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15. - INCREASED SENTENCING POWER OF DISTRICT JUDGES. WHEN THE
DISTRICT COURT (AMENDMENT BILL (WHICH INCREASED THE SENTENCING POWER OF THE DISTRICT JUDGES) WAS BEFORE THE LEGISALTIVE COUNCIL, THE ATTORNEY GENERAL MADE IT CLEAR THAT CASES WHICH WOULD OTHERWISE HAVE GONE TO THE SUPREME COURT WOULD BE TAKEN TO THE DISTRICT COURT ONLY IF THE NUMBER OF CASES AWAITING TRIAL BEFORE THE SUPREME COURT MIGHT LEAD TO UNACCEPTABLE DELAY. THIS WAS OF COURSE MADE CLEAR IN THE ATTORNEY GENERAL'S EARLIER NOTE. THE STATE OF BUSINESS OF THE SUPREME COURT SINCE THEN HAS BEEN SUCH THAT THERE HAS BEEN NO UNREASONABLE DELAY IN THE HEARING OF CRIMINAL CASES. ACCORDINGLY, NO CASE WHICH WOULD NORMALLY GO TO THE SUPREME COURT HAS YET BEEN TAKEN TO THE DISTRICT COURT, NOR HAS ANY DISTRICT JUDGE IMPOSED A SENTENCE IN EXCESS OF 5 YEARS (THE FORMER LIMIT) AS STATED IN PARAGRAGH 12 OF 'THE ATTORNEY GENERAL'S EARLIER NOTE IT IS NOT ACCEPTED THAT THE EFFECT OF THIS LEGISLATION COULD BE TO DEPRIVE AN ACCUSED PERSON OF LEGAL AID, NOR THAT THE EFFECT OF THE LEGISLATION IS TO LOWER THE STANDARDS OF JUSTICE. AS YOU WILL ALSO SEE FROM THE INFORMATION PROVIDED BY THE REGISTRAR OF THE SUPREME COURT, THERE IS NO SERIOUS BACKLOG OF CRIMINAL CASES IN EITHER THE SUPREME COUPT OR THE DISTRICT COURT. I MUST ALSO REPEAT THAT THE FORMER CHIEF JUSTICE GAVE HIS GENERAL SUPPORT TO THIS BILL. IT IS A MATTER FOR REGRET THAT HE SAW FIT TO PRESENT A DIFFERENT VIEW IN AN INTERVIEW WHICH HE GAVE TO A NEWSPAPER ON
THE EVE OF HIS RETIREMENT.
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16. THE BERLINS ARTICLE. THE INFORMATION PROVIDED ABOVE ANSWERS THE COMMENTS IN THE ARTICLE ABOUT CRIMINAL TRIALS IN THE DISTRICT COURT. IT ALSO COVERS A NUMBER OF THE OTHER ALLEGATIONS.
17. I HAVE THE FOLLOWING FURTHER COMMENTS.
A) THE DISCIPLINARY PROCEDURES WHICH APPLY TO JUDICIAL OFFICERS ARE DIFFERENT FROM THOSE APPLICABLE TO OTHER PUBLIC SERVANTS, THE REFERENCE TO THE DEMOTION OR FINING OF JUDGES (OR OTHER JUDICIAL OFFICERS) IS IN PRACTICAL TERMS NONSENSE. I RECALL NO INSTANCE OF IT HERE.
B) YOU ARE WELL AWARE OF THE POSITION ABOUT JUDGES RETURNING TO PRIVATE PRACTICE.
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POSITION.
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CONFIDENTIAL
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