Consultation on proposed changes to Barristers

05/04/2008

In November last year the parliament passed the Evidence (Amendment) Act 2007 which is awaiting proclamation. Amongst other things, the Act substantially amends s41 of the Evidence Act 1995 so as to require a court to disallow questions considered to be improper for a variety of reasons set out in the section.� The section is modelled on, though wider than, s275A of the Criminal Procedure Act 1986.

In the light of these legislative initiatives and at the invitation of the attorney general last year’s Bar Council referred to the association’s Criminal Law Committee the question of whether and, if so, how, the Barristers' Rules should be amended.� The Bar Council accepted the recommendations of the Criminal Law Committee.

In early March 2008, in accordance with the requirements of the Legal Profession Act 2004, the Bar Council published the proposed amendments and invited comment. Over the last few weeks, many submissions have been received in response to the draft rule change, and a number have called for an extended consultation period, given the importance of this issue to the Bar.

In view of the nature and extent of the comments received, the Bar Council has resolved to extend the period for consultation for a period of two weeks from Monday, 31 March to enable further submissions to be received up until the close of business on Monday, 14 April 2008.

Yesterday evening a general meeting of the Bar was held in the Common Room to discuss the draft rule change.� The meeting commenced with a presentation from President Anna Katzmann SC, on the background to the proposals. The chair of the Criminal Law Committee, Stephen Odgers SC, then explained the approach of the committee in preparing the wording of the consultation draft amendments. Bar councillor, Margaret Cunneen SC, also gave a crown prosecutor’s perspective on the cross-examination rules.

The meeting was then opened up for questions and comment.� A number of thoughtful and constructive comments and suggestions were made. The president indicated that Bar Council would give proper consideration to all of the submissions before settling on a final position.

Attorney General John Hatzistergos was also in attendance for part of the meeting.� He explained the government’s position on cross-examination of complainants in sexual assault matters which led him to approach the Bar Council seeking changes to the rules.

8 April 2008

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