Friday, 18 December 2020
Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages
With regard to these conditions, the section extends it the definition to include "about", which can be quite a serious extension. Judicial discretion does not have to apply in this matter. If, however, judges apply discretion, they can attach conditions. If that is the case, I expect that counsel for the person who has been convicted will apply for conditions to be attached. If there were specific circumstances that required that to be done, counsel could appeal to the judge to apply his or her discretion to the effect that it would now apply in certain circumstances. It might be somewhat unwieldy but the interest here is to protect the victims and therefore it is a worthy measure.