This project is part of the continuing reference to the Commission to review the law, structure and practices governing procedure in criminal cases. This project examined and reviewed the Costs In Criminal Cases Act 1967. The main point to be noted is the position of the Legal Services Board, which currently is unable to recover its costs under the Act. In the report for this project we recommend that the Board should be able to recover its costs, not as a revenue-gathering exercise, but because this will promote good prosecution standards.
Terms of reference
The Commission’s reference on criminal procedure has the following purposes:
- To ensure that the law relating to criminal investigations and procedures conforms to the obligations of New Zealand under the International Covenant on Civil and Political Rights and to the principles of the Treaty of Waitangi.
- To devise a system of criminal procedure for New Zealand that will ensure the fair trial of persons accused of offences, protect the rights and freedoms of all persons suspected or accused of offences, and provide effective and efficient procedures for the investigation and prosecution of offences and the hearing of criminal cases. With these purposes in mind the Law Commission is asked to examine the law, structures and practices governing the procedure in criminal cases from the time an offence is suspected to have been committed until the offender is convicted, including but not limited to:
• powers of entry, search and arrest,
• diversion—principles and procedures,
• decisions to prosecute and by whom they should be made,
• the rights of suspects and police powers in relation to suspects,
• the division of offences into summary and indictable offences,
• preliminary hearings and criminal discovery,
• onus of proof,
• evidence in sexual and child abuse and other special cases,
• payment of costs to acquitted persons,
and to make recommendations accordingly.
The criminal procedure reference may be read together with the evidence reference, the purpose of which is:
To make the law of evidence as clear, simple and accessible as practicable, and to facilitate the fair, just and speedy judicial resolution of disputes.
With this purpose in mind the Law Commission is asked to examine the statutory and common law governing evidence in proceedings before courts and tribunals and make recommendations for its reform with a view to codification.
Costs in Criminal Cases (NZLC MP12, 1997)
The Commission's Miscellaneous Paper, Costs in Criminal Cases (MP12, 1997).
Costs in Criminal Cases (NZLC R60, 2000)
The Commission's Report, Costs in Criminal Cases (NZLC R60, 2000).
In response to the Commission’s report, legislation was drafted by the Ministry of Justice in 2007/08 but was not introduced.
There was no requirement for the Government to present a formal response to Commission reports before April 2009.