GRAND JURY.

Ashburton Guardian, Volume XXXIX, Issue 9477, 14 December 1918, Page 5

GRAND JURY.

AUSTRALIAN ATTITUDE

WELLINGTON, December 2

In the session of 1917 the Legislative Council.- on..the- motion of Mr' Mac; Gregor, passed a resolution asking the Government to obtain from yictoria, Queensland. Western Australia, and the other Australian States information as to the effect of the abolition of the grand jury. Last week there was laid on the table of the Council by the Attorney-General a return to this resolution, from which it appears that Victoria, Queensland, New South Wales, and Western Australia carry on their criminal procedure without the' grand jury, and that none of the dire consequences predicted by some timid conservatives among us have ensued.

The Premier of Victoria sent along with his reply a. memorandum from the Secretary to the Law Department, in which it is stated that " the present system works smoothly, and there has been no objection to it from any point of,view." . . . '-'The power to obtain a'grand, jury is used, very rarely indeed; in fact, there has not been a grand, jury called in this State for several years." The Premier of New ■ South Wales has written that in. that State "the grand jury system has never been established," although it ,was authorised. He added: " I may say tha-t my colleague; the Attorney-General, has expressed the .following opinion:—.'The practice operating here gives general satisfaction, despite occasional .criticism. When in New Zealand- two or three years ago I specially enquired into the working of the grand jury system. and was then, and still am, satisfied that the system existing in New South Wales is preferable." A letter written on behalf of the Premier of Queensland states that the grand jury has never been in force in that State, and that " the present system is working so satisfactorily that there is no intention of making any change. No demand has. evor been made here for the establishment of the I English system."

The reply received from the Premier of Western Australia is to the ..effort' that annul ' juries were "abolished in that Slaty as Ions; ago. as 18S3, and that the change has been found very satisfactory, and no trouble has ever arisen. ■■-.■ The system that has taken the place of the grand jury is very much, alike in these four States; The Secretary to the Victorian Law Department thus describes, .it: '' When an accused person is committed for trial" by a Magisr; trate, the depositions are forwarded^ to the proper officer of the Court of trial. A brief of the evidence is prepared by that officer, and' submitted to a. prosecutor for the King. The prosecutor for the King (an independent official appointed by the Governor-in-Council) reads the depositions, and, when the facts jtistify it, prepares and signs a ' Presentment' against the accused, which is filed in the Covert of trial immediately before arraignment. If, however, he is of opinion that the depositions do not disclose an offence, he so reports to the Attorney-General, who decides whether the ease is to be proceeded with or not. ... A presentment may be mode where there bus been no committal."