seriousness
of the offence.
Longer sentences
were envisaged
for violent
and
sexual crimes and greater
scope was given to the possibility
of punishment
in
and curfew
the community through a combination
of probation , community service
The Bill also incorporated
a major
reform of the parole system,
orders.
providing for supervision in every ca6e after a prisoner was released.
It
was, however, difficult
to operate an effective
parole system when a high
proportion
of offenders had committed terrorist
Crimea.
389. The criterion
for placement of a child in secure accommodation was not
the commission of a crime but the need to protect the child from injuring
himself or others.
The role of parents was strengthened considerably
in the
Children and Young Persons Act, which provided that parents had to be given
their proper place in decision-making about their children at every stage.
Efforts were made to ensure that the juvenile
could be sent back to non-secure
In prison establishments,
as at
accommodations at the earliest
opportunity.
30 June 1990, there were 275 sentenced juveniles
and 111 juveniles
on remand,
Legislative
measures had successively
reduced those numbers over the years and
the juveniles were kept apart Erom adult offenders as much as possible.
t to a fair
triQ
390. With regard to that issue , members of the committee requested
clarification
of the statement in the report that in cases involving
offences
under the commonlaw, there was no time-limit
in Scotland within which the
They also wished to know whether
trial
of the accused had to take place.
there had been any applications
for payment of compensation for a miscarriage
of justice under section 133 of the Criminal Justice Act 1988 and, if so, with
what results:
whether the Government had reached any conclusions as to the
amendments that should be made to the right of silence in England and Walesl
whether the recommendations of the War Crimes Inquiry relating
to the
introduction
of war crimes legislation
had been implemented; what was the
mandate of the Royal Cornmission of Criminal Justice ; whether the decision of a
person to remain silent in a judicial
proceeding was considered tantamount to
an admission of guiltl
how the independence of the judiciary
was guaranteed8
whether the Government was considering any improvements in the regulations
governing free legal aid3 whether the right guaranteed under article
14 of the
Covenant to have one’s conviction
and sentence reviewed by a higher tribunal
was fully guaranteed in th.3 United Kingdoms whether, in connection with a
particular
case involving
a police officer,
measures had been taken in
Hong Kong to ensure that prosecution was not unreaoonably delayed} how, in the
light of articles
19 and 81 of the Hong Kong Basic Law, the judicial
system in
HorIg Kong would be maintained after 1997; and what had led to the error in the
Birmingham Six case and why it had not been discovered for six years,
Clarification
was also sought of the guarantees of equal access to evidence by
the police and the defence, in particular
in cases brought under terrorism
legislation,
and of provisions
relating
to the presumption of innocence and
the reversal of the burden of initial
proof in cases concerning “scheduled”
offences.
391. In his reply, the representative
of the State party explained that
time-limits
for the hearing of cases in Scotland did not apply to summary
offences because, in the great majority
of summary cases, people were likely
to be either released on bail or simply awaiting a summonsto court.
Under
section 133 of the Criminal Justice Act, 1988, eight application6
for payment
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