Page 1791 - Week 06 - Thursday, 14 May 2015
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the road rules and other provisions of the road transport legislation as these drivers and riders develop their skills in high-speed driving, escort duty and pursuits. This training must necessarily be delivered prior to the recruits being sworn in as police officers if they are to meet to meet the operational requirements for sworn police officers. This amendment ensures that police recruits receive the necessary training to enable them to safely and effectively perform their duties and best protect our community.
The fourth amendment in this bill relates to the vehicle seizure and impounding powers. ACT Policing officers may seize and impound a motor vehicle if the officer believes, on reasonable grounds, that the vehicle is being or has been used by a person in committing certain offences. This amendment will provide ACT Policing officers with the power, as an alternative to immediately seizing the vehicle in such circumstances, to issue a notice of surrender. This notice obliges the responsible person for the vehicle to surrender the vehicle for impounding at the nominated place and by the nominated date and time. The date and time specified in the notice must be reasonable.
This change provides more flexible and efficient means by which vehicles subject to the existing police vehicle seizure provisions can be surrendered to ACT Policing. It will also give the responsible person for the vehicle the opportunity to make alternative transport arrangements before the vehicle is surrendered, and to remove personal items prior to the vehicle being surrendered. There is no change to the underlying vehicle seizure scheme, such as which offences trigger the seizure provisions, nor to the appeal mechanisms that will allow those who have been issued with a surrender notice to seek review of the decision from a court.
The next amendment in the bill provides for an alternative verdict for the offence of culpable driving of a motor vehicle. An alternative verdict provision allows a jury to find a defendant guilty of an offence other than the offence that they were charged with originally, where there is sufficient evidence to prove his or her guilt for a lesser offence for which the defendant was not charged. The amendments will nominate the offence of negligent driving occasioning death or grievous bodily harm as an alternative verdict for the offence of culpable driving.
This will allow a jury which is not satisfied that the accused is guilty of the offence of culpable driving but is satisfied that the accused is guilty of the offence of negligent driving occasioning death or grievous bodily harm to find the accused not guilty of culpable driving but guilty of the alternative offence of negligent driving occasioning death or grievous bodily harm. This amendment will deliver efficiencies in the judicial process and avoid drivers not being appropriately sanctioned for serious driving misconduct that kills or seriously injures other road users. Alternative verdicts are used elsewhere in ACT legislation, and culpable driving is itself already an alternative verdict for the charge of manslaughter.
The next amendment made by this bill is a technical amendment to support the prosecution of offences where there is an issue as to whether land is or is not a road or road related area. In proceedings relating to the application of the road transport legislation it must be demonstrated that the conduct in question occurred on a road or road related area.
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