Keep up with Newstalk ZB

Keep up with
Newstalk ZB

Thu, 17 May 2012, 12:20

Have Your Say

Talkback 0800 80 10 80
Overseas +64 9 307 1080
Text 9292

Follow Us

  • Facebook
  • Twitter
  • YouTube
  • RSS
  • Sign Up

Site Search

Search Search

Select your region:

Share |

Review on criminal trial process

By: Anna Cross | Latest National News | Tuesday February 14 2012 9:49

 

The Law Commission wants people's views on how criminal trials are conducted.

It comes after the Government asked the commission to review the trial process, particularly cases involving sexual offending.

Law Commission consultant Dr Warren Young says both victims and defendants find the current process alienating and disempowering.

He says the existing system leaves it to the prosecution and defence to decide how a case is run, and what evidence is called.

"We've picked up a number of ideas from the way other countries do things, one of the major ones is that we think that judges should have a more active role in the running of cases."

Another possible reform is that victims of sexual offending may not have to go through the criminal trial process.

Dr Young says only a small number of sexual offending victims report to police, and victims can be reluctant to enter the formal system.

He says one possible reform is to set up an alternative process to resolve some sexual offending cases outside the criminal justice system.

"It would be available at the choice of the victim and with the agreements of the defendant."

Dr Young says another reform could involve setting up a specialist violence court for cases where the offender pleads guilty.

The Government's making no commitments as yet on major changes proposed for the way sex offence trials are conducted.

The Law Commission is proposing traditional jury trials be ditched in favour of judge and semi-professional juror arrangements.

It's also suggesting a specialist sexual violence court be set up for cases where offenders plead guilty.

Justice minister Judith Collins says the Government's looking for better ways to deliver justice.

But she also says she's fully aware that merging our system with the European civil systems could have unintended consequences.

Meanwhile a constitutional lawyer is worried about some how sexual offending cases will be handled under the possible overhaul of the criminal trial system.

Stephen Franks says he doesn't agree with the Commission, that juries shouldn't be used in these cases because they often bring prejudice.

"They might be right but your worry is that what they're really saying is we don't like ordinary people's attitudes to these defences and they don't apply the kind of judgement that we would like," he says.

Submissions close on April 27.

 

 

Related Subjects

Trial |

 

Latest National News

Advertisement
MHB promo
Advertisement
  • Men's hockey team departs for ...

  • Action demanded over latest AC ...

  • Another controversy surrounds ...

  • Private, state housing plan tu ...

  • Hurring's spending revealed in ...

  • NZ registers lowest number of ...

  • Speedway, league could co-exis ...

  • Working through lunch could be ...

Watch Newstalk ZB's hourly News recordings

Watch the Newstalk ZB on-air studio

  • Missy Higgins

  • Children's Book Award winner a ...

  • Australia's passenger movement ...

  • Can league and racing co-exist ...

  • Thursday-Target Misses Target

  • Wednesday-Media Standards Slip

  • Tuesday-Hello Sunday Morning

  • Monday-Mothers Day

Student Loans

Are you happy with the Government's changes to the student loan scheme?

Vote Now

View Results

Advertisement