XN000022-1979-04-25 — Page 18

EDNESDAY, APRIL 25, 1979

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ESTABLISHING AGE OF YOUNG OFFENDERS ******

THE DETERMINATION OF AGE (MISCELLANEOUS AMENDMENTS) BILL 1979, WHICH DEALS WITH THE AGE OF YOUNG OFFENDERS, WAS READ THE SECOND TIME AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE ATTORNEY-GENERAL, THE HON. JOHN HOBLEY SAID THE BILL SEEKS TO INTRODUCE INTO THE CRIMINAL PROCEDURE ORDINANCE A PROVISION FOLLOWING SECTION 80(3) OF THE ENGLISH CRIMINAL JUSTICE ACT 1948.

THE PROVISION FOLLOWED A SUGGESTION MADE BY THE HON. PETER C. WONG DURING THE DEBATE IN JUNE LAST YEAR ON THE DETENTION CENTRES (AMENDMENT) BILL.

MR. WONG THEN EMPHASISED THE IMPORTANCE, IN RELATION TO THE SENTENCING AND TREATMENT OF YOUNG OFFENDERS, OF ESTABLISHING THE IR AGE WITH DUE REGARD TO ALL AVAILABLE EVIDENCE.

+WHILE IT IS UNDOUBTEDLY TRUE TO SAY THAT A COURT WOULD CONSIDER THE AVAILABLE EVIDENCE AS A MATTER OF COURSE, MR. WONG DREW THE COUNCIL'S ATTENTION TO SECTION 80(3) AND URGED THE

INTRODUCTION OF A SIMILAR PROVISION HERE.

+THAT SUB-SECTION SPECIFICALLY REQUIRES A COURT TO HAVE REGARD TO THE AVAILABLE EVIDENCE OF AN OFFENDER'S AGE AND THEN PROVIDES THAT ONCE A COURT HAS DETERMINED AGE THE FINDING IS CONCLUSIVE NOTWITHSTANDING THAT IT MAY SUBSEQUENTLY TRANSPIRE THAT THE OFFENDER'S ACTUAL AGE IS DIFFERENT, SAID MR. HOBLEY.

THE NEW PROVISION WILL APPLY TO ALL COURTS, AND IS OF GENERAL APPLICATION.

MR. HOBLEY POINTED OUT THAT THE BILL ALSO PROPOSES SPECIFIC AMENDMENTS TO THE REFORMATORY SCHOOLS ORDINANCE AND THE JUVENILE OFFENDERS ORDINANCE SO AS TO INSERT PROVISIONS REQUIRING COURTS DEALING WITH YOUNG OFFENDERS UNDER EITHER OF THOSE ORDINANCES TO HAVE REGARD TO THE AVAILABLE EVIDENCE AS TO AGE.

THOSE ORDINANCES ALREADY CONTAIN A PROVISION MAKING A COURT'S DETERMINATION OF AGE CONCLUSIVE.

THE OPPORTUNITY IS BEING TAKEN TO AMEND THE PROTECTION OF WOMEN AND JUVENILES ORDINANCE TO ADD TO THAT ORDINANCE ALSO A PROVISION FOLLOWING SECTION 80(3), WHICH WILL APPLY WHERE A COURT IS DEALING WITH JUVENILES IN NEED OF CARE AND PROTECTION, SAID MR. HOBLEY.

DEBATE ON THE BILL WAS ADJOURNED.

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