Jump to Navigation
Home

Simplification of Criminal Procedure (including Name Suppression)

Work in Progress
  • General
  • Report
  • Issues Paper
  • Legislation
  • Media & Speeches
Referred ByMinister
Area of LawCriminal
Date Opened1 July 2007

Contact Details

Warren Young
04 914 4838

Related Links

  • Consultation Papers - Ministry of Justice

The Criminal Procedure (Simplification) project was a joint project between the Ministry of Justice and the Law Commission.  It had two objectives: to reduce unnecessary court delays, through legislative and operational change; and to create a more accessible and simplified criminal procedure.

The project reflected many of the recommendations made in the Law Commission’s 2005 report Pre-Trial Processes: Justice Through Efficiency (NZLC R89). It also incorporated a reference received by the Commission to review the law relating to the suppression of names and evidence.

The Criminal Procedure (Reform and Modernisation) Bill, which reflected the Project’s final proposals, was introduced into Parliament in November 2010 and passed in October 2011.  In its final stages in Parliament, the Bill was separated into a number of separate Acts.  This includes the Criminal Procedure Act 2011, which contains the majority of the Project’s proposals.
 

References to the review in the media

 

NZ Herald 'Man admits to 22 up-skirt films' 30 October 2011

Scoop: Government secures wide support for criminal procedure bill  15 September 2011

  • NZLC R109 Suppressing Names and Evidence

    Obtain a Hard Copy

    Buy Now: $20.00
    • publications@lawcom.govt.nz
    • Tel: +64 (04) 473 3453
    • Fax: +64 (04) 471 0959
    Published 16 Nov 2009

    The Commission's latest report, reviewing the law relating to the suppression of information in criminal cases, has been tabled in Parliament. The report recommends that sections 138 - 141 of the Criminal Justice Act 1985 be repealed, and replaced with a new statutory framework. In particular the Commission recommends that there should be a clearer statutory test for name suppression, with grounds specified in the legislation.

    application/pdf iconR109.pdf
  • NZLC IP13 Suppressing Names and Evidence

    Obtain a Hard Copy

    Available online only.
    Published 22 Dec 2008

    Suppressing Names and Evidence: Issues Paper

    Published 22 December 2008
    Suppressing Names and Evidence (NZLC IP 13, Wellington, 2008) is an Issues Paper which reviews sections 138 – 141 of the Criminal Justice Act 1985, and identifies some issues that arise. The paper raises questions and options for discussion and comment.

    The Commission welcomes any comments or submissions on the Issues Paper, which is available by clicking on the heading above. The closing date for submissions is Friday 13 February 2009. Submissions should be directed to Rachel Hayward, Senior Legal and Policy Adviser, Law Commission, PO Box 2590, Wellington 6140, or by email to suppression@lawcom.govt.nz .The paper can be downloaded free from this website. Related to the Simplification of Criminal Procedure project.

    application/pdf iconSupNames WebV - Issues Paper 13.pdf
    application/pdf iconAudio-Visual links.pdf
    application/pdf iconProposals relating to restricting availability of jury trials.pdf
    application/pdf iconRepresentative charges - options and issues.pdf
    application/pdf iconSentencing jurisdiction and appeals.pdf
    application/pdf iconDevelopment of a formalised sentence indication scheme.pdf
    application/pdf iconIdentification of the issues in dispute.pdf
    application/pdf iconMechanisms to ensure compliance with criminal procedural obligations.pdf
    application/pdf iconProceeding in the absence of the defendant.pdf
    application/pdf iconOptions for avoiding re-trials following the discharge of jurors after trial commencement.pdf
    application/pdf iconCriminal procedure case progression model.pdf
    application/pdf iconAttorney-General's reference for New Zealand.pdf
    application/pdf iconCategories of offences and the middle band.pdf
    application/pdf iconAppeal Paths.pdf
  • Criminal Procedure (Reform and Modernisation) Bill

    Published 16 Nov 2010

    The Criminal Procedure (Reform and Modernisation) Bill, which reflects the Project’s final proposals, was introduced into Parliament in November 2010.

    Download Cabinet papers seeking approval to the Bill’s proposals

     

    application/pdf iconCriminal Procedure (Reform and Modernisation) Bill
  • NZLC LP0 Criminal Procedure (Simplification)

    Published 1 Dec 2009

    In December 2009, a Bill Plan was released for consultation that sets out the key proposals arising from the Simplification project. Submissions on the Bill Plan, and its accompanying Commentary, close on 1 March 2010. The Criminal Procedure (Reform and Modernisation) Bill, which reflects the Project’s final proposals, was introduced into Parliament in November 2010

    application/pdf iconCriminal Procedure (Simplification) Bill Plan.pdf
    application/pdf iconCriminal Procedure (Simplification) Bill Plan Commentary.pdf

Press Releases

  • Release of Law Commission Report: Suppressing Names and Evidence

    Published 16 Nov 2009

    The Law Commission’s Report 109, Suppressing Names and Evidence, was tabled in
    Parliament today.

    application/pdf iconPR Suppressing Names and Evidence 16112009.pdf
  • Suppressing Names and Evidence

    Published 22 Dec 2008
    application/pdf iconMedia Release - Name Suppression.pdf
  • Home
  • About the Commission
    • What We Do
    • Staff
    • Commissioners
    • Vacancies
    • Corporate Information
      • Briefing for the Incoming Minister
      • Chief Executive Expenses
  • Our Work
  • Publications
  • News
  • Media & Speeches
Login or Sign Up to have your say
Subscribe to Updates

Keep up to date

Subscribe to our email updates and stay informed.

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Help with subscribing
YOU ARE HERE:
Home » Our Work » Simplification of Criminal Procedure (including Name Suppression)
  • Copyright
  • Disclaimer
  • Privacy
  • Useful Links
  • Contact Us