Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More
Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

Crimes (Criminal Appeals) Amendment Bill - Goff

Crimes (Criminal Appeals) Amendment Bill - Phil Goff

Justice Minister Phil Goff today responded to criticism of the Crimes (Criminal Appeals) Amendment Bill.

"The cases currently before the courts have highlighted ambiguities in the law governing the procedure in the Court of Appeal where criminal appeals are dealt with "on the papers" (i.e. without oral hearing) once legal aid is declined.

"There is currently some concern that the provisions of the Crimes Act 1961 and the Court of Appeal (Criminal) Rules 1997, which govern the procedure for appeals in the Court of Appeal, are ambiguous about whether the Court may determine appeals "on the papers. These ambiguities need to be addressed urgently to ensure certainty around the procedure for dealing with criminal appeals," Mr Goff said.

"The aim of this Bill is to reform and clarify the case management procedure for criminal appeals. It empowers the Court of Appeal to hear and determine cases through consideration of written submissions alone. The legislation will, however, require the Court to issue reasons for every decision, whether made on the papers or via a hearing.

"The Bill also validates those decisions that have been made by the Court of Appeal under the current legislative framework. It will not, however, have any effect on the cases that are currently before the Privy Council and High Court. This is consistent with constitutional principle.

"The Bill has been assessed for compliance with the New Zealand Bill of Rights Act 1990. The Solicitor-General advises that in his opinion the Bill complies.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

"Without the validation provisions there is a risk that hundreds, if not thousands, of earlier Court of Appeal decisions would possibly need to be re-heard. Advice from both the Ministry of Justice and the Solicitor-General is that it is unlikely that the procedures that have been adopted by the Court of Appeal under this framework have resulted in a miscarriage of justice, or have otherwise resulted in prejudice to individual appellants.

"The provision does not affect the rights of an individual appellant to appeal to the Privy Council, or to make an application to the Governor-General for exercise of the Royal prerogative of mercy, to show that there was a substantive error in relation to his or her case.

The legislation confirms the rights of appellants to be represented at criminal appeals before the Court of Appeal, and contains provisions enhancing the current protections available to appellants," concluded Mr Goff.


ENDS

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On The US Opposition To Mortgage Interest Deductibility For Landlords


Should landlords be able to deduct the interest on the loans they take out to bankroll their property speculation? The US Senate Budget Committee and Bloomberg News don't think this is a good idea, for reasons set out below. Regardless, our coalition government has been burning through a ton of political capital by giving landlords a huge $2.9 billion tax break via interest deductibility, while still preaching the need for austerity to the disabled, and to everyone else...
More


 
 

Government: Concerns Conveyed To China Over Cyber Activity
Foreign Minister Winston Peters has confirmed New Zealand’s concerns about cyber activity have been conveyed directly to the Chinese Government. “The Prime Minister and Minister Collins have expressed concerns today about malicious cyber activity... More

ALSO:


Government: GDP Decline Reinforces Government’s Fiscal Plan

Declining GDP for the December quarter reinforces the importance of restoring fiscal discipline to public spending and driving more economic growth, Finance Minister Nicola Willis says... More

ALSO:


Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.