XN000022-1978-12-20 — Page 5

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WEDNESDAY, DECEMBER 20, 1978

BILL TO GIVE ATTORNEY GENERAL POWER

TO SEEK A REVIEW OF BAIL DECISION

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THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY SAID TODAY (WEDNESDAY) PROPOSALS GIVING HIM THE POWER TO SEEK A REVIEW OF A COURT DECISION TO GRANT BAIL WOULD BE A USEFUL IMPROVEMENT TO THE ADMINISTRATION OF JUSTICE.

SPEAKING IN THE LEGISLATIVE COUNCIL AT THE SECOND READING OF THE CRIMINAL PROCEDURE (AMENDMENT) (NO. 4) BILL, WHICH CONTAINED SUCH PROPOSALS, MR. HOBLEY SAID THE LEVEL OF PUBLIC CONCERN OVER THE ABSCONDENCE OF DEFENDANTS CALLED FOR POSITIVE ACTION.

HE SAID THE PROPOSED LAW DID NOT IMPOSE ANY RESTRAINT ON THE DISCRETION WHICH MAGISTRATES AND JUDGES HAVE WITH RESPECT TO THE GRANT OF BAIL.

+WHAT IT WILL DO IS TO GIVE THE CROWN A RIGHT TO HAVE DECISIONS OF MAGISTRATES AND DISTRICT JUDGES GRANTING BAIL REVIEWED IN THE HIGH COURT AT THE INSTANCE OF THE ATTORNEY GENERAL.+

HE SAID THE BILL WOULD PUT THE PROSECUTION IN THE SAME POSITION WHERE BAIL WAS GRANTED AS A DEFENDANT HAD ALWAYS BEEN WHERE BAIL WAS REFUSED.

+A DEFENDANT WHO IS REFUSED BAIL HAS ALWAYS BEEN ABLE TO APPLY TO THE HIGH COURT FOR A REVIEW AND IS ABLE TO APPLY TO ONE JUDGE AFTER ANOTHER IF HE IS UNSUCCESSFUL.+

BUT HE SAID THE DECISION OF THE HIGH COURT JUDGE ON A REVIEW UNDER THE PROPOSED LAW AT THE INSTANCE OF THE ATTORNEY GENERAL WOULD BE FINAL, AND THERE WOULD BE NO APPEAL BY EITHER PARTY.

+THE PROPOSED FINALITY OF THE DECISION ON A REVIEW HAS LED ME TO PROPOSE ALSO THAT A DEFENDANT'S RIGHT AT LARGE TO GO FROM JUDGE TO JUDGE SHOULD NOW BE ABROGATED.+

MR. HOBLEY SAID THE BILL ALSO PROVIDED FOR THE ADMISSION OF ANY RELEVANT MATERIAL OR ARGUMENT WHICH EFFECTIVELY MEANT THAT THE REVIEW BY A HIGH COURT JUDGE WOULD BE A RE-HEARING OF THE BAIL ISSUE.

ANOTHER SECTION OF THE BILL ALLOWS THE ATTORNEY GENERAL, WHERE A MAGISTRATE OR DISTRICT JUDGE HAS GRANTED BAIL, TO INTERVENÉ AND REQUIRE THE COURT TO ORDER THE DEFENDANT'S DETENTION IN CUSTODY PENDING THE MAKING OF AN APPLICATION TO REVIEW.

MR. HOBLEY SAID: +1 JUSTIFY THIS PROPOSAL ON THE VERY SIMPLE GROUND THAT WITHOUT IT THE NEW ARRANGEMENTS MAY BE FRUSTRATED FROM THE OUTSET BECAUSE THE DEFENDANT ABSCONDS BEFORE THE ATTORNEY GENERAL CAN ACT.+

A SECTION OF THE BILL REQUIRES THAT A DEFENDANT WHO IS SO KEPT IN CUSTODY MUST BE BROUGHT BEFORE A HIGH COURT JUDGE WITHIN 48 HOURS.

/THE.....