT TO A TRAINING CENTRE. THE JUDGE HAD SUGGESTED AT THE TIME THAT THE LAW BE AMENDED.

THE BILL WILL ALSO ENABLE A PERSON CONVICTED OF UNLAWFUL POSSESSION OF AN OFFENSIVE WEAPON IN A PUBLIC PLACE TO BE SENT FOR MENTAL TREATMENT. AT PRESENT, MENTAL TREATMENT CANNOT BE ORDERED, HOWEVER DESIRABLE IT MAY BE IN PARTICULAR CASES.

A FURTHER AMENDMENT TO THE PUBLIC ORDER ORDINANCE PROVIDES FOR CASES OF UNLAWFUL POSSESSION OF AN OFFENSIVE WEAPON IN A PUBLIC PLACE TO BE TRIED IN THE DISTRICT AND HIGH COURTS, AS WELL AS IN A MAGISTRATE'S COURT.

THE SPOKESMAN SAID SUCH CASES COULD ONLY BE TRIED IN THE DISTRICT COURT AT PRESENT WITH LEAVE OF A MAGISTRATE AND COULD NOT BE TRIED AT ALL IN THE HIGH COURT.

+AS SERIOUS CASES OF THIS OFFENCE DO ARISE, IT IS DESIRABLE THAT THE PROSECUTION SHOULD BE ABLE TO TAKE PROCEEDINGS AGAINST OFFENDERS IN THE DISTRICT COURT AS OF RIGHT, HE SAID.

+ALSO IT IS SOMETIMES APPROPRIATE THAT SUCH AN OFFENCE SHOULD BE TRIED ALONG WITH OTHER RELATED OFFENCES IN THE HIGH COURT, HE ADDED.

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