XN000022-1979-05-23 — Page 4

WEDNESDAY, MAY 23, 1979.

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NEW LOITER ING LAW WILL NOT RESULT IN UPSURGE OF PROSECUTIONS SAYS AG

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THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) THAT THE INTRODUCTION OF THE CRIMES (AMENDMENT) (NO. 2) BILL 1979, WOULD NOT RESULT IN AN UPSURGE IN THE NUMBER OF PROSECUTIONS FOR LOITERING.

HE SAID HE WOULD SEE TO IT THAT THE PROVISIONS OF THE BILL WOULD BE WIDELY KNOWN AT ALL LEVELS IN THE POLICE FORCE AND AMONG OTHERS.

MR. HOBLEY POINTED OUT THAT THE COMMISSIONER OF POLICE HAD ALSO FINALISED THE GUIDELINES WHICH HE PROPOSED TO ISSUE IN RELATION TO THE CONSIDERATION OF CHARGES FOR ANY OF THE OFFENCES UNDER THE PROPOSED SECTION 160.

+THESE INSTRUCTIONS ARE IMPORTANT BECAUSE THEY TACKLE THE POSSIBILITY OF ABUSE RIGHT AT THE OUTSET, HE TOLD THE COUNCIL.

+IN PARTICULAR, THE COMMISSIONER INTENDS TO DIRECT THAT A CHARGE FOR AN OFFENCE UNDER THE PROPOSED SECTION SHOULD NOT BE BROUGHT UNLESS THE CASE HAS BEEN CONSIDERED BY A CID OFFICER OF AT LEAST THE RANK OF INSPECTOR. THIS MEANS THAT A CASE WILL ALWAYS BE CONSIDERED BY AN EXPERIENCED POLICE OFFICER,+

MR. HOBLEY EMPHASISED THAT THE COMMISSIONER OF POLICE AND HIS SENIOR OFFICERS WERE FULLY ALERT TO THE RISKS OF ABUSE AND +THEY HAVE TAKEN PROPER STEPS TO COMBAT THAT RISK.+

CONCERNING STEPS THAT COULD BE TAKEN WHEN THERE WAS ABUSE OF POLICE POWER, MR. HOBLEY SAID WE MUST PLAINLY RELY ON THE MAJOR STEPS THAT HAVE BEEN TAKEN IN THE PAST TWO YEARS WITH THE DEVELOPMENT OF THE COMPLAINT AGAINST POLICE OFFICE AND THE MONITORING ROLE PERFORMED BY THE UMELCO GROUP.+

THE ATTORNEY GENERAL ADDED THAT THE COURSE THIS BILL HAD TAKEN WAS A GOOD EXAMPLE OF THE CONTINUOUS STRUGGLE ON THE ONE HAND TO UPHOLD THE FREEDOM OF THE INDIVIDUAL AND ON THE OTHER TO ENSURE EFFECTIVE MAINTENANCE OF LAW AND ORDER IN THE GENERAL PUBLIC INTEREST.

+I THINK IT CAN FAIRLY BE SAID THAT WE HAVE GOT THE BALANCE ABOUT RIGHT, + MR. HOBLEY SAID.

ALTHOUGH THE BILL HAD AROUSED CONTROVERSY WHICH WAS EXPECTED, MR. HOBLEY SAID THERE HAD BEEN GENERAL ACCEPTANCE OF THE FACT THAT THERE WAS A GANG PROBLEM WHICH MUST BE TACKLED.

HE SAID HIS DISCUSSIONS WITH UNOFFICIAL MEMBERS ON THE BILL HAD BEEN INTENSE AND THERE WAS A FRANK EXCHANGE OF VIEWS ON THE BILL AND THE PROBLEMS WHICH IT RAISED.

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