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Simplifying Criminal Court Processes
The intention of this project is to provide accessible, simplified and efficient criminal court procedures that both deliver justice and reduce unnecessary court delay.  A Criminal Procedure Bill will replace the Summary Proceedings Act 1957 as well as incorporating procedural provisions from the Crimes Act 1961 and District Courts Act 1947.  Some of the reform proposals being considered come from recommendations made by the Law Commission in Pre-Trial Processes: Justice through Efficiency (NZLC R89) in 2005. 

This is a massive project that requires close collaboration with those who work in the criminal justice system to ensure that court procedures meet the proper needs of parties.  In the first stage, consultation papers describing the proposals are being considered with comment sought from stakeholders and interest groups.  Papers published so far have dealt with:
• the availability of jury trials 
• representative charges   
• suppressing names and evidence
• sentencing jurisdiction and appeals
• a formal sentence indication scheme
• identification by the defence of disputed issues in advance of trial
• compliance with criminal procedural obligations
• proceedings in the absence of the defendant
• avoiding re-trials following the discharge of jurors
• a criminal procedure case progression model

Some proposals have been tested as part of pilot schemes in the Manukau and Tauranga District Courts.  The consultation papers are posted on the Ministry of Justice website.  The Law Commission published an issues paper Suppressing Names and Evidence (NZLC IP13) in 2008. 

By the end of 2009 an exposure draft Criminal Procedure Bill will be available and released for consultation.

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