WBONESDAY, JULY 18, 1984
- IN FUTURE, THE PROBLEM WILL BE LEFT TO THIS COUNCIL TO DEAL WITH BY RESOLUTION, AND AN AMENDMENT TO THAT EFFECT IS ALSO CONTAINED IN THE BILL, HE SAID.
A FEATURE OF THE FIXED PENALTY (CRIMINAL PROCEEDINGS) CRDINANCE IS THAT, IF ANYONE WHO IS ISSUED WITH A NOTICE UNDER THE ORDINANCE WISHES TO DISPUTE HIS GUILT, HE IS FREE TO DO 50.
+THIS BILL DEALS WITH THE SITUATION WHERE PROCEEDINGS ARE ACTUALLY INSTITUTED BUT THE DEFENDANT SUBSEQUENTLY UNDERGOES A CHANGE OF HEART, AND NO LONGER WISHES TO CONTEST THE CHARGE,+ MR O'GRADY EXPLAINED.
IN THIS EVENT, CLAUSE 2 OF THE BILL PROVIDES THAT THE SUM PAYABLE UNDER THE PRINCIPAL ORDINANCE BY WAY OF COURT COSTS IS TO BE INCREASED.
DEBATE ON THE BILL WAS ADJOURNED.
NEW JURY RULES PROPOSED *****
A BILL TO SAVE TIME AND INCONVENIENCE TO JURY MEMBERS WAS GIVEN A SECOND READING IN THE LEGISLATIVE COUNCIL TODAY.
+ THE WILLINGNESS OF MEMBERS OF THE PUBLIC TO DO JURY SERVICE IS VITAL TO OUR CRIMINAL PROCEDURE,+ SAID THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, IN INTRODUCING THE CRIMINAL PROCEDURE (AMENDMENT) BILL 1984.
+BUT ANYONE VISITING THE HIGH COURT WOULD BE SURPRISED TO FIND THAT IN MANY CASES, MEMBERS OF THE JURY ARE NO SOONER BROUGHT TOGETHER AND SWORN AND CHARGED TO TRY THE ISSUES BETWEEN THE PRISONER AT THE BAR AND THE QUEEN, THAN THEY ARE SENT AWAY, OFTEN FOR SOME WEEKS, WHILE THE JUDGE DECIDES A MATTER OF LAW IN THE IR ABSENCE.
+THIS TIME OF STANDING BY IS LIKELY TO CAUSE HAVOC WITH THE IR BUSINESS AND SOCIAL ARRANGEMENTS, THEY MAY FALL SICK, OR FOR SOME OTHER REASON FIND THEMSELVES UNABLE TO COME BACK FOR THE TRIAL. THIS RULE OF PROCEDURE OFTEN CAUSES INCONVENIENCE AND WILL RESULT IN WASTE OF TIME IF A NEW JURY HAS TO BE EMPANELLED, + MR THOMAS SAID.
HE EXPLAINED THAT THE REASON FOR THE DELAY WAS THAT THE JUDGE WAS HEARING ALONE EVIDENCE ON A +VOIRDIRE+ WHERE HE DECIDED WHETHER STATEMENTS BY THE ACCUSED COULD BE ADMITTED IN EVIDENCE IN THE TRIAL.
/THE PRESENTI
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