Changes to Criminal Justice System
The government of New Zealand introduced a bill to speed up the criminal justice system and save millions of dollars in wasted court time.
On Nov. 15, 2010, New Zealand Justice Minister Simon Power introduced a bill to speed up the country’s criminal justice system. Known as the Criminal Procedure (Reform and Modernization) Bill, Power said the 526-page proposed legislation constitute the biggest change to New Zealand’s criminal justice system in the past 50 years.
The purpose of the proposed legislation is to both speed up the system as well as lower costs. Power said, “The system is clogged and needs to be fixed. It is unacceptable that there are at least 43,000 unnecessary court appearances each year, and that it takes an average of 16 months to complete a jury trial in the High Court and 12 months in the District Court.”
Proposals to Speed Up the Criminal Justice System
One of the bill’s proposals is to require, not the prosecutor but the defense to disclose those issues that are in dispute. It is estimated that by requiring the defendant to help narrow the issues, a substantial amount of court time will be reduced. Out of court discussions between the parties will also be promoted in an attempt to shorten trial time and reduce the number of adjournments.
The proposed legislation will also allow a trial judge to proceed in the absence of the defendant if the court is not satisfied that the defendant has a reasonable excuse for not being present in court.
Persons who are facing criminal charges will be expected to comply with procedural matters. If the defendant is convicted of an offence or offences, the bill provides that the court can take compliance with procedure into account as either a mitigating or aggravating factor on sentence.
The bill provides for new procedures when the constituted jury falls below 10 members. And for those who intend to plead guilty, steps will be taken to try and have these pleas entered as soon as it is practical to do so.
A final major change will eliminate the opportunity for some criminal defendants to have a jury trial at all. Currently a jury trial is available for all defendants who are liable to imprisonment for at least three months upon conviction. The proposed legislation allows only those who face at least three years in jail if convicted to have a trial by jury.
What the Bill Hopes to Achieve
Overall if the bill is passed as drafted, it is expected that approximately 43,000 court appearances will be eliminated. Requiring defense counsel to disclose contentious issues is expected to save about 450 court days. This represents approximately 10% of the total number of days that is expected under the new system.
By eliminating jury trials for those offences whose maximum penalty is between three months and three years, it is estimated that the number of jury trials will be cut by 300 to 600 a year. This makes up between 25 and 40% of juries’ workload.
It is estimated that the time it takes to have a jury trial; the time between the laying of the charge and the final disposition, will be reduced by 13 weeks.
Implementation of the bill is expected to save the government $NZD 24.3 million over a five year period.
The bill followed extensive consultation with lawyers and members of the judiciary.