Crown May Have Right To Appeal On Sentences

Press, Volume CVI, Issue 31087, 16 June 1966, Page 3

Crown May Have Right To Appeal On Sentences

(New Zealand Press Association) WELLINGTON, June 15. The right of appeal by the Grown against Supreme Court sentences for most offences—the centre of considerable controversy in legal circles—is proposed in the Crimes Amendment Bill, introduced in Parliament today by the Attorney-General (Mr Hannan).

The bill gives the Solicitor-General the right to appeal to the Court of Appeal against any sentence on any person convicted on indictment, unless the law already provides a mandatory sentence.

The Solicitor-General will however, have to secure the leave of the Court of Appeal to appeal.

“Sentences” which may be the subject of appeal will include any method of disposing of a case after conviction. The legislation is drafted to take effect on October 1, but most of its provisions will not apply to trials begun or in progress on that date. A prosecutor or an accused person will be able—again, with the leave of the Court of Appeal—to appeal on defined preliminary matters which may arise before a trial. They include:

(1) The refusal of a Supreme Court judge to make an order changing the place of a trial before or after indictment.

(2) Making an order, or refusing to do so, amending or dividing any count or directing that the accused be tried on any one or more counts separately.

(3) The quashing or amendment, or refusal to do so, of an indictment on a motion made before the accused pleads. (4) The making of an order directing separate trials of persons jointly

charged, or refusal to do so. Change Of Venue With leave, the accused will also be able to appeal against: (1) The making of an order changing the place of a trial or the imposition by a judge of any conditions on bail, payment of prosecution and witnesses’ costs, the removal of indictment and of the person charged and the publication of proceedings in such circumstances. (2) The refusal to make an order requiring from the prosecutor further written particulars of- certain matters on which a count is based. Applications by a prosecutor or by an accused for leave to appeal will have to be notified within 10 days of the relevant decision by the Court or a judge, unless the Court of appeal grants an extension. Final Addresses Another section, proposed to be added to the Crimes

Act, 1961, makes it clear that the prosecution may sum up to the jury in every case, but it gives the defence the right to address the jury last in every case. This will apply whether or not the defence has called evidence and whether or not the AttorneyGeneral or Solicitor-General appears for the Crown at the trial.

At present, the Court must direct that a jury be kept together during adjournments in every case involving charges of murder, treason, or piracy. This will no longer be necessary. Instead, the Court will simply have a discretion. No accused will be entitled to make an unsworn statement of fact at his trial. But the prohibition of unsworn statements will not apply to admissions of facts alleged against an accused, which dispense with the proof otherwise necessary. Judges—but no-one else—gain discretion to comment—“adversely” on the failure of an accused to give evidence or to call a spouse. To counter a situation now legal within the confines of say, a private club and outlawed only in a place to which the public has access, a new offence of "exhibiting or presenting an indecent show

or performance in the presence of anyone for gain or expectation of payment” has been created. Prosecution for such offences will be possible only with the leave of the At-torney-General. The legislation provides new machinery for the enforcement of fines imposed by the Supreme Court. Courts are empowered to allow time for payment, to direct payment to be made by instalments or to direct payment to be made where and to whom they specify. Those ordered to pay a fine or any other sum and given time to do so or allowed to pay in instalments may be placed under the supervision of a probation officer or other Court officers for payment purposes.

Without waiting for any period specified in Court rules, or for 28 days as specified in current law, Courts will be able to direct that a writ of sale be issued against the property of an offender or to imprison him in default for up to two years, where fines are unpaid and they consider that:—

(1) The offender has means to pay immediately. (2) He has no fixed place of

residence. (3) For any other reason, heeding the gravity of the offence, the offender’s character or other special circumstances, execution of the fine should be immediate. ■

Warrants to collect unpaid sums may be issued by the registrar of a Court 14 days after the original order. Unless the money is paid on execution of a warrant, constables are required to report on the apparent means of the offender. A Judge considering the report will be able to make such an order as he thinks fit. Imprisonment must not exceed the lesser of two years or the maximum period for which conviction carried prison liability. Those imprisoned for nonpayment may be discharged by the prison superintendent on paying the amount owing. Those making partial payment will have their prison terms reduced proportionately.

School Health Drive.—The South Arabian Federal Ministry of Education has launched a drive to immunise the entire school population in the 17-member Federation of South Arabia against tuberculosis and smallpox.—Aden.