Simon Power

15 March, 2011

Public submissions called for on parts of bail system

Justice Minister Simon Power today called for public submissions on a discussion document which reviews parts of the bail system.

The document, Bail in New Zealand: Reviewing Aspects of the Bail System, seeks the public’s views on a series of preliminary proposals by the Government.

“When this Government came into office we were focused on securing public safety, which is why we immediately reversed Labour’s 2007 changes which made it easier for people to get bail,” Mr Power said.

“Since then, a number of other aspects of the bail system have been brought to our attention, including whether people charged with serious offences like murder should be eligible.

“This discussion document seeks the public’s help to answer those questions.”

The review is focused on bail in the period between when a person is charged with an offence and when their trial ends – if the matter goes that far.

“It’s a difficult area because it involves balancing the safety of the public and the integrity of court proceedings against a person’s right to be presumed innocent until proven guilty.”

The document provides a comprehensive background on the bail system, including breakdowns of who is granted bail, and the behaviour of people on bail.

As a starting point for submitters, the consultation document includes preliminary Government views and proposals relating to each aspect, based on research and analysis to date. They include:

• Reverse burden of proof: Widening situations where a reverse burden of proof applies to bail decisions to include people charged with serious Class A drug offences or murder. Views are also sought on whether to expand the list of sex and violence charges that result in someone being subject to a reverse burden of proof if they have a previous history of such offending.

• Electronic bail: Continuing to allow electronically monitored bail for defendants charged with serious methamphetamine offences or serious violent and sexual offences. The rate of offending on electronic bail by defendants charged with such offences appears to be relatively low.

• Youth bail: Removing the presumption in favour of release on bail for defendants aged 17 to 19 who have previously served a prison sentence. This group has a significantly higher rate of offending compared with those who have not been previously imprisoned.

• Bail for information: Making it clear in legislation that bail is not to be granted in return for information.

• Failure to answer Police bail: Increasing the punishment to up to three months' imprisonment or a fine of up to $1000. At present the fine is the only punishment.

Mr Power said he was looking forward to hearing what people have to say about the proposals.

"I hope this discussion document will lead to a robust public debate about what our bail system should look like.

"The Government will use public feedback to help us develop bail policy that ensures the appropriate balance is struck in bail decisions.

“I encourage anyone with an interest in bail to make a submission before 15 May.”

The discussion document is available online at: http://www.justice.govt.nz/policy/criminal-justice
[Scoop copy DBHOH_PAP_21175_GovernmentFinalResponsetoReportoft.pdf]

ENDS

© Scoop Media