THE GRAND JURY

Evening Star, Issue 16908, 4 December 1918, Page 3

THE GRAND JURY

PROPOSED ABOLITION. Probably few people in New Zealand ere aware"'that in some of the Australian States the grand jury has been abolished, or that in otheis the system has never been ia force at all. In the session cf ISI7 our Legislative Council, on the motion of Air John MacGregor., passed a resolution asking the Government to obtain irom 'Victoria, Queensland. Western Australia, and the other Australian States information as to the effect of the abolition of the grand jury. Last v.vek there tvjM* laid on the table of the Council by the AttomeyGeneral 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 'und that non© of the dire consequences predicted by some timid conservatives among us hive ensued. The Premier oi 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 lias been no objection to it from any point of view. . . . Tile power to obtain a grand jury is used very rarely indeed ; in fact, there has not been a errand jury ca'led in this .State for severafyearß.” " . We learn from a letter written lor the Premier of New South V ales that in that State “ the grand jury system na-s never been established." although it was authorised. The writer adds : " I may say that my colleague, the Attorney-General, has expressed the following opinion:—‘The pxactiee operating here gives general satisfaction, despite occasional criticism. When in New Zealand tw« or three years ago 1 specially inquired into the working of the grand jury system, and was then, and still am, satisfied" that the system existing ju New South Wales is preferable.’” From Queensland we have a letter written on behalf of the Premier, in which it is slated that the grand jury ha.s 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 ever been made here for the establishment of the English System.” "The reply received from the Premier of Western Australia is to the effect that grand juries were abolished in that Stato bi long ago as lbS5. and that the change fcs been found very satisfactory, and no übl© has ever arisen. The system that ha« 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 {or trial by a magistrate the depositions jie forwarded to the proper officer of the penrt of trial. A brief of the evidence is prepared by that officer and submitted to a Prosecutor’ for the King. The Prosecutor for the Kin-,: (an independent official upEinted by the Governor-in-Council) reads e depositions, and, when the facts justify it, prepares and signs a ‘ presentment ’ Igainst the accused, which is _ filed in tho lourt of trial immediately before arraignment. If however, he is of opinion that the depositions do not disclose an offence, le so reports to the Attorney-General, who lecides whether the- case is to bo pro leeded with or not. • - A presentUtent may be made where there has been to committal,"