XN000022-1980-04-03 — Page 2

THURSDAY, APRIL 3, 1980

NEW FREEDOM OF EVIDENCE BY SPOUSES PROPOSED

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SPOUSES OF PERSONS FACING CRIMINAL CHARGES WILL BE PERMITTED TO TESTIFY FOR THE PROSECUTION IN FUTURE IF A PROPOSED AMENDMENT TO EXISTING LEGISLATION IS PASSED BY THE LEGISLATIVE COUNCIL.

THIS IS THE MAIN PROPOSAL CONTAINED IN THE CRIMINAL PROCEDURE (AMENDMENT) (NO 2) BILL 1980, PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (THURSDAY).

AT THE MOMENT, THE SPOUSE OF A DEFENDANT CAN TESTIFY FOR THE DEFENCE BUT IS PREVENTED BY LAW FROM APPEARING AS A WITNESS FOR THE PROSECUTION, EVEN IF HE OR SHE WISHES TO.

THE BILL SEEKS TO REMOVE THIS PROHIBITION, THEREBY ENABLING A PERSON TO TESTIFY AGAINST HIS OR HER SPOUSE.

A GOVERNMENT SPOKESMAN POINTED OUT THAT A SPOUSE WILL HAVE COMPLETE FREEDOM TO DECIDE WHETHER OR NOT TO GIVE EVIDENCE OR TO DISCLOSE ANY PRIVILEGED COMMUNICATION MADE WITH THE DEFENDANT DURING THE IR MARRIAGE.

THE SPOKESMAN ADDED THAT THE PROPOSAL WAS DRAFTED AFTER CONSULTATIONS WITH THE CHIEF JUSTICE, THE BAR ASSOCIATION AND THE LAW SOCIETY.

ALSO PROPOSED IN THE BILL ARE AMENDMENTS TO TWO PROCEDURAL PROVISIONS OF THE PRINCIPAL ORDINANCE WHICH ARE BASED ON ENGLISH LEGISLATION, AND WHICH HAVE BEEN THE SUBJECT OF JUDICIAL INTERPRETATION AND REFORM IN ENGLAND.

ONE AMENDMENT PERMITS CROSS-EXAMINATION AS TO THE CHARACTER OF AN ACCUSED PERSON WHO TESTIFIES AGAINST ANOTHER DEFENDANT IN THE SAME TRIAL. THE OTHER PROVIDES GROUNDS FOR AN APPEAL AGAINST CONVICTION WHERE A PLEA OF GUILTY IS ENTERED IN ERROR.

STIFFER PENALTIES FOR UNSCRUPULOUS VEHICLE OWNERS

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THE GOVERNMENT PROPOSES TO INTRODUCE STIFFER PENALTIES TO DEAL WITH VEHICLE OWNERS WHO REFUSE TO IDENTIFY DRIVERS SUSPECTED OF HAVING COMMITTED MOVING TRAFFIC OFFENCES.

THE PROPOSALS ARE CONTAINED IN THE ROAD TRAFFIC (AMENDMENT) BILL 1980, PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (THURSDAY).

THE BILL EMPOWERS THE COURT TO ORDER AN OWNER TO DISCLOSE THE IDENTITY OF THE PERSON DRIVING HIS VEHICLE AT THE TIME OF AN ALLEGED OFFENCE.

AT THE MOMENT, PERSONS FAILING TO PROVIDE THE POLICE WITH THE INFORMATION ARE LIABLE TO A FINE OF $2 000 AND IMPRISONMENT FOR SIX MONTHS.

/UNDER THE