XN000022-1987-01-14 — Page 6

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WEDNESDAY, JANUARY 14, 1987

MR THOMAS POINTED OUT THAT IN A MAGISTRATES COURT, THE COMPLAINT, INFORMATION OR SUMMONS MUST SET OUT THE OFFENCE ALLEGED AGAINST A DEFENDANT, BUT THE MAGISTRATES ORDINANCE DID NOT ALLOW ANY OBJECTION TO BE TAKEN TO ANY DEFECT IN THE SUBSTANCE OR FORM OF A COMPLAINT, INFORMATION OR SUMMONS.

+AS THE LAW STANDS, THE MAGISTRATE MUST GIVE JUDGEMENT ON THE SUBSTANTIAL MERITS AND FACTS OF THE CASE, AND MAKE ANY NECESSSARY AMENDMENTS TO THE COMPLAINT, INFORMATION OR SUMMONS, + HE SAID.

+ THE MAGISTRATE HAS NO DISCRETION IN THE MATTER.+

HE SAID THAT THE RIGIDITY OF THIS PROCEDURE HAD, FROM TIME TO TIME, BEEN CRITICISED BY BOTH PRACTITIONERS AND MAGISTRATES.

+THERE IS GENERAL AGREEMENT THAT THE MAGISTRATE MUST HAVE A DISCRETION TO AVOID INJUSTICE AND THAT THE LAW SHOULD GIVE SOME GUIDELINES UPON WHICH TO EXERCISE THAT DISCRETION WHEN THE CASE THAT EMERGES AT THE TRIAL DOES NOT ESTABLISH THE OFFENCE ALLEGED IN THE INFORMATION, COMPLAINT OR SUMMONS, BUT DOES DISCLOSE SOME OTHER OFFENCE, HE SAID.

MR THOMAS ADDED THAT THE BAR ASSOCIATION, THE LAW SOCIETY AND THE JUDICIARY HAD INDICATED SUPPORT FOR THE PROPOSED AMENDMENT.

DEBATE ON THE BILL WAS ADJOURNED.

ROAD WORKS BILL ENSURES DELEGATION OF POWERS

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THE OBJECT OF THE ROADS (WORKS, USE AND COMPENSATION) (AMENDMENT) BILL 1986 IS TO ENABLE THE POWERS RELATING TO THE CLOSURE OF ROADS AND RECLAMATION OF CROWN FORESHORE OR SEA-BED TO BE DELEGATED TO THE SECRETARY FOR TRANSPORT.

MOVING THE SECOND READING OF THE BILL IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY), THE SECRETARY FOR TRANSPORT, THE HON DAVID LAN, SAID THAT +ON MAY 30, 1986, PROVISION WAS MADE FOR THE DELEGATION OF THE GOVERNOR'S POWERS UNDER THE ROADS (WORKS, USE AND COMPENSATION) ORDINANCE TO THE SECRETARY FOR TRANSPORT.

/+HOWEVER,