Criminal Procedure Simplification Project
Criminal Procedure Simplification Project
The Criminal Procedure (Simplification) Project was established in October 2007 to review, and reform New Zealand's criminal procedure. It integrates a range of initiatives within key justice sector agencies to improve timeliness and efficiency in criminal court cases.
The Project will deliver a new Criminal Procedure Bill to repeal much of the Summary Proceedings Act 1957 and consolidate other legislative provisions relating to criminal procedure. Operational improvements, such as enhanced case management procedures, will also be considered.
The Project is a joint effort by the Ministry of Justice and the Law Commission, and depends on the input and co-operation of a range of stakeholders for its success. The Ministry of Justice and the Law Commission are therefore working in partnership with stakeholders to ensure that processes and legislation that is developed will work for all parties.
To this end, consultation papers relating to key proposals being considered in the Project have been provided to stakeholders for their comment. These papers included a Bill Plan that sets out the proposals to reform criminal procedure in legislative form, together with a commentary. This was intended to help stakeholders:
- consider the range of proposals to improve criminal procedure as an integrated package;
- make an assessment of whether they think that the draft provisions are workable and give proper effect to the proposed policies.
Submissions on these papers closed 1 March 2010.
Copies of other papers previously released for consultation are available through the links below:
- Audio-Visual links (PDF, 193Kb)
- Proposals relating to restricting availability of jury trials (PDF, 126Kb)
- Representative charges: options and issues (PDF, 74Kb)
- Suppressing names and evidence (Law Commission paper) (PDF, 1.83Mb)
- Sentencing jurisdiction and appeals (PDF, 68Kb)
- Development of a formalised sentence indication scheme (PDF, 80Kb)
- Identification of the issues in dispute (PDF, 104Kb)
- Mechanisms to ensure compliance with criminal procedural obligations (PDF, 90Kb)
- Proceeding in the absence of the defendant (PDF, 83Kb)
- Options for avoiding re-trials following the discharge of jurors after trial commencement (PDF, 178Kb)
- Criminal procedure case progression model (PDF, 73Kb)
- Attorney-General's reference for New Zealand (PDF, 67Kb)
- Categories of offences and the middle band (PDF, 127Kb)
- Appeal Paths (PDF, 166Kb)
- Section 67(8) Summary Proceedings Act 1957 (PDF,144Kb)
- Supplementary Legal Consultation Issue: Adverse Inference from Defendants' Failure to Give Evidence (PDF,118 Kb)
In addition, certain proposals are currently being tested in the Manukau and Tauranga District Courts.
Further information is also available on the Beehive Website.
