THE GRAND JURY

Dominion, Volume 12, Issue 58, 3 December 1918, Page 7

THE GRAND JURY

I - '. PROPOSED ABOLITION. (ContTibuted.) , Probably lew people in New Zealand are aware that in some of tho Australian. Stales the grand jury has been abolished or that in others tlie system has never been in for:e at all. In the session of 1917 the Legislative Council, on the motion of Mr. MacGregor, passed a resolution asking the Govern' nient to obtain from Victoria, Queensland, Western Australia, and the other Australian 'States information as ]to tlio effect of the abolition of the grand jury. Last week there was laid on the table 6f the Council by the Attorney-General a return to this resolution, from which it appears that Victdria, Queensland; New South AVales, 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 Jiave eusued. ' The Premier of ■ Victoria sent along with his reply a.memorandum from the Secretary to. the Law Department, in which it is stated that "tlio present system worked smoothly, and there has teen 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." ' We learn from a letter written for tho Premier'of New South Wales that in that State "tho grand jury system has never been established," although it was authorised. The writer adds: "I may say that my colleague, (he Attorney-Generai, has expressed the following opinion:— 'The practice operating hero gives general satisfaction, de-pile occasional criticism. When in New Zealand two or three years ago, I specially inquired into the working of the grand jury .system, and was then, and still am, satisfied that the system existing in }\qw .South Wales is preferable. , " I'Voni Queensland wo have » letter written on behalf of (ho Premier, in which it is stated that the grand jury has never been in force in that Slate and .that "tho.present system, is working so satisfactorily that there is no intention of making any change. No demand has ever been madj here for the establishment of the Knglish system." ■ The reply received from the Premier of Western Australia is to the effect that grand juries were abolished in thai State as long ago as 18S3, and that, the change has bei'ji found very satisfactory and no /trouble has ever arisen,' The system that hus taken the placo of the grand jury is very much alike in these four States. The Secretary ro the Victorian Law Department thus describes it:—"When ;ui accused person is committed for trial by a Magistrate, tho depositions are forwarded to the proper officer of (he court, irf trial. A brief of the evidence is prepared by that ollicer and submitted to a prosecutor for the King. The prosecutor for the Kijig (an independent official .appointed by the GovMnor-iii-C'ouncil) reads the depositions, ami, when Hie facts justify it, prepares and sign* a "presentment" against the licensed, which'is filed in the Court 1 of trial immediately before arraignment. If, however, he is of opinion that the depositions rlo nut disclose an olTencc, he so reports (o the Attorney-General, who r decides whet her the case is to be proceeded with or mil. A 'presentment.' may bo made where there has been no committal." '