Page 448 - Week 02 - Thursday, 14 May 1992
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citizen's arrest and run around the Territory purporting to arrest their fellow citizens - I can assure him that we are not totally abolishing the concept of citizen's arrest in this piece of law reform.
What we are doing is abolishing the concept of the surety arrest whereby a person who has gone surety has, probably, on the current law, the power to arrest. There is almost an argument that they may have a duty to arrest. We are abolishing that ability of the person who has gone surety to run around and arrest the person who was granted bail. We are not, with this piece of law reform, seeking to totally abolish the concept of citizen's arrest.
I thank both Mr Humphries and Ms Szuty for their comments in support of the Bill. We will debate the specific amendments in due course.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clauses 1 to 4, by leave, taken together, and agreed to.
Clause 5
MR HUMPHRIES (11.23), by leave: I move:
Page 3, lines 3 and 4, subclause (1), omit "subsection (2)", substitute "subsection (2) and (3)".
Page 4, line 6, add the following subclause:
"(3) Where -
(a) a person who has been accused of an offence is being held in custody in relation to the offence; and
(b) at the time at which the offence was committed the person was at liberty on bail in respect of another offence;
the person is not entitled to be granted bail in respect of the first mentioned offence unless the court or authorised officer to whom application is made for bail is satisfied that exceptional circumstances exist justifying the grant of bail.".
What this does, in effect, is establish one of the presumptions that we were talking about before, but on slightly more insistent level, I suppose you might say. We are talking here about the circumstances of a person who is granted bail by a court or by, perhaps, a police officer, is out on bail and commits a further offence while out on bail. What this amendment does is say that a person in those circumstances, having once been given the right to bail, having appeared to get that grant of bail and then been let out into the community to enjoy his or her liberty once again, who then commits a further offence which warrants arrest and a further consideration of bail, ought not to be entitled to a further grant of bail.
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