Ministry of Justice - Access to Justice

The Crime

The traffic light was red ...

It's midnight. Oliver, his girlfriend, Lisa, and Kim (his best friend's girlfriend) are heading into town after cruising round the neighbourhood catching up with friends.

Oliver hasn't had anything to drink, but he smoked a joint at a mate's place.

As they approach the traffic lights, the lights change to orange, then red. The car in front goes through the red light and so does Oliver. A 4WD is coming the other way, and it doesn't have time to stop. It crashes into them, and Lisa bears the full impact and is killed instantly. Oliver's wrecked car spins and bounces off the median barrier into the path of another car.

Kim is knocked unconscious and is severely injured. The driver of the third car isn't wearing a seatbelt and dies when he is thrown from the vehicle.

Oliver breaks his leg and receives cuts and lacerations.

The police and emergency services are quick to arrive

While the emergency services tend to the injured, a sergeant takes control of the scene for the police and assigns officers to key roles. One officer goes with the driver, twenty-year-old Oliver Fender, in the ambulance to hospital.

OLIVER FENDER

Oliver has a history of traffic offences - speeding, running red lights, failing to surrender keys, careless driving, and dangerous driving. He was sentenced to community work and a six-month disqualification for that. He's only had his licence for three years, but he's already been disqualified for twelve months during that time.

At the hospital, the police officer decides not to question Oliver, but a blood sample is taken to see whether any alcohol is in his system.

Back at the scene, the police's Serious Crash Unit (SCU) arrives quickly. The road is closed and the SCU begin to gather evidence and try to piece together what happened. They talk to the driver of the 4WD, who received only minor injuries but was badly shaken. Detectives from the Criminal Investigation Bureau attend the scene briefly, but they aren't needed.

Oliver is arrested

Late the following day, Oliver is discharged from hospital. The Officer in Charge (OIC) of the case visits Oliver at home and arrests him for manslaughter and reckless driving causing injury.

OFFICER IN CHARGE

The OIC had already consulted briefly with the police legal section and the Crown Solicitor's office about what charges should be laid.

Oliver is now referred to by the police as the "alleged offender". More. He is regarded as innocent until proven guilty. The OIC informs Oliver of his rights under the Bill of Rights, which includes his right not to make a statement and his right to consult and instruct a lawyer without delay and in private. More. If he doesn't have one, he can ask to see the list of lawyers he can consult for free under the Police Detention Legal Assistance (PDLA) scheme. Oliver is also informed that he does not have to say anything unless he wishes to do so and that anything he does say may be given in evidence.

INNOCENT UNTIL PROVEN GUILTY

Under the Bill of Rights Act 1990, you have the right (if you are charged with a criminal offence) to be presumed innocent until proven guilty, in a court of law. The presumption of innocence is a fundamental principle of the criminal justice system.

RIGHTS

Oliver must be able to have a free and frank discussion with his lawyer, without feeling that his conversation may be listened to by the police.

Oliver is interviewed

Oliver is taken to the police station, placed in an interview room, and spoken to by the police about the accident. This is an opportunity for Oliver to provide an explanation for his actions and/or deny his guilt.

He has several choices about the interview. He can:

be formally interviewed on or off video, with a lawyer present (either Oliver's own lawyer or a lawyer from the Police Detention Legal Assistance list)
be formally interviewed on or off video without a lawyer present
refuse to say anything
consult a lawyer by phone (and then choose one of the above options).

During this time, the police are gaining further evidence for the case. At the end of the interview process, they will decide whether there is sufficient evidence to charge Oliver.

In this case, there is. Oliver is formally charged with specific offences - two charges of manslaughter and one charge of reckless driving causing injury - and he is cautioned, again, that anything he says will be taken down in writing and may later be given in evidence.

Oliver is processed

Oliver is led away to the cell area, where, as the "prisoner", he is "processed". Oliver is searched, and details like his name, age, and date of birth are recorded on a charge sheet.

(What else could happen to an offender?)

WHAT ELSE COULD HAPPEN?

Although these things didn't happen to Oliver, at this stage of the process, an offender might:

have their clothes taken for evidence to link them to the crime and be given a pair of police-issue white overalls to wear
have a DNA sample taken
be checked to see whether they had been taking drugs or drinking alcohol
be checked for signs of depression or being suicidal so they can be watched and managed properly.

If Oliver was on drugs or had a psychiatric history, a Critical Assessment Team (CAT) might be brought in from the mental health arm of the local District Health Board.

Oliver is fingerprinted, photographed, and placed in a police cell by himself to wait for his court appearance the next day.

As this is happening, the police advise Victim Support about the incident so that they can offer to help the victims and any immediate family members to deal with the emotional and physical consequences of the offence. A police investigative team gathers evidence, looking over the vehicles for exhibits and talking to the victims and witnesses and to Oliver's friends and family. This all contributes to the case file.

What happens next? »