XN000022-1992-04-24 — Page 4

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FRIDAY, APRIL 24, 1992

CHANGE TO ATTORNEY GENERAL'S POWER TO ENTER

A NOLLE PROSEQUI PROPOSED

* * * * * *

AMENDMENTS) BILL THE ADMINISTRATION OF JUSTICE (MISCELLANEOUS

OF THE ATTORNEY 1992 GAZETTED TODAY (FRIDAY) PROPOSES THE ABOLITION

AND GENERAL'S POWER TO ENTER A NOLLE PROSEQUI IN PURELY SUMMARY CASES

FOR CHANGING VENUE OF THE ESTABLISHMENT OF A STATUTORY PROCEDURE CRIMINAL TRIAL.

THE ATTORNEY GENERAL HAS A COMMON LAW RIGHT TO DISCONTINUE CRIMINAL PROSECUTION BY ENTERING A NOLLE PROSEQUI.

ENTERING

NOLLE A

PROSEQUI

IS TO

ANY

TERMINATE

TO

THE EFFECT OF CRIMINAL PROCEEDINGS, WITHOUT PREJUDICE TO THE PROSECUTION'S RIGHT REINSTITUTE THEM AT A LATER DATE.

A NOLLE

IS DEFENDANT INCAPACITY.

BE MAY PROSEQUI

STAND UNFIT TO

ENTERED,

FOR

TRIAL

EXAMPLE, THROUGH MENTAL

WHERE

A

OR

PHYSICAL

IN THE ABSENCE OF STATUTORY PROVISIONS, THE NOLLE PROSEQUI ALSO BEEN USED TO CHANGE THE VENUE OF TRIAL.

HAS

COURT

ON OCCASION FOLLOWING TRANSFER OF A CASE TO THE DISTRICT

HAVE BEEN DISCOVERED OR COMMITTAL TO THE HIGH COURT CIRCUMSTANCES

OR LESSER SERIOUSNESS THAN RENDERING AN ALLEGED OFFENCE OF GREATER ORIGINALLY ESTIMATED.

HAS THUS

THE SCHEDULED COURT PROCEEDINGS AND IT HAS BEEN NECESSARY TO ENTER A NOLLE A VIEW TO RECOMMENCING THE PROSECUTION AFRESH.

INAPPROPRIATE BECOME

FOR THE PROSEQUI WITH

FOLLOWING A

CARRIED REVIEW

END

THE 1988, PROSEQUI IN ATTORNEY GENERAL DECIDED THAT THE POWER TO ENTER A NOLLE

AS BEING UNNECESSARY PURELY SUMMARY PROCEEDINGS SHOULD BE ABOLISHED AND THAT THERE SHOULD BE A STATUTORY PROCEDURE FOR CHANGING THE OF TRIAL.

OUT

THE AT

OF

VENUE

THE BILL WILL BE INTRODUCED INTO

THE LEGISLATIVE

COUNCIL ON

MAY 6.

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