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This project has arisen from the Commission’s recommendation in their 2008 report, Disclosure to Court of Defendants’ Previous Convictions, Similar Offending, and Bad Character (NZLC R103) 2008. We recommended that Government should undertake an inquiry into whether the present adversarial trial process should be modified or replaced with an alternative model, with particular reference to cases involving sexual violence. The project is being undertaken collaboratively with Elisabeth McDonald and Yvette Tinsley from Victoria University of Wellington and Jeremy Finn from the University of Canterbury, who have a Law Foundation grant for research on similar issues.
They published a book with the results of their research in December 2011, From "Real Rape" to Real Justice: Prosecuting Rape in New Zealand.
References to the review in the media
The Gisborne Herald 'Time to balance need for a fair trial with need to give victims a fair go' 29 February 2012
Stuff 'Sex abuse case spurs call for change' 29 February 2012
NZ Lawyer 'Wide feedback and vigorous debate wanted on alternative criminal trial processes' 24 February 2012
Ashburton Guardian Editorial 20 February 2012
Sciblogs 'Sexual assault prosecution: where's the science fit in'? 19 February 2012
NZ Herald 'Twelve or two? The jury's out' 18 February 2012
Otago Daily Times 'Putting justice on trial' 16 February 2012
Newstalk ZB 'Review on criminal trial process' 14 February 2012
Dominion Post via Stuff 'Law Commission suggests 'semi-professional' jurors' 14 February 2012
Radio NZ Nine to Noon 'Should criminal trials be less confrontational for victims? 14 February 2012
Alternative Trial Processes Terms of Reference
Published 14 Feb 2012The Commission has been asked to:
Undertake a high-level review of pre-trial and trial processes in criminal cases. In particular, it should consider whether the adversary framework within which those processes operate should be modified or fundamentally changed in order to improve the system’s fairness, effectiveness and efficiency.
The Commission should include within its review, an examination of inquisitorial models and consider whether all or any part of such models would be suitable for incorporation into the New Zealand system.
The Commission is asked to put particular emphasis upon the extent to which a new framework and/or new processes should be developed to deal with sex offence cases. However, it should also consider the desirability of alternative approaches in other categories of cases such as those involving child victims and witnesses and family violence, and it should consider the extent to which the system needs to be modified more generally.
Alternative Trial Processes Consultation
Published 14 Feb 2012The Law Commission has sought your views on how criminal trials are conducted and whether there may be better ways to serve the interests of justice – particularly in cases involving sexual offending.
The online consultation was in a new consultation format. The issues were broken into shorter and more accessible segments outlining the problems and seeking feedback on a series of possible reforms.
Submissions closed on Friday 27 April 2012.
Press Releases
Law Commission considers Alternative Trial Processes
Published 14 Feb 2012The Law Commission is seeking New Zealanders’ views on how criminal trials are conducted and whether there may be better ways to serve the interests of justice – particularly in cases involving sexual offending.
The public consultation comes after the Government asked the Law Commission to conduct a high-level review of trial and pre-trial processes with a view to improving the system’s fairness, efficiency and effectiveness.
Download press release and media backgrounder: