Letter: Some solutions to our criminal law problems

Dear Editor, A follow up to my letter published in yesterday’s Cook Islands News.

1. Change the Police powers of arrest without warrant, the right to arrest should only exist in “onsight” cases when the offender is actually seen physically committing the offence.
2. 24hours after the offence is committed, the power to arrest without warrant ceases, from that point on, the Police must then apply for a defendant’s warrant to arrest from the court or easily bring the defendant to court on summons, which is always available.
3. The arrest warrant must be applied to a Judge, J.P. or the Court Registrar.
4. The application must provide the grounds to arrest, the evidence justifying it and the reason why the defendant cannot be brought to court by summons.
5.          HOME DETENTION ELECTRONIC ANKLE BANDS
6. This equipment is long overdue; people placed on night curfew (not allowed at night) should be required to wear an ankle band from 7pm to 7am while remaining at home.
7. This prevents the Police from invading private property to check up on defendants on bail or night curfew, causing a nuisance.
8.            ALTERNATIVES TO IMPRISONMENT
9. Given a choice of going to prison or doing home detention by wearing an ankle band and working from home, I am sure home detention will be a popular choice.
10.             THE CURSE OF INDIVIDUALISING OR SPLITTING UP OF CHARGES
11. Example 1 Common Assault charges, you throw 6 punches at your victim, you will be charged 6 times.
12. The charges will pinpoint the point of contact, head punch, stomach punch, rib punch, jaw punch, ear punch, leg kick etc...
13. This used to be covered by 1 charge called “representative charge.”
14. It is worse with drug offences, if a supplier text messages a potential buyer or buyers 44 different people, he will be charged 44 times.
15. Under section 6 of the Narcotics and Misuse of Drugs Act 2004, the penalty at 10-year imprisonment per charge totals 440 years of imprisonment. This nearly happened recently but I was able to stop it.
16. N.Z practices and precedents are imported here by Crown Prosecutors, I do not think we are that bad to require such draconian methods…these can be changed by amending the Criminal Procedure and Judicature Acts.
17. Our Prison is overflowing with inmates, a new much larger prison will be needed, our national population may be decreasing while the prison population is on the increase.
18. We face over-policing excessive prosecutions, with no compassion and very little care from law enforcement authorities.
19. With all this happening around us, there is a total absence of concern or murmur from our politicians, churches and community leaders. May be you all did not know, now you do.

Sincerely, Norman George

Senior Barrister and Solicitor