Bail rule changes proposed

Tauranga MP Simon Bridges is encouraging people to have their say on parts of the bail system.

'The government has called for public submissions on a discussion document which reviews parts of the bail system,” says Simon.


The Tauranga courthouse.

'The National-led Government is committed to making the public safe.

'New Zealanders deserve to feel safe in their local community and their homes.

'That's why we reversed Labour's 2007 changes which made it easier for people to get bail.

'Other aspects of the bail system have been brought to our attention, including whether people charged with serious offences such as murder should be eligible for bail.

'The government wants 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 we need to balance the safety of the public and the integrity of court proceedings against a person's right to be presumed innocent until proven guilty.”

As a starting point for submitters, the consultation document includes preliminary government views and proposals relating to each aspect. These include:

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. These 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 17-19 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.

'We're looking forward to hearing what people have to say about the discussion document and the proposals it includes,” says Simon.

'The National-led Government will use public feedback to help develop bail policy that ensures the appropriate balance is struck in bail decisions.

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

The discussion document is available online at www.justice.govt.nz/policy/

4 comments

Well done Simon

Posted on 16-03-2011 13:17 | By The author of this comment has been removed.

And how about similar laws for those on parole. There's too many innocents raped and murdered by those released early on parole . If in doubt dont let them out


John

Posted on 16-03-2011 15:42 | By The author of this comment has been removed.

Do you rearly expect the govt to take any notice of the submissions Look at the notice it took of the anti smacking bill and seabed and foreshore


STOP PANDERING

Posted on 16-03-2011 18:47 | By EYESPY

Mamby pamby judges and politicians are the real issue here.Harden up you know what to do & you don't need public submissions because the authorities have all the facts and figures already.Nail the recalcitrant & recidivist offenders and be done with it.


AUTO BAIL

Posted on 22-03-2011 07:59 | By THE PELICAN BRIEF

Minor offences should be dealt with on the spot, no need of Bail as it is "walk or Jail". If you are a repeat offender then no bail, if you are a major crime offender then you stay in your new home, not that bad really as: three meals a day, sky, heater, and the wife and the mistress can visit whenever but not 24/7, it is like heavan.


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