Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Implications Of Criminal Procedure Legislation Bill

Criminal Procedure Legislation Bill could have wide implications

Proposed technical changes in the Criminal Procedure Legislation Bill will substantially change New Zealand’s criminal procedure if the legislation is not amended, the New Zealand Law Society says.

The Bill is described as non-controversial and necessary to enable the new criminal procedure regime to operate effectively when the Criminal Procedure Act 2011 comes into force on 1 July 2013.

However, the Law Society believes that some of the Bill’s provisions raise concerns that warrant further consideration, Law Society Law Reform Committee member Graeme Edgeler told the Justice and Electoral Select Committee today.

“There are two amendments that would be major changes to criminal procedure, which are not necessary for the proper operation of the Criminal Procedure Act,” Mr Edgeler said.

“The amendment that would allow references to the word ‘crime’ in other enactments to be amended by the Executive will give the government the power to expand some criminal offences by regulation,” Mr Edgeler said.

This amendment could allow innocuous or not-very-serious behaviour when it is committed with intent to commit a fine-only offence, to be punished by imprisonment, the Law Society’s submission on the Bill states.

“The expansion of criminal offences should be made by Parliament. The Law Society believes it is inappropriate to allow the Executive the power to amend serious criminal offences in this way,” Mr Edgeler said.

The Law Society submission also raised concerns the Bill proposed an amendment that would increase the jurisdiction of Community Magistrates.

“The amendment goes beyond a simple correction and is intended to reverse a policy decision made in the principal Act,” Mr Edgeler said.

“The proposed change reverses this, and extends the jurisdiction of Community Magistrates to a range of additional offences, unless specifically excluded by regulation.”

“Whether the jurisdiction of Community Magistrates should be extended in this way is an important policy decision on which the Select Committee should seek advice,” Mr Edgeler said.

ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Teina Pora Wins Appeal: Gordon Campbell On The Privy Council Decision

The quashing of the convictions of Teina Pora for the rape and murder of Susan Burdett in 1992 has shone a spotlight once again on a major gap in the New Zealand justice system.

To all intents and purposes, access by New Zealanders to the Privy Council has now been closed. Yet the number of times in recent years when the Privy Council has quashed the findings of New Zealand courts has demonstrated that we are regularly
(a) jailing the wrong person or
(b) arriving at guilty verdicts on grounds sufficiently flawed as to raise serious doubts that a miscarriage of justice has occurred. More>>

 

PARLIAMENT TODAY:

Urgent Bill Planned: MP Pay Rises To Match Public Service

Prime Minister John Key today announced an overhaul of the Remuneration Authority Act, tying MP salaries to those of the wider public sector, which will be passed under urgency. More>>

ALSO:

PM's Press Conference: MP Pay Rises, Solid Energy, Iraq

Prime Minister John Key answered questions in his Post-Cabinet press conference about the Iraq deployment, Solid Energy and National’s decision to overhaul the Remuneration Authority Act. More>>

ALSO:

Worksafe: MSD Charged Over Work And Income Ashburton Shooting

WorkSafe NZ has laid one charge against the Ministry of Social Development (MSD) in relation to the shooting at the MSD Ashburton office on 1 September 2014 in which two Work and Income staff were killed and another was injured. More>>

ALSO:

Iraq: Ex-Hostage Says Government Not Putting NZers, Iraqis First

Harmeet Singh Sooden is travelling to Iraq in the coming weeks to work with Christian Peacemaker Teams (CPT) on a short-term assignment. More>>

ALSO:

Joint Statement: Australia-New Zealand Leaders’ Meeting

Prime Minister Key warmly welcomed Prime Minister Abbott and Mrs Abbott to New Zealand. The visit has enabled wide-ranging and substantive discussion that has underlined the strength, value, diversity and warmth of our trans-Tasman relationship. More>>

ALSO:

Press Conference: Peters To Stand In Northland By-Election

New Zealand First Leader Winston Peters has announced his intention to stand in the Northland by-election, citing his own links to the electorate and ongoing neglect of the region by central government. More>>

ALSO:

Gordon Campbell: On The Wage Hike For MPs (and Paul Robeson)

Hard to tell what is more infuriating. Is it the 5.3% increase on the already bloated salaries of MPs, or their pantomime of outrage at being gifted with such a wonderful back-dated bonanza? More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news