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COMPLEX COMMERCIAL CRIMES BILL 1988
Explanatory Memorandum
The purpose of this Bill is to provide a new procedure for the trial of complex commercial crimes. Under this new procedure serious complex commercial crime cases may be transferred from the jurisdiction of a magistrate to the jurisdiction of the High Court without the need for committal proceedings before the magistrate. Where a case is transferred under this procedure and a judge determines that a preparatory hearing should take place the trial in the High Court begins with a preparatory hearing before a judge sitting without a jury. The purpose of a preparatory hearing is to settle points of law and clarify issues for the jury. At the conclusion of the preparatory hearing a jury will be empanelled and the trial will proceed in the usual way.
2. The Bill seeks to implement, as far as practicable, the report of the Select Committee on the problems involved in the prosecution and trial of complex commercial crimes.
3. Clause 3 authorizes the Attorney General to apply for an order transferring a case of serious complex commercial crime that is before a magistrate, to the High Court.
4. Clause 4 provides that where the Attorney General has made an application under clause 3 the magistrate must order the transfer of the proceedings to the High Court and sets out the procedure to be followed in making such an order.
5. Clause 5 excludes any questioning of or appeal against a decision of the Attorney General under clause 3 or an order of transfer.
6.
Clause 6 requires the Attorney General to serve on the accused a summary of the evidence on the transferred charge.
7. Clause 7 deals with the question of the detention or bail of the accused pending his appearance at his trial.
8. Clause 8 requires the Attorney General to prefer an indictment against the accused within 7 days of the making of the order of transfer.
9. Clause 9 empowers a judge to order that a preparatory hearing should be held. The order can be made on the application of the prosecutor or the person indicted or on his own motion. Such an order is not subject to appeal or review (clause 10).
10. Clause 11 provides that where proceedings are transferred to the High Court and the judge orders a preparatory hearing the trial is to commence with that hearing.
11. Clause 12 requires the indictment to be read over to the accused and the accused given the opportunity of pleading at the commencement of the preparatory hearing.
12. Clause 13 empowers the judge to order the prosecutor to supply the accused and the court at the preparatory hearing with a prosecution case statement, being a concise account of the facts on which his case is based, together with witness statements, a list of exhibits and copies of the documentary exhibits he intends to produce at the trial before the jury, a statement of relevant propositions of law and any other explanatory document the judge considers appropriate. After the jury is empanelled the defence may object to the introduction of evidence at the trial before the jury, which could not reasonably be anticipated from the prosecution case
statement.
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