Supplementary Order Paper No 335

No 335

House of Representatives

Supplementary Order Paper

Tuesday, 27 August 2013

Bail Amendment Bill

Proposed amendment

Richard Prosser, in Committee, to move the following amendment:

Clause 9

In clause 9(1), new section 15(1)(b) replace sentenced to imprisonment. (lines 4 and 5 on page 10), with convicted of an offence punishable by 3 years imprisonment or more.

Explanatory note

This Supplementary Order Paper amends the Bail Amendment Bill. The Bill proposes that the strong presumption in favour of bail remains in place for 17 year olds unless they have previously been imprisoned. 18 and 19 year olds will now be subject to the standard adult tests. For a 17 year old to be imprisoned, the crime committed would have been very serious. This Supplementary Order Paper proposes the threshold should be lowered and based on the seriousness of the offence of the conviction, rather than imprisonment. A 17 year old's application for bail should stand or fall on its merits, rather than being strongly presumed.