CRIMINAL CODE AMENDMENT BILL 1999 Second Reading Speech

Northern Territory Second Reading Speeches

CRIMINAL CODE AMENDMENT BILL 1999

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

The purpose of this bill is to allow for the making of amendments to the Supreme Court Rules to streamline the procedures for applications for leave to appeal and extensions of time in the Court of Criminal Appeal. The bill also amends section 302 of the Code to ensure that nolle prosequis can be filed in relation to part of an indictment.

The Court of Criminal Appeal is constituted by three judges of the Supreme Court. The judges intend to amend the Rules of Court to enable a Court of Criminal Appeal to deal more expeditiously with some interlocutory applications. The amendments are intended to avoid the need for costly time-consuming and unnecessary court hearings for interlocutory procedural matters. Of course, the parties will retain the right to have their substantive action heard by the Full Court of Criminal Appeal in open court. The amendments to the rules will provide that appeal applications and applications for extensions of time to lodge an appeal can be dealt with by a single judge in Chambers. They will also provide that, except with the leave of the court, all submissions are to be made in writing without the presence of the parties.

Section 429 of the Code already provides that a single judge can hear applications for leave to appeal and for extensions of time. On the other hand, the Criminal Code currently provides that such applications are to be heard in the presence of the parties and the parties are also entitled to give oral evidence to the court.

If the Supreme Court Rules are to be amended, it is necessary to amend section 420 of the Code to ensure that all appellants and respondents are not entitled to be present at a hearing of an application for leave to appeal or an extension of time except with the leave of the court.

Section 4 (23) is also to be amended for making clear that all arguments in relation to the applications are to be made in writing. Oral argument will be allowed only if the Court directs.

The bill also amends section 302 of the Criminal Code. Section 302 provides that the Crown can inform the Court that it will not proceed upon any indictment pending in the Court. This is known as filing a nolle prosequis. Because Section 302 is expressed in terms of the whole indictment, it is doubtful that whether a nolle prosequis can be filed in respect of particular charge and indictment rather in respect of the whole indictment.

Section 563 of the Queensland Criminal Code contains a similar provision, that was amended in 1997 to overcome the concern. The Northern Territory Director of Public Prosecutions wrote to me suggesting a similar amendment to our Criminal Code to overcome any difficulties that may arise, if the prosecution wishes to withdraw a specific charge from an indictment and I commend the bill to honourable members.

Debate adjourned.

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