XN000022-1992-01-15 — Page 9

WEDNESDAY, JANUARY 15, 1992

7

BILL ENABLES COMPUTERISED SYSTEM FOR ISSUE OF SUMMONSES

*

THE MAGISTRATES (AMENDMENT) BILL 1991 SEEKS COMPUTERISED SYSTEM FOR THE ISSUE OF SUMMONSES IN COURTS.

TO THE

INTRODUCE

MAGISTRATES

A

THE LEGISLATIVE JEREMY MATHEWS

REFER

ANY

JUDGE

SECOND READING OF THE BILL IN (WEDNESDAY), THE ATTORNEY GENERAL, MR ALSO SEEKS TO EMPOWER THE GOVERNOR TO COURT DECISION IN A CRIMINAL CASE TO A HIGH COURT

THE MOVING

TODAY COUNCIL SAID THE BILL MAGISTRATES

FOR RECONSIDERATION.

AT PRESENT, THE PROCESSING OF SUMMONSES IN MAGISTRACIES IS DONE

MANUALLY.

MR

WERE ISSUED. MATHEWS SAID IN 1990, OVER 300,000 SUMMONSES

BETWEEN IN MANY MAGISTRACIES, A DELAY OF SEVERAL WEEKS COULD ELAPSE THE RECEIPT OF A COMPLAINT AND THE ISSUE OF THE SUMMONS.

"THE AMENDMENTS PROPOSED WILL ENABLE SUMMONSES TO BE ISSUED COMPUTER AND PROCESSED BY MAGISTRATES OR BY AUTHORISED OFFICERS.

BY

COMPUTERISED SUMMONS

"IT IS ANTICIPATED THAT THE INTRODUCTION OF SYSTEM WILL GREATLY REDUCE THE WAITING TIME FOR THE ISSUE OF AND WILL ENHANCE THE EFFICIENT ADMINISTRATION OF JUSTICE,' SAID.

11

MR MATHEWS

THE BILL WILL ALSO EMPOWER THE GOVERNOR TO REFER ANY DECISION FOR OF A MAGISTRATE IN A CRIMINAL CASE TO A JUDGE OF THE HIGH HIS CONSIDERATION.

COURT

MR MATHEWS SAID AT PRESENT THE GOVERNOR HAS NO SUCH POWER.

POWER

HE SAID THIS IS ANOMALOUS SINCE THE GOVERNOR ALREADY HAS TO REFER HIGH COURT AND DISTRICT COURT CASES TO THE COURT OF APPEAL.

ARE "SUCH REFERENCES

A USUALLY MADE ON MY ADVICE. SITUATION GIVING RISE TO A REFERENCE IS WHERE FRESH EVIDENCE COMES LIGHT AFTER CONVICTION WHICH SUGGESTS THAT THE CONVICTION UNSAFE.

COMMON

ΤΟ

MIGHT BE

WHEREBY

"THIS POWER OF REFERENCE PROVIDES THE ONLY POSSIBLE INSTANCES OF INJUSTICE CAN BE RECTIFIED AFTER ALL CHANNELS OF APPEAL AVAILABLE

BEEN TO THE PERSON CONVICTED HAVE EXPLAINED.

HE

MEANS

EXHAUSTED,"

HE ADDED THAT IT IS NOT THE PURPOSE OF REFERENCE INCREASE IN A SENTENCE ALREADY IMPOSED.

TO SEEK AN

REFERENCE IS MADE IT WILL BE THE

COURTS THAT

WILL

"WHERE A DETERMINE THE OUTCOME.

"THE REFERENCE WILL BE TREATED AS AN APPEAL AND

WILL BE BASED ENTIRELY ON DETERMINATION

THE MERITS CONVICTION AND SENTENCE," HE SAID.

44

DEBATE ON THE BILL WAS ADJOURNED.

THE BOTH

COURT'S

AS

TO

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