Summary Proceedings and Appeals from Magistrate Policy 1971

SUMMARY PROCEEDINGS AND APPEALS FROM MAGISTRATE

Statement adopted by Committee (19th May 1971).

  • "Costs awarded in a court of summary jurisdiction should be recoverable in the same way as a debt, and not, as at present, as a fine.
  • A court of summary jurisdiction should be obliged to consider time to pay a fine, to conduct an enquiry into the means of the defendant in considering such question, and in any case to grant a minimum time to pay of seven days.
  • Where the prosecution seeks a remand, the court ought to indicate to the defendant whether or not bail will be granted and if so on what terms before the defendant is asked whether he agrees to the proposed remand.
  • A court ought to have no power to require a defendant upon conviction to enter into a bond in a sum greater than the maximum penalty for the offence for which the defendant has been convicted.
  • The provision relating to imprisonment in default of paying a fine ought to allow for 510.00 per day in prison and ought to be periodically reviewed."

N.B. Since the 6th of June 1978, the amount has been increased to $25.00 per day.

CM. 19.5.71.

'That police be directed to proceed by summons rather than arrest wherever practicable, as in the Commonwealth Public Order Bill.'