Judge To Examine Bill To Revise Criminal Law

Press, Volume XCVII, Issue 28524, 1 March 1958, Page 14

Judge To Examine Bill To Revise Criminal Law

* (New Zealand Press Association)

WELLINGTON, February 28. A Supreme Court Judge, Mr Justice Finlay, has been appointed to advise the Government on the provisions of the Crimes Bill, introduced into the House of Representatives by the National Government last year. A general revision of the criminal law of the country, the bill comprises 423 clauses and with schedules runs to 180 printed pages. There are also 30 of explanatory notes. The bill consolidates and amends the Crimes Act, 1908, and its amendments, the Criminal Appeal Act, 1945, the Capital Punishment Act, 1950, and the Offences at Sea Act, 1953. The principal changes made by the bill, which was laid on the table for public information and which has not yet been considered by Parliament, relate to penalties. Sentences of life imprisonment are abolished and the longest sentence of imprisonment provided for is 14 years. In the section on homicide, changes are made in the law relating to provocation. Also, the bill adopts the doctrine of diminished responsibility under which murder may be reduced to manslaughter if the offender, though not legally insane, was suffering from a condition bordering on insanity. The bill provides for the

sentence of death by hanging in capital cases. On this question, the Government is expected to follow its long-standing policy of abolishing the death penalty. The appointment of Mr Justice Finlay wa§ announced by the Minister of Justice (Mr Mason) this morning. Mr Justice Finlay is due to retir.e later this year. His retiring leave had been arranged so as to enable him at the request of the Government to revise the draft bill. There was every expectation that the draft bill would be concluded in ample time for the Government to consider it when planning its work for the coming session of Parliament. The Prime Minister (Mr Nash) has indicated that Parliament wiU assemble late in June and it is expected to sit until November. It is understood that the committee representing various departments which considered the bill originally was a very strong one. Judges and magistrates, however, are believed not to have had adequate time to consider it. Mr Justice Finlay is expected to take advantage of the experience of other Supreme Court Judges in preparing his comments to be submitted to the Government. It is further understood that magistrates were earlier asked for their comments on the provisions of the bill but that these have not yet been received.