Page 2215 - Week 07 - Thursday, 17 June 1993

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MADAM SPEAKER, THE PURPOSE OF THIS BILL IS TO AMEND THE SUPREME COURT ACT 1933 TO PROVIDE GREATER FLEXIBILITY IN THE WAY THE SUPREME COURT DEALS WITH CRIMINAL PROCEEDINGS.

THERE ARE TWO ELEMENTS TO THIS.

IT FIRST CONCERNS TRIAL BY JURY. TFiE ESSENCE OF THIS AMENDMENT IS TO ENABLE A PERSON WHO FACES SERIOUS CRIMINAL CHARGES IN THE SUPREME COURT TO CHOOSE TO BE TRIED BY JUDGE ALONE RATHER THAN BY JUDGE AND JURY.

THE AMENDMENT FIRSTLY INCLUDES IN THE SUPREME COURT ACT A PROVISION STATING THAT PERSONS WHO ARE TRIED ON INDICTABLE CRnVIINAL CHARGES ARE ENTITLED TO TRIAL BY JURY. INDICTABLE CRIMINAL CHARGES,ARE CHARGES THAT ARE PUNISHABLE BY A PERIOD OF IMPRISONMENT GREATER THAN 1 YEAR - THAT IS, THE MORE SERIOUS CRRMNAL OFFENCES.

THIS COMPLEMENTS A SIMILAR PROVISION CONTAINED IN SECTION 395 OF THE CRIMESAG7: IT IS APPROPRIATE THAT, BEFORE PROVIDING THAT AN ACCUSED PERSON MAY ELECT TO BE TROD BY JUDGE ALONE, TIC LEGISLATION SHOULD STATE THE FUNDAMENTAL RIGHT TO TRIAL BY JURY.

TRIAL BY JURY HAS BEEN THE CUSTOMARY METHOD OF TRYING SERIOUS CRIMINAL CHARGES THROUGHOUT THE

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