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Criminal Law

The Criminal Law Committee has practitioners from all sides of the criminal bar. Monthly meetings are held although, of course, matters can be discussed as and when required. Issues are often raised and members are assigned to specific tasks.

Purpose:
· To identify and discuss issues and bring these to the attention of the relevant bodies eg the Courts, the Judiciary Select Committee etc and also to make recommendations.

· To promote fair and proper administration of criminal justice.

Issues:
Any and all issues touching on administration of criminal justice.

The Draft Rules of Conduct and Client Care for Lawyers (“the Rules”) extended the workings of the Committee perhaps more than anything else. It was a major undertaking reflecting the changes that are ahead as a result of the new Lawyers and Conveyancers Act. Extra meetings were held to suggest amendments and to prepare a report of our own for submitting to the NZLS.

Much of our work required a representative along with other stakeholders to attend meetings. This occurred for the establishment and smooth running of the new Family Violence Court Liaison and the Police Detention Assistance Improvement Project; also, for the District Court Liaison and Jury Trial Liaison Committees. Delays in jury trials are endemic and attention to resolve this serious issue were discussed, including the allocation of extra court rooms and the prospect of permitting sentencing indications prior to committal.

The timely availability of pre-sentence reports and sentencing submissions were a constant source of discussion at our monthly meetings, and follow up correspondence. For the sake of consistency, a national protocol for the timely availability of pre-sentence reports and sentencing submissions is now underway.

Discussions also on the establishment of a Criminal Cases Review Commission based on overseas models. If instituted, this will provide a vehicle to remedy miscarriages of justice after rights of appeal have otherwise been exhausted.

On a social note, the ADLS Inc Criminal Law Committee now host an annual “Evening’ event – which has proved a great success. It appears this is to remain an annual fixture despite attendant changes in our constitution.

Input from Profession:
We encourage fellow members to channel their concerns through the Secretary for the Committee (details contained on the website) or the Convenor for the Committee (details on the website) or fellow Committee members.


Click here to view the Criminal Law committee members.

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