Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1141 ..

I am informed that, as a group, people in the ACT who have been charged with murder are probably not likely to re-offend or to offend in any other way while on bail. I will read a section of these comments on this from the Law Society:

4. The obvious question then is why should such change be made. Where is there any argument that people charged with murder and granted bail fail to appear? To our knowledge nobody in that situation has absconded. Bail issues must not be confused with proper disposition on a finding of guilt. The principal considerations in regard to bail must remain ensuring the person attends court to answer the charge and—if necessary—to ensure that the community or particular people are protected where there is an established danger. There is no evidence in the ACT to suggest that people accused of murder and allowed bail either fail to appear or have committed serious offences while on remand.

5. This is also a concern as the accused may not be found guilty. The following table suggests that over the last five years there is a homicide conviction rate of over 30% …

and there is a chart there to support that—

6. The legislation makes no reference as to what should happen in respect of those wrongly incarcerated and subsequently acquitted. If the onus is to be reversed then it is only reasonable for the state which has, through the police and prosecution, deprived the accused of their liberty to pay compensation for their loss as well as the devastation it may have caused to family, friendship and career.

7. The proposition that bail is still available misses the point that it is unfair to charge with murder and say to the accused “you are different, you must establish exceptional circumstances before we will even consider allowing you bail.” The unfairness is exacerbated in cases where the murder charge is later discontinued.

8. What is a special or exceptional circumstance? Clause 9G is quite unhelpful. How do the examples provided refer to 9G(2)? Why would Damien if charged with murder rather than a Clause 9G offence not even get to first base on a bail application? He faces an allegation that has not been tested yet he will lose his job, not be able to provide for his family and lose his chance at housing. An ordinary person may think that situation to be exceptional.

9. The fact that murder is the most serious charge that can be laid is fully appreciated under the current bail regime. That there is probably a greater risk of flight because of the seriousness of the charge is taken into account under the present bail arrangements. A change in the law that is designed to keep people charged with murder and like offences in custody for no other reason than the type of charge assumes guilt.

10. If a change is to be made it may be appropriate—

and I think this has been done—

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .