Public submissions called for on parts of bail system

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

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.

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.

To assist you in making a submission, there are questions throughout the document that you may wish to answer. As a starting point, the document also outlines the Government's preliminary views on each of the matters discussed.

Submissions close: 16 May 2011

The discussion document is available online at: http://www.justice.govt.nz/policy/criminal-justice

For the full press release, please visit http://www.beehive.govt.nz/release/public-submissions-called-parts-bail-...