AG: DPP advises against framing law

ATTORNEY General Faris Al-Rawi said Director of Public Prosecutions (DPP) Roger Gaspard SC has advised against the creation of a framing law.

He was contributing to debate on the Miscellaneous Provisions (Law Enforcement Officers) (Amendment) Bill in the Senate on Wednesday.

He recalled while previously treating with bail amendments he reported the Prime Minister had instructed him to look at the issue of a framing law.

"A law to treat with where persons are framed unlawfully, wrongly, set up for an offence (and) set up for a charge."

He said he held specific discussions with the DPP and the DPP's Queen's Counsel Edward Jenkins.

"We explored the issue in great detail, and the DPP urged me not to introduce a statutory offence for framing, but instead to rely upon the common-law fixtures, which the DPP advised strongly ought to prevail."

He explained the common-law fixtures included misbehaviour in public office, perverting or defeating the course of justice, and also wasteful employment of the police.

"I want to assure honourable senators that I did take the obligation seriously and had a very specific discussion with the DPP about this position (and he) has strongly advised against it."

In June Independent Senator Anthony Vieira, in debate on the Bail (Amendment) Bill, said it is an “easy thing” to frame people and destroy their reputation. He suggested an amendment to the bill to introduce framing as an offence, though he said it might be more relevant to the Evidence (Amendment) Act.

During debate on the bill a number of Opposition Senators expressed concern that people who were framed could also have their bail restricted.