XN000022-1987-01-14 — Page 5

WEDNESDAY, JANUARY 14, 1987

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BILL AIMS TO BRIDGE PROBATION ORDER PROCEDURAL GAP

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THE OBJECTS OF THE PROBATION OF OFFENDERS (AMENDMENT) BILL 1986 ARE TO IMPROVE THE EXISTING PROCEDURES FOR DEALING WITH BREACHES OF PROBATION ORDERS AND TO EMPOWER THE DIRECTOR OF SOCIAL WELFARE TO SPECIFY RECORD FORMS PRESCRIBED UNDER THE ORDINANCE. THE SECRETARY FOR HEALTH AND WELFARE, THE HON JOHN CHAMBERS, SAID TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL IN THE LEGISLATIVE COUNCIL. MR CHAMBERS SAID CLAUSE 2 OF THE BILL WAS DESIGNED TO BRIDGE THE PROCEDURAL GAP IN THE EXISTING LEGISLATION WHICH DID NOT MAKE SPECIFIC REFERENCE TO A PERSON IN BREACH OF AN ORDER MADE BY THE COURT OF APPEAL, OR THOSE WHO HAD COMMITTED A FURTHER OFFENCE DURING THE PROBATION PERIOD, TO BE REFERRED BACK TO THAT COURT,

UNDER SECTIONS 5 AND 6 OF THE PROBATION OF OFFENDERS ORDINANCE, HE SAID, A PERSON WHO WAS IN BREACH OF THE REQUIREMENTS OF A PROBATION ORDER OR WHO HAD COMMITTED A FURTHER OFFENCE, WAS BROUGHT BEFORE AND DEALT WITH BY THE COURT WHICH MADE THE ORIGINAL ORDER.

CLAUSE OF THE BILL WOULD DELETE THE EXISTING PROVISION WHICH STIPULATED THAT THE AUTHORITY TO PRESCRIBE THE RECORD FORMS ON PROBATIONERS BY THEIR PROBATION INSTITUTIONS WAS VESTED IN THE GOVERNOR-IN-COUNCIL UNDER SECTION 12(E) OF THE ORDINANCE HE ADDED.

INSTEAD, +CLAUSE 4 PROVIDES THE DIRECTOR OF SOCIAL WELFARE WITH THE AUTHORITY TO SPECIFY THE FORM OF RECORDS TO BE KEPT UNDER THE ORDINANCE, HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.

DISCRETION FOR MAGISTRATES TO AMEND SUMMONS PROPOSED

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A BILL SEEKING TO GIVE A MAGISTRATE DISCRETION TO AMEND A COMPLAINT, INFORMATION OR SUMMONS WHERE A DEFECT OR VARIANCE BETWEEN THE CHARGE AND THE EVIDENCE IS NOT IN HIS VIEW MATERIAL OR WHERE NO IRREMEDIABLE INJUSTICE WOULD RESULT, WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE MAGISTRATES (AMENDMENT) BILL, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID THE NEW SECTION CONTAINED IN THE BILL ALSO PRESCRIBED THE PROCEDURE TO BE FOLLOWED WHERE AN AMENDMENT HAD TO BE MADE.

/MR

MR THOMAS *******