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1. Regulatory Impact Statement: Amendments to the Sentencing Act 2002 [pdf, 1 MB]

   ...will also make sentencing significantly more complex, which is likely to result in delays to Court Regulatory Impact Statement | 2 processes. These consequences may be alleviated by the introduction of a sliding scale for early guilty pleas, which should result in fewer cases going to trial. In the limited time available, the Ministry has prepared initial modelling of the likely impacts on the prison population that will result from the likely increase in new and longer pri...

2. VJ & VL v AE LCRO 88 / 2012 (14 May 2013) [pdf, 115 KB]

   ...the Practitioner hand delivered to the Applicants later that day ([date] May 2011) the Practitioner provided a thorough and detailed report setting out 3 the facts, summarising the Applicants’ instructions, the relevant law, penalty and plea, and informing them of their options. Under the discussion relating to “Penalty” the Practitioner recorded the maximum penalty and the approximate value of the jewellery and informed the Applicants that in the circumstances, and notw...

3. Criminal Procedure Act

   ...Review Trial Sentencing Appeal Admin The main components of this stage are: proceedings commence with the filing of a charging document the defendant makes his or her first appearances proceedings for category 4 offences transfer to the High Court pleas and elections are entered. Part 2 of the Act sets out the commencement of proceedings and preliminary steps, with 2 subparts: filing a charging document notifying defendant of court appearance. Part 3 of the Act sets out the procedure befor...

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4. Criminal Procedure Act

   ...Review Trial Sentencing Appeal Admin The main components of this stage are: proceedings commence with the filing of a charging document the defendant makes his or her first appearances proceedings for category 4 offences transfer to the High Court pleas and elections are entered. Part 2 of the Act sets out the commencement of proceedings and preliminary steps, with 2 subparts: filing a charging document notifying defendant of court appearance. Part 3 of the Act sets out the procedure befor...

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5. Evaluation of Manukau Family Violence Court [pdf, 767 KB]

   ...through the Family Violence Court 29 3.2.2 Programmes and ‘self-referrals’ 33 3.3 Victims and Offenders involved with the Manukau FV Court 39 3.3.1 Safety 39 3.3.2 Accountability 43 3.4 Case flow 44 3.4.1 Disposal time 44 3.4.2 Charges by plea type 49 3.4.3 Reduction in seriousness of charges 50 3.5 Analysis of Outcomes and Sentences 52 3.5.1 Summary of findings 52 3.5.2 Main outcomes 53 3.5.3 Main sentences imposed 55 3.5.4 Custodial sentences imposed for the comparison sam...

6. Before the trial

   On this page: Oliver gets a lawyer Oliver enters a plea Oliver on bail What happens to Oliver between appearances Oliver breaches bail Case management discussions Case review hearing Trial call-over memo Call-over Prosecution and defence prepare Oliver's past – inadmissible evidence High Court appeal for inadmissible evidence is lost   Oliver gets a lawyer The next day, the day of his first appearance in court, Oliver talks to a duty lawyer, sometimes called a 'duty solicitor'. Th...

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7. Legal aid fee schedule for CMM [pdf, 185 KB]

   ...Schedule A, B & C (CMM): Fees schedule for PC1A, B & C Criminal Procedures Simplification cases at Manukau and Tauranga District Courts Base Fixed Fees Disposed prior to Defended Hearing Activity A B C Tasks covered by Fixed Fee Guilty Plea/Sentencing or Charges Withdrawn during administrative appearances (before review stage) $300 $350 $390 For: Taking instructions, attending client Receiving and reviewing disclosure (may include preparation of disclosure pa...

8. Legal aid consultation on Criminal Procedure Act changes to criminal fixed fees [pdf, 637 KB]

   ...fees that pay for multiple trial stages. In Schedules A, B and C this is reflected in two fees, one for disposal prior to a defended hearing and the second for disposal after defended hearing. In Schedules D, E and F there is payment for early guilty pleas which includes sentencing. 17. This approach does not reflect the stages a trial progresses through. For example, the fees for all cases that are disposed of at trial attract an element of sentencing regardless of whether or not sen...

9. Legal Profession Factsheet v1.2.pdf [pdf, 217 KB]

   ...and reducing the need for matters to be adjourned. Where appropriate and possible the duty lawyer policy will allow for the urgent assignment of legal aid on the day to a duty lawyer or another available lawyer; where the case can be progressed to plea or disposal on the day or to apply for bail that is opposed. Liaison Police Prosecutor in largest sites, including initial disclosure improvements. The Liaison Prosecutor provides a point of contact for defence counsel and other interes...

10. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

    ...penalty for a third strike (see pars 73-77); 3.2.2. add new guiding principles for the use of the exceptions to ensure they are used in accordance with the objectives set by Parliament (see paras 78-81); and 3.2.3. provide for recognition of guilty pleas (see paras 82-87). IN CONFIDENCE 4 3.3. Changes to the approach for murder under three strikes (see paras 88-95): provide greater flexibility in the mandatory sentencing for murder, 3.4. Retrospectivity and transitional...