Page 897 - Week 04 - Tuesday, 16 June 1992

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ATTORNEY GENERAL FOR THE AUSTRALIAN

CAPITAL TERRITORY

LEGISLATIVE ASSEMBLY QUESTION

Question No. 101

Bail Breaches

MR CORNWELL - Asked the Attorney General upon notice on 12 May 1992

(1) How many people broke bail in the ACT in

(a) 1990 and (b) 1991.

(2) What was the total amount of bail money involved

(3) Was all bail money at (2) forfeited and if not, why not.

MR CONNOLLY - The answer-to the members questions are as follows:

The following information refers only to the ACT Magistrates Court as the Supreme Court is a Commonwealth responsibility until 1 July 1992.

(1)(a) and (b)

Prior to the Courts records being computerised statistics were kept on the basis of the number of matters started and number of matters finalised. No separate figures were kept in relation to such matters as breach of bail in 1990 and for part of 1991.

As from 1 September 1991.until 4 June 1992 388 defendants did not appear in the Magistrates Court in relation to bail.

First Instance warrants were issued in 198 cases so therefore in 190 cases the defendant either subsequently attended Court before a warrant was issued or his/her excuse for nonattendance was acceptable to the Court.

(2) Figure not available although average bail is $1,000.

(3) Bail was initially forfeited in all cases but in some of those cases namely those where a warrant was not issued it was further ordered by the Court that no action be taken until the matter was finally determined. To date the Court has confirmed forfeiture and ordered recovery in 43 of those cases. Magistrates have a discretion in the area of forfeiture of bail.

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