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Mr DEAN ( Windermere ) - Mr President, I support the bill. I just want
to make a couple of comments in relation to the bail area of this bill.
Generally, the courts get this right, the police get it right when they
give bail to those people who they are able to provide bail to with
the appropriate conditions. They do that for the purposes of keeping
those people out of a custodial position, to allow them to remain free
either as an accused person or as a person who has pleaded guilty whilst
they are waiting for sentence.
There is quite a lot of evidence - and if I go back to my time when
I finished in the police service - of conditions of bail simply being
ignored by a lot of offenders. The magistrates are doing the right thing,
as are the police, but some accused people, in most instances, thumb
their noses at what has been done to try to help them. They were then
contravening those bail conditions as if they did not apply. House arrest,
for instance, is a common condition for a court or for police to impose
in some circumstances, which they can now do, but offenders or accused
people were simply ignoring that and doing their own thing.
In fact, it got so bad - and it probably could well be the same situation
now- that police where continually moving around watching people who
were on bail. If they were given certain addresses to reside at the
police would go round late in an evening, after the period of time at
which the offender was supposed to be at home had expired, and check
to see whether or not these people were at home. The reason for that
was many of these people continued to commit crime whilst they were
on bail. In doing that, the police did identify many breaches of bail
conditions and hence a lot of those people were brought back before
the courts for breaching their bail conditions.
I think the police were really saying on these occasions that the penalties
that were being imposed or could be imposed in those circumstances were
not a sufficient deterrent to keep those persons from breaching their
bail conditions. I believe that this amendment doubling the penalties,
in a police instance increasing it to 12 months' jail and increasing
the fine substantially, will hopefully ensure that the message will
get through to these people that if they contravene bail conditions
then they will suffer a real penalty. At the least, there will be a
penalty for a court to impose.
One would be saying to the magistrates that with these penalties being
increased to the extent that they are, the Parliament is saying and
I imagine it will be supported, that we want you to impose much more
severe penalties to prevent this type of contravention from occurring.
I am confident that this will work and that breaches of bail may not
be as prevalent with this amendment as they are today. I am confident
that it will work well. On many occasions, the police have frowned a
bit on some of the magistrates who they say are very lenient with providing
bail. But those like the member for Nelson might say that magistrates
are too hard.
Mr Parkinson - You have to be very careful not to frown in court, I
notice.
Mr DEAN - I think police would welcome this amendment that we are talking
about today. The last thing that police want to see - and I am talking
from their point of view - is somebody held in custody when there is
no reason for that to occur. In their best interests, particularly when
those people are family people with children, then they ought to be
at home at least until their case is considered and they are proven
to be guilty of the offence that they are charged with. I think that
the amendment in that regard is a good one and I will be supporting
the bill as it is.
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