Goff Bail Bill Unworkable And Parts Unnecessary

While the Government will refer Mr Goff's bail bill to a select committee, it should be noted that the key provisions of his bill are unworkable and other parts are unnecessary, says Justice Minister Tony Ryall.

"While the sentiment is in the right direction, the 'me too' approach by Mr Goff is unworkable and in parts unnecessary".

"The Government announced a comprehensive bail reform bill in February this year. Our plan targets the group who are known to be more likely to reoffend and if convicted be imprisoned.

"Mr Goff's bill as it stands is unworkable in that no system exists to readily provide the reoffending on bail and breach of bail conditions information needed to support the reverse onus. This is the crux of Mr Goff's bill. Police confirm it is difficult and lengthy to get that information. It is not formally recorded. Mr Goff's bill has no proposals for fixing this.

"On the other hand, the Government's bill does provide for the Courts Department to start collecting this information and recording details of bail breaches on the new Courts computer system.

"Without the Government's proposals, Mr Goff's bill is unworkable.

"Mr Goff's home detention provision is unnecessary. Judges may already impose any conditions on bail they believe will assist in preventing absconding or reoffending. This includes home detention.

"Similarly, limitations on the High Court hearing bail applications for 3 days from notice are unnecessary.

"The Courts have issued two Practice Notes (instructions) which have achieved what this provision seeks. The Notes provide that notification of intention to apply for bail must be given to the prosecution, and that if the Police do not have enough time to prepare an opposition, an adjournment should be granted.

"The Government's bill will ensure that those charged with serious offences committed while on bail are less likely to remain on bail. In addition, administrative changes (effected by the Courts' practice notes) and the proposed new database on offending on bail and breaches of condition will mean better bail decision making.

"The combined effect of all these changes should be a reduction in offending while on bail. The Government's Bill will also extend the jurisdiction of the District court in respect of bail hearings

"The Attorney-General, Sir Douglas Graham, has also advised that Mr Goff's bill breaches the New Zealand Bill of Rights", said Mr Ryall.