XN000022-1989-12-22 — Page 4

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FRIDAY, DECEMBER 22, 1989

THE REFERENCES TO THE OBSOLETE TERM "SESSION OF THE COURT" IN THE CRIMINAL PROCEDURE ORDINANCE WILL BE REMOVED SINCE THE HIGH COURT DOES NOT SIT IN SESSION.

ΤΟ

THE BILL ALSO PROPOSES TO REMOVE THE OBSOLETE REFERENCES "LARCENY" AND CERTAIN OTHER COMMON LAW OFFENCES OF DISHONESTY FROM THE CRIMINAL PROCEDURE ORDINANCE. THESE OFFENCES WERE ABOLISHED BY THE THEFT ORDINANCE.

ALREADY

THE CRIMINAL PROCEDURE ORDINANCE WILL BE AMENDED TO PROVIDE THAT NO SUPERVISION ORDER IS TO BE MADE IN THE CASE OF A RELEASED PRISONER WHO IS THE SUBJECT OF A REMOVAL OR DEPORTATION ORDER UNDER THE IMMIGRATION ORDINANCE.

THE MAGISTRATES ORDINANCE IS TO BE AMENDED TO REQUIRE A PERSON WHO MAKES A WITNESS STATEMENT TO DECLARE THAT HE UNDERSTANDS THAT THE MAKING OF SUCH A STATEMENT WHICH IS FALSE, OR WHICH HE DOES NOT BELIEVE TO BE TRUE, IS LIABLE ΤΟ RENDER HIM SUBJECT TO CRIMINAL PROSECUTION.

AMENDMENTS ARE PROPOSED TO EXTEND ALIBI ACCUSED PERSONS IN THE DISTRICT COURT.

NOTICE PROVISIONS ΤΟ

AT PRESENT THE REQUIREMENT TO GIVE NOTICE OF AN ALIBI DEFENCE APPLIES ONLY TO TRIALS BEFORE A JUDGE AND JURY IN THE HIGH COURT.

THE NOTICE REQUIREMENT IS DESIGNED TO PROVIDE THE PROSECUTION WITH TIME TO VERIFY PARTICULARS OF AN ALIBI DEFENCE SO THAT IT MAY DISCONTINUE THE PROSECUTION IF SATISFIED THAT THE ALIDI JS OR MIGHT BE TRUE.

EXTENSION OF THE ALERT NOTICE PROVISIONS TO THE DISTRICT COURT WOULD RESULT IN A SAVING OF COURT AND POLICE TIME.

IT IS ALSO PROPOSED THAT DISTRICT COURT JUDGES BE EMPOWERED

ΤΟ IMPOSE SENTENCES OF IMPRISONMENT THAT ARE PARTIALLY CONCURRENT AND PARTIALLY CONSECUTIVE, NOT EXCEEDING SEVEN YEARS IN TOTAL. THIS POWER IS ENJOYED BY HIGH COURT JUDGES.

DISTRICT COURT JUDGES ARE NOW RESTRICTED TO IMPOSING CONSECUTIVE SENTENCES OF IMPRISONMENT, SUBJECT то THE SEVEN YEARS LIMIT.

PURELY

THE ADMINISTRATION OF JUSTICE MISCELLANEOUS AMENDMENTS) BILL 1989 IS DUE TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JANUARY 10 NEXT YEAR.

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