The ADLS Criminal Law Committee keeps a watching brief on all issues touching on administration of criminal justice. The Committee liaises closely with a wide range of service providers in the criminal justice sector. The Committee works with the CBA and other organisations on issues including legal aid. It fosters collegiality and support through events such as the annual South Auckland Bar and Bench dinner. The Committees membership includes some of the most senior criminal lawyers.
- 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.
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.
Input from Profession:
We encourage fellow members to channel their concerns through the Secretary for the Committee, the Convenor for the Committee or fellow Committee members.
17 May 2018
Corrections Amendment Bill
Submission on the Corrections Amendment Bill
16 Feb 2018
Court Matters and Tribunals Powers and Procedures Legislation Bill
Submission on the Court Matters and Tribunals Powers and Procedures Legislation Bill
15 Feb 2013
Criminal Procedure Act 2012 - Consultation on proposed changes to the Criminal Fixed Fee Schedules
Submission to Ministry of Justice on Consultation on proposed changes to the Criminal Fixed Fee Schedules.
29 Jun 2012
Bail Amendment Bill June 2012
Submission to the Law and Order Committee on the Bail Amendment Bill 2012
07 Nov 2011
Fixed Fees Framework for Criminal Legal Aid
Submission to Legal Aid Services, Ministry of Justice on its consultation on Fixed Fees Framework for Criminal Legal Aid
30 Sep 2011
Legal Assistance (Sustainability) Amendment Bill 2011
Submission to Justice and Electoral Committee on Clause 12 of the Legal Assistance (Sustainability) Amendment Bill 2011
29 Aug 2011
Submission to the New Zealand Law Society on the Intervention Rule
13 May 2011
Bail in New Zealand: Reviewing aspects of the bail system
Submission to the Ministry of Justice on the public consultation document - Bail in New Zealand Reviewing aspects of the bail system.
18 Feb 2011
Criminal Procedure (Reform and Modernisation) Bill
Submission to the Justice and Electoral Committee on the Criminal Procedure (Reform and Modernisation) Bill
08 Oct 2010
Legal Services Bill
Submission to the Justice and Electoral Committee on the Legal Services Bill
18 Jun 2010
Preferred Lawyer and Criminal Legal Aid Assignment Consultation
Submission to the Legal Services Agency on the Preferred Lawyer and Criminal Legal Aid Assignment Consultation document
21 May 2010
Review of the Misuse of Drugs Act 1975 - Controlling and Regulating Drugs
Submission to the Law Commission on the Review of the Misuse of Drugs Act 1975 - Controlling and Regulating Drugs
20 Apr 2010
Courts (Remote Participation) Bill 2009
Submission to the Justice and Electoral Committee on the Courts (Remote Participation) Bill 2009
31 Mar 2010
A Focus on Victims of Crime - A review of victim's rights
Submission to the Ministry of Justice on the consultation document: A Focus on Victims of Crime - A review of victim's rights