XN000022-1978-07-07 — Page 4

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FRIDAY, JULY 7, 1978

GENERALLY, THE PROPOSED LEGISLATION WAS SUCH AS TO PERMIT MAXIMUM FLEXIBILITY IN THE DEVELOPMENT OF THIS NEW IDEA, THE SPOKESMAN SAID.

HE ALSO POINTED OUT THE BILL HAD BEEN DRAFTED IN GENERAL TERMS TO ENABLE IT TO BE APPLIED FLEXIBLY ON THE DIRECTIONS OF THE CHIEF JUSTICE.

+IT IS ENVISAGED THAT THE CHIEF JUSTICE WILL ARRANGE FOR AN ASSESSOR TO SIT WITH ALL EXPATRIATE MAGISTRATES DURING THE LR FIRST TWO AND A HALF YEARS OF SERVICE, HE SAID.

HE SAID AN ASSESSOR WOULD HAVE THE RIGHT TO ADVISE THE MAGISTRATE, WHO WOULD NOT BE BOUND HOWEVER TO ACCEPT THE ADVICE.

THE SPOKESMAN SAID ASSESSORS WOULD BE SELECTED BY THE REGISTRAR OF THE SUPREME COURT FROM A PANEL APPOINTED BY THE CHIEF JUSTICE AFTER CONSULTATION WITH THE SECRETARY FOR HOME AFFAIRS.

HE SAID A TENTATIVE LIST OF POTENTIAL LAY ASSESSORS HAD ALREADY BEEN DRAWN UP BY THE SECRETARY FOR HOME AFFAIRS TOTALLING 354 PERSONS, OF WHOM 62 WERE UNOFFICIAL JUSTICES OF THE PEACE, 94 WERE UNOFFICIAL MEMBERS OF GOVERNMENT BOARDS OR COMMITTEES, 143 WERE PERSONS IN REGULAR CONTACT WITH THE HOME AFFAIRS AND INFORMATION BRANCH AND THE HOME AFFAIRS DEPARTMENT AND 55 WERE MEMBERS OF TERTIARY EDUCATION INSTITUTIONS.

HE SAID THE LIST EXCLUDED MEMBERS OF THE EXECUTIVE, LEGISLATIVE AND URBAN COUNCILS AND MEMBERS OF THE LEGAL PROFESSION. IT WAS ENVISAGED THAT THE LIST MIGHT BE EXTENDED AT A LATER DATE IF THE SCHEME WAS TO BE EXPANDED TO COVER PERSONS ON THE LIST OF JURORS AND SECONDARY SCHOOL TEACHERS. IF AN ASSESSOR WAS ABSENT DURING A TRIAL THE MAGISTRATE COULD STILL HEAR THE CASE.

THE BILL ALSO CONTAINS TWO AMENDMENTS TO THE MAGISTRATES ORDINANCE RELATING TO COMMITTAL PROCEEDINGS.

THE SPOKESMAN SAID THERE WERE OCCASIONS WHERE, ONCE COMMITTAL PROCEEDINGS HAD STARTED, IT WAS DESIRABLE TO USE WRITTEN STATEMENTS OF WITNESSES' ÉVIDENCE RATHER THAN CALL THEM TO GIVE EVIDENCE ORALLY.

BUT A RULE REQUIRING DELIVERY OF WRITTEN STATEMENTS 10 DAYS BEFORE THE DATE FIXED FOR THE HEARING PREVENTED THIS, WHICH HAD SOMETIMES RESULTED IN PROCEEDINGS BEING UNNECESSARILY PROLONGED.

HE SAID THE AMENDMENT PROVIDED THAT, WHERE WRITTEN STATEMENTS WERE TO BE TENDERED IN COURT BY THE PROSECUTOR, COPIES MUST BE DELIVERED TO THE MAGISTRATE AND THE ACCUSED 10 DAYS PRIOR TO TENDERING. THIS WOULD MEAN THAT STATEMENTS COULD NOW BE TENDERED WHILE COMMITTAL PROCEEDINGS WERE IN PROGRESS.

THE OTHER AMENDMENT WILL MEAN THAT MINOR DEVIATIONS FROM PROCEDURE WILL NOT RENDER WRITTEN STATEMENTS INADMISSIBLE.

AT PRESENT, THE SPOKESMAN SAID, ANY VARIATION OF PROCEDURE HAD THIS EFFECT AND COULD RESULT IN COMMITTAL PROCEEDINGS HAVING TO BE STARTED AFRESH.

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