Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]

CRIMINAL CODE AMENDMENT BILL 1998

Bill presented and read a first time.

Mr STONE (Attorney-General): Madam Speaker, I move that the3 bill be now read a second time.

The purpose of this bill is to amend the Criminal code Act to provide that, if an accused person pleads 'not guilty' to an offence and the prosecutor does not intend to adduce any evidence in respect o that offence, the prosecutor must, prior to the empanelling of the jury, inform the trial judge of the intention not to lead evidence. One being informed of this, the judge must make a finding that the accused is not guilty and this finding will have the effect as if it were a 'not guilt' verdict of the jury.

Section 348 of the Criminal code Act currently provides that, if an accused person pleads 'not guilty', he or she is deemed to have demanded that the issues raised by such plea shall be tried by a jury. This section currently applies so that a jury must be empanelled, even if the Crown has decided not to proceed with the prosecution.

This situation occurred in a criminal trial in April this year. The presiding judge was required to empanel a jury for the sole purpose of the jury returning a verdict of ''not guilty' as a consequence of section 348 of the Criminal Code.

This situation is unsatisfactory and is a waste of the court's resources. It is also a waste of time for members of the public to be required to be empanelled in circumstances where the jury must find the defendant 'not guilty' on the basis that there is no evidence to be provided as to guilt.

The proposed amendment seeks to rectify this problem by providing the presiding judge with the power to do what a jury would have done had it heard the case with no evidence being led; that is, to find the defendant 'not guilty'. I commend the bill to honourable members.

Debate adjourned.

 

[Index] [Search] [Bill] [Help]