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1. OIA-99080.pdf [pdf, 1.9 MB]

   ...Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 contactus@justice.govt.nz | www.justice.govt.nz Our ref: OIA 99080 29 September 2022 Tēnā koe Official Information Act request: Research on later guilty pleas Thank you for your email of 5 September 2022, requesting, under the Official Information Act 1982 (the Act), information about research into later guilty pleas. Specifically, you requested: Can I please have a full copy of the research...

2. Pleas & elections

   The Criminal Procedure Act 2011 requires defendants to enter pleas at an early stage of proceedings for offences. The Act also links the timing of election for jury trials with the entry of a not guilty plea.  The Criminal Procedure Rules 2012 made under the Act set out the process for defendants to plead at the commencement of a jury trial. On this page: Plea entry Elections Plea entry Requirement to enter a plea The court may require the defendant to enter a plea where not already done...

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3. CPA infosheet [pdf, 319 KB]

   CPAI Infosheet 6 Updated June 2013 1 Criminal Procedure Act 2011 Pleas and elections THIS INFORMATION SHEET PROVIDES AN OVERVIEW OF PLEAS AND ELECTIONS UNDER THE CRIMINAL PROCEDURE ACT 2011 The Criminal Procedure Act 2011 ("the Act"), which fully commences on 1 July 2013, introduces a requirement for defendants to enter pleas at an early stage of proceedings for categories of offence. The Act also links the timing of election for jury trials with the entry of a...

4. OIA-100246.pdf [pdf, 1.4 MB]

   ...contactus@justice.govt.nz I www.Justlce.govt.nz Our ref: OIA 100246 Thank you for your email of 19 October 2022, following on from your previous Official Information Act 1982 (the Act) request ( our reference 99080). You have now requested the following: Can I please have an unredacted copy of "A Qualitative Insight into the Increase in Later Guilty Pleas and Election of Jury Trials" - without redactions As your original request was for research about later guilty pleas, we...

5. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...as counsel on a legally aided basis. Initially Client S’s son was granted bail, but as a result of four breaches of bail he was placed in custody on 2 May 2008 when he appeared at the depositions hearing on that date. Client S’s son chose to plead guilty to both charges of arson. It appears that the fact that he would have been remanded for a considerable period of time in custody pending any trial on a not guilty plea was a dominant consideration in him reaching this decision. It...

6. 20240930-Sentencing-Reform-Proactive-Release-2nd-Tranche_FINAL.pdf [pdf, 8.7 MB]

   ...Goldsmith (Minister of Justice) 1 August 2024 Purpose 1. This aide-mémoire answers the two questions you asked in response to a previous briefing on 24 July seeking further policy decisions on the Sentencing Reform Amendment Bill:  How do plea bargains fit in? (to the sliding scale for early guilty pleas)  Are we sure we have captured everything regarding sections 9(2) and 9(4)? (which set out the mitigating factors that can result in sentence discounts). How plea arra...

7. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...charge workers and individuals whose homes and businesses are connected, to deter adults from aiding or abetting youth to offend, and to deter offenders from livestreaming or sharing their offending online;2 3.3 a sliding scale approach to guilty plea discounts;3 Sentencing (Reform) Amendment Bill (v 1.31), clause 5 (s 8(f)). Clause 6(1), (s 9(1)). Clause 7, (s 9C). 8109765 2 3.4 limits on the repeat use of sentencing discounts for youth and remorse;4 3.5 a 40% cap on the o...

8. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...charge workers and individuals whose homes and businesses are connected, to deter adults from aiding or abetting youth to offend, and to deter offenders from livestreaming or sharing their offending online;2 3.3 a sliding scale approach to guilty plea discounts;3 Sentencing (Reform) Amendment Bill (v 1.31), clause 5 (s 8(f)). Clause 6(1), (s 9(1)). Clause 7, (s 9C). 8109765 2 3.4 limits on the repeat use of sentencing discounts for youth and remorse;4 3.5 a 40% cap on the o...

9. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...relating to: 1.1. the scope of the Bill, so that we are better able to deliver on schedule by the end of the year; 1.2. policy design options for some of the more-straight forward sentencing commitments (including a sliding scale for early guilty pleas); and 1.3. the approach to finalising policy advice on more complex policy matters, including targeted consultation with the judiciary, Parole Board and Law Society. Executive summary 2. At the end of last year, we provided you with...

10. Legal aid criminal procedure simplication project - proceeding steps [pdf, 256 KB]

    ...The steps for the criminal simplification test cases differ from the Legal Aid Criminal Proceedings Steps from the issuing of the Case Management Memorandum (CMM) – see Step 3. Cases excluded from the Manukau and Tauranga test courts Guilty plea entered during administrative appearances Indictably laid charges Trial by Jury elected Defendant Self-Represented Non-police Prosecutions, with the exception of IRD prosecutions in Manukau Criminal Procedure (Mentally Impaired...