Police questioning

The report for this project was a response to the Commission’s reference on criminal procedure as well to the reference on the law of evidence. This particular project considered police questioning.

See other projects in the criminal procedure reference.

See the evidence law review project.

The Law Commission’s reference on criminal procedure has the following purposes:

(1) 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.
(2) 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 was 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 was 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. 

Criminal Evidence: Police Questioning (NZLC PP21, 1993)

The Commission's Preliminary Paper, Criminal Evidence: Police Questioning (PP21, 1993).

Police Questioning (NZLC R31, 1994)

The Commission's Report, Police Questioning (NZLC R31, 1994) proposes legislative reform of the present law:

• to give persons suspected of criminal offences precisely defined rights to be informed of their rights, especially to remain silent and to have legal assistance
• to give the police powers to detain and question suspects for the defined periods after they have arrested them in exercise of their current powers of arrest, and
• to give clear guidance to the courts when exercising their powers to refuse to admit evidence obtained unlawfully or unfairly.

There has been minimal response to the Commission’s report on this issue and it has not been advanced by successive Governments. 

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).