Criminal Procedure Simplification Project
Criminal Procedure Simplification Project
The Criminal Procedure Simplification Project (the Project) was established to simplify and improve criminal procedure.
The Project is currently focussed on implementing the Criminal Procedure Act 2011 (the Act). The Act will be commenced in two stages:
- A small number of provisions (eg, suppression, sentence indications, amendments to the Bail Act 2000, amendments to the Crimes Act 1961) will come into force early in 2012 by Order in Council.
- The remaining provisions will be brought into force by Order in Council in 2013.
The Criminal Procedure Act 2011 represents the most significant reform of criminal procedure in over 50 years and implementation will require fundamental changes to systems for managing criminal proceedings in the courts. Its immediate benefits will be significant. However, the new Act will also enable, and is part of, a wider set of reforms that over the next three years will help build a more resilient court system, speed up case disposal rates, improve customer service and enhance the sector’s capability to respond to future demands. These include:
- Electronic Operating Model – replaces paper court records and case files with electronic filing and case management, improving efficiency, flexibility and security, and reducing cost. It will also allow the NZ Police to file criminal charges electronically.
- Auckland Service Delivery – takes advantage of scale across greater Auckland to improve services at a local level by managing resources regionally.
- Audio-visual links (AVL) in court proceedings – allows remand and administrative court appearances from prison. Initial testing has been successful and the scheme is being rolled out to additional courthouses.
- Prosecution Review – looking at purchasing, governance and accountability arrangements and the decision-making processes of all government agencies involved in bringing prosecutions.
- Legal Aid Reform – improving the quality and affordability of legal aid by streamlining purchasing arrangements and tightening eligibility criteria, and by expanding the Public Defender Service.
- Review of the Family Court – looking at changes to the Family Court to ensure it is sustainable, efficient, cost-effective, and responsive to the children and vulnerable people who need to access its services.
- Services to Victims –enhancing the rights of and services to victims of crime, including establishing a Victims’ Centre, implementing a new Victims’ Code, and making legislative changes to enable victims to participate more fully in the criminal justice system.
Background
The Criminal Procedure Simplification Project (the Project) was established in October 2007 to review, and reform New Zealand's criminal procedure.
The Criminal Procedure (Reform and Modernisation) Bill (the Bill) was developed in the Project to implement policy agreed by Cabinet, as noted in the papers below:
- Proposals to Simplify Criminal Procedure: Reform Package (Paper One)
- Proposals to Simplify Criminal Procedure: Suppressing names and Evidence (Paper Two)
- Criminal Procedure Reform and Modernisation: Costs, Policy and Approval for Introduction
A Regulatory Impact Statement for the Bill is available. Click here.
More information on the resultant Criminal Procedure Act 2011 is available here.
Consultation papers relating to key proposals considered in the Project were provided to stakeholders for their comment from the end of 2008. These papers included a Bill Plan that set out the proposals to reform criminal procedure in legislative form, together with a commentary.
Copies of the Bill Plan and Commentary are available through the links below:
- Criminal Procedure (Simplification) Bill Plan (PDF, 720Kb)
- Criminal Procedure (Simplification) Bill Plan Commentary (PDF, 1483Kb)
Copies of other papers 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 were tested in the Manukau and Tauranga District Courts.
