Criminal Procedure (Reform and Modernisation) Bill 2010
|
|
- Florence Nicholson
- 5 years ago
- Views:
Transcription
1 Digest No Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister, Legislative Analyst P: (04) (Ext. 9626) F: (04) Justice As at 18 November, 1st Reading not held. Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status. Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill. Public enquiries: Parliamentary Information Service: ( ) Purpose The purpose of this Bill is to simplify criminal procedure and provide an enduring legislative framework that: ensures the fair conduct of criminal prosecutions in the New Zealand courts (as reflected in section 25 of the New Zealand Bill of Rights Act 1990); and reduces unnecessary delay and inefficiency of court processes; and 1
2 avoids unnecessary stress to victims, witnesses, jurors, and others involved in criminal processes; and eliminates unnecessary complexity in the legislation governing criminal procedure; and addresses shortcomings in the legislative framework arising from piecemeal amendments over many years; and enables the courts to adopt new (and current) information technologies, as appropriate 1. Background Drafting approach generally Many provisions in the Bill simply reflect existing provisions in the Summary Proceedings Act 1957 or Crimes Act The drafting approach taken is generally to consolidate provisions, simplify and modernise language, and ensure that court processes can take advantage of developing information technologies. Only high level procedural requirements are included in the Bill. Matters of detailed procedure will be provided in court rules. This approach preserves minimum standards for the conduct of criminal procedure while ensuring that the legislation is sufficiently flexible to take account of particular circumstances, future technology changes, and other developments. The scope of reform provided in the Bill has required amendment to a number of other enactments to ensure that they appropriately reflect the new approach to offence categorisation and procedure in the District and High Courts. In addition, the Bill almost entirely repeals Part 12, and repeals Part 13, of the Crimes Act 1961, and repeals most of the Summary Proceedings Act The Bill amends the Title of the latter Act to the Enforcement of Infringement Offences and Fines Act 1957 to reflect its revised scope 2. New Zealand Bill of Rights Act 1990 (Bill of Rights Act) Section 24 of the Bill of Rights Act sets out the rights of a person charged. Everyone who is charged with an offence: 1 Criminal Procedure (Reform and Modernisation) Bill, 2010 No 243-1, Explanatory note, General policy statement, p Ibid., pp. 14 and 15. 2
3 (a) Shall be informed promptly and in detail of the nature and cause of the charge; and (b) Shall be released on reasonable terms and conditions unless there is just cause for continued detention; and (c) Shall have the right to consult and instruct a lawyer; and (d) Shall have the right to adequate time and facilities to prepare a defence; and (e) Shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for more than 3 months; and (f) Shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and (g) Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court. Section 25 of the Bill of Rights Act sets out the minimum standards of criminal procedure as follows: Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights: (a) The right to a fair and public hearing by an independent and impartial court: (b) The right to be tried without undue delay: (c) The right to be presumed innocent until proved guilty according to law: (d) The right not to be compelled to be a witness or to confess guilt: (e) The right to be present at the trial and to present a defence: (f) The right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution: (g) The right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: (h) The right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both: (i) The right, in the case of a child, to be dealt with in a manner that takes account of the child's age. Retroactive penalties and double jeopardy Section 26 of the Bills of Rights Act is a provision relating to retroactive penalties and double jeopardy and provides: (1) No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred. 3
4 (2) No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again. New Zealand Bill of Rights concerns The Attorney-General in a report on the Bill 3 has said The right of an accused person to minimum standards of criminal procedure is a fundamental human right recognised by article 14 of the International Covenant on Civil and Political Rights (ICCPR) and affirmed in [Section] 25 of the New Zealand Bill of Rights Act In three respects I have concluded that the Criminal Procedure (Reform and Modernisation) Bill is inconsistent with the rights guaranteed by s 25 of the Bill of Rights Act The provisions which the Attorney-General finds inconsistent with the New Zealand Bill of Rights Act 1990 are: trials in the absence of the defendant (guaranteed by Section 25(e) of the Bill of Rights Act) Clause 124(1) allows a defendant to be excluded from his or her trial where he or she interrupts the hearing to such an extent that it is impracticable to continue in the defendant s presence and Clause 128 provides that where a defendant who has pleaded not guilty to a category 2, 3 or 4 offence does not appear for trial but the prosecutor is ready to proceed, the Court may proceed if satisfied that the defendant has a reasonable excuse for not attending; but must proceed with the hearing if not satisfied that the defendant has a reasonable excuse for not attending; re-trial of acquitted defendants Section 26(2) of the Bill of Rights Act set out above is contravened by Clauses 151 and 154 which provide exceptions to the double jeopardy rule: First, if a person is acquitted of an offence punishable by imprisonment and is later convicted of an administration of justice offence that taints their acquittal, the High Court may order that person to be tried again The second exception applies only to offences for which the penalty is 14 years imprisonment or more. The Court of Appeal may, on the application of the Solicitor- General, order a re-trial of a person acquitted of such an offence, if there is new and compelling evidence of their guilt and where it would be in the interests of justice. The Attorney-General believes both these exceptions limit the right of persons acquitted not to be tried again for the same offence. Reverse onus of proof. Section 25(c) of the Bill of Rights Act guarantees the right to every person charged with an offence to be presumed innocent until proven guilty according to law. Such a reverse onus exists now under Section 67(8) of the Summary Proceedings Act in 3 Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the Criminal Procedure (Reform and Modernisation Bill, J4, (Hon Christopher Finlayson, Attorney-General, 15 November
5 respect of summary offences. The Bill repeals that provision in Schedule 5 of the Bill but places similar provisions offence provisions of in 12 statutes. The Attorney-General sets out aspects of the Bill which limit rights guaranteed by the Bill of Rights Act but which are demonstrably justified 4. These are: The Bill allowing for the clearing of the Court (Clause 201); Suppression Orders (Clauses ); Trials of category 3 and 4 offences by Judges sitting alone (Clauses 102 and 103); and reverse onus provisions (see above); The Attorney-General sets out matters that he considered do not limit rights under the Bill of Rights Act: the defence obligation to identify issues in advance of hearing (see below); power to dismiss appeals for procedural non-compliance (Clause 338); amendments to the Sentencing Act 2002, procedural failure as an aggravating feature in sentencing (Clause 431). The Attorney-General has also issued another report 5 under the Bill of Rights Act in respect of the Bill in respect of this Bill. The Bill proposes to amend Section 24(e) of the Bill of Rights Act (which provides the right to a trial by jury to a person if the offence carries a penalty of more than 3 months imprisonment). The Attorney-General states that Clause 429 of the Bill (which replaces 3 months with 3 years ) is necessarily inconsistent with the section that it seeks to amend. However, he also states: The significance of that inconsistency is qualified, both because the jury trial right is not provided in international human rights law and because the proposed three year threshold remains consistent with broad practice in comparable jurisdictions. 4 Section 5 of the Bill of Rights Act provides the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can demonstrably justified in a free and democratic society. 5 Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the proposed amendment to s 24(e) of the New Zealand Bill of Rights Act 1990 in the Criminal Procedure (Reform and Modernisation) Bill, Hon Christopher Finlayson, Attorney-General, 15 November
6 A copy of the regulatory impact statement issued in respect of this Bill may be found at the following sites: ; or Main Provisions Only the most significant aspects of this Bill are discussed below Categories of offence Under this Bill, offences are no longer classed as summary or indictable, but are instead grouped into four categories as follows: Category 1 offences are offences that are not punishable by a term of imprisonment (including infringement offences in cases where proceedings are commenced by filing a charging document, rather than by issuing an infringement notice). These will always be tried by a District Court Judge, or one or more Community Magistrates or Justices of the Peace; Category 2 offences are offences that are punishable by a term of imprisonment that does not exceed three years. These will be tried by a District Court Judge; Category 3 offences are offences that are punishable by imprisonment for life, or for more than 3 years (other than the category 4 offences listed in Schedule 1). These will be tried by a Judge unless the defendant elects trial by jury and will be heard in the District Court unless the offence is transferred to the High Court; Category 4 offences, which must always be tried in the High Court by a jury, are listed in Schedule 1 (Part 1, Clauses 6 and 9). Jury trials The Bill makes significant changes to the procedure relating to jury trials including: a greater ability to make pre-trial applications in judge-alone trials (for example part 3, Clause 78); abolishing the step of committing a case for trial (i.e. deposition hearings to determine whether a prima face case exists) - however there is provison requiring the prosecution to file formal written statements and for committal to be then automatic unless the defence successfully applies for an oral evidence order within 14 days; 6
7 replacing the present requirement that oral evidence must always be heard in a courtroom before a Judge with provisions that oral evidence may be taken in a courtroom or elsewhere by a Judge, Community Magistrates, or Justices of the Peace, or by a Registrar.; replacing the requirement that all formal statements be in writing by enabling a statement to be recorded in any medium (Part 3, Subpart 7, Clause 82); enabling the courts to require all defendants to plead after they have had the opportunity to obtain legal advice and have received initial disclosure from the prosecution and where a defendant fails to enter a plea, a not guilty plea will be deemed to have been entered (at present it is possible for defendants to plead after committal) ; establishing a presumption that a category 3 offence is tried by a Judge sitting alone, unless the defendant elects trial by jury and the defendant is required to elect at the time a not guilty plea is entered. A late election or withdrawal of election is only possible with the leave of the court when specified circumstances exist (Part 3, Subparts 1 and 2, Clauses 33-51). Case management The Bill puts in place a case management system and in particular requires the defendant to formally identify the issues that are in dispute (that is, the nature of the defence to be run at trial) before the trial. The Bill also provides authority for the court to give an indication of the sentence a defendant is likely to receive if he or she pleads guilty at that time. The Bill also introduces incentives and sanctions to: allow the court or Registrar to impose bail conditions reasonably required to ensure that the defendant takes the necessary steps for the timely progress of his or her case (for example, attending an appointment with a probation officer for the purpose of preparing a pre-sentence report); allow the court to impose cost orders against a defendant, defence counsel, or the prosecution if satisfied that he or she failed without reasonable excuse to comply with a procedural requirement; require a sentencing Judge to take into account as aggravating or mitigating factors (to the extent applicable) the failure of the prosecution or the offender to comply with a procedural requirement or positive steps taken by the offender (over and above mere compliance) to expedite or reduce the cost of proceedings (Part 3, Subpart 3, Clauses 52-67). 7
8 Comment The Attorney-General s report discusses the implications of this new obligation in relation to the defendant s right to silence and the presumption of innocence 6. Proceeding in the absence of the defendant The Bill builds on the current statutory framework and case law to provide a statutory presumption that the court will commence or continue proceedings if the defendant is absent from court without a reasonable excuse. The Bill also enables the court to proceed without the defendant when he or she has a reasonable excuse. In both situations, the court must not proceed without the defendant if it is satisfied that doing so would be contrary to the interests of justice. For offences in categories 2, 3, and 4, the court may grant a retrial of a defendant who is found guilty in his or her absence if the court is satisfied that the defendant has a defence that would have had a reasonable prospect of success if he or she had attended the trial. In order for the retrial to be granted, the defendant will need to provide the court with an outline of the defence on which the defendant intends to rely if a retrial is granted and a formal statement from each witness who the defendant intends to call (Part 5, Subpart 1, Clauses ). Name suppression The Bill deals comprehensively with the question of name suppression. The Bill provides that a court may make an order forbidding publication of the name and any other identifying information about a person who is charged with, or convicted or acquitted of, an offence, but a court may make such an order only if satisfied that publication would be likely to: cause extreme hardship to the person charged with, or convicted of, or acquitted of the offence, or any person connected with that person; or cast suspicion on another person that may cause undue hardship to that person; or cause undue hardship to any victim (as defined in section 4 of the Victims' Rights Act 2002) of the offence; or create a real risk of prejudice to a fair trial; or endanger the safety of any person; or lead to the identification of another person whose name is suppressed by order or by law; or 6 Report of the Attorney-General on the Bill, pp
9 prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or prejudice the security or defence of New Zealand. The Bill also provides that a court may make an order forbidding publication of any report or account of the whole or any part of the evidence adduced or the submissions made in any proceeding in respect of an offence (Part 5, Subpart 3, Clauses ). Appeals may be dismissed for procedural non-compliance The Bill provides that an appeal court may dismiss an appeal if the appellant fails to comply with a timetable or other procedural orders fixed for the appeal (Part 6, Subpart 11, Clause 338). Aggravating and mitigating factors in sentences The Bill introduces a new aggravating or mitigating factor in sentencing. This is any failure by the offender personally (or failure by the offender s lawyer arising out of the offender s instructions to, or failure or refusal to co-operate with, his or her lawyer) to comply with a requirement by this Bill or certain other legislation which has caused delay in the disposition of the proceedings has had an adverse effect on a victim or witness (Part 9, Clause 431, amending Section 9(1) of the Sentencing Act 2002). Copyright: NZ Parliamentary Library, 2010 Except for educational purposes permitted under the Copyright Act 1994, no part of this document may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, other than by Members of Parliament in the course of their official duties, without the consent of the Parliamentary Librarian, Parliament Buildings, Wellington, New Zealand. This document may also be available through commercial online services and may be viewed and reproduced in accordance with the conditions applicable to those services. 9
Local Government Act 2002 Amendment Bill 2010
Digest No. 1771 Local Government Act 2002 Amendment Bill 2010 Date of Introduction: 29 April 2010 Portfolio: Select Committee: Published: 04 May 2010 by John McSoriley BA LL.B, Barrister, Legislative Analyst
More informationCriminal Procedure Act, 1993
Criminal Procedure Act, 1993 Number 40 of 1993 CRIMINAL PROCEDURE ACT, 1993 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Review by Court of Criminal Appeal of alleged miscarriage of justice or
More informationThis Bill would amend the Magistrate s Courts Act, Cap. 116A to (a)
Explanatory Memorandum After Page 26 2016-03-16 OBJECTS AND REASONS This Bill would amend the Magistrate s Courts Act, Cap. 116A to make better provision for committal proceedings under the Act by requiring
More informationLegal Supplement Part B Vol. 55, No st April, RULES THE CRIMINAL PROCEDURE RULES, 2016
Legal Supplement Part B Vol. 55, No. 45 21st April, 2016 181 LEGAL NOTICE NO. 55 REPUBLIC OF TRINIDAD AND TOBAGO THE CRIMINAL PROCEDURE ACT, CHAP. 12:02 RULES MADE BY THE RULES COMMITTEE UNDER SECTION
More informationCriminal Procedure Act 2009
Examinable excerpts of Criminal Procedure Act 2009 as at 2 October 2017 CHAPTER 2 COMMENCING A CRIMINAL PROCEEDING PART 2.1 WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED 5 How a criminal proceeding
More informationDraft Statute for an International Criminal Court 1994
Draft Statute for an International Criminal Court 1994 Text adopted by the Commission at its forty-sixth session, in 1994, and submitted to the General Assembly as a part of the Commission s report covering
More informationLAWS OF WESTERN SAMOA CRIMINAL PROCEDURE ANALYSIS PART II PROCEDURE FOR PROSECUTION OF OFFENCES. Arrest
LAWS OF WESTERN SAMOA CRIMINAL PROCEDURE ANALYSIS TITLE PART I PRELIMINARY 1. Short title and commencement 2. Interpretation 3. Application PART II PROCEDURE FOR PROSECUTION OF OFFENCES Arrest 4. Arrest
More informationWaikato-Tainui Raupatu Claims (Waikato River Settlement Bill 2008 (2010 No 302-2)
Digest No. 1763 Waikato-Tainui Raupatu Claims (Waikato River Settlement Bill 2008 (2010 No 302-2) Date of Introduction: 23 September 2008 Portfolio: Select Committee: Treaty of Waitangi Negotiations Māori
More informationConsistency with the New Zealand Bill of Rights Act 1990: Conservation (Infringement System) Bill
LEGAL ADVICE LPA 01 01 21 1 February 2017 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Conservation (Infringement System) Bill Purpose 1. We
More informationA GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490)
A GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490) Where to find the new Rules The Criminal Procedure Rules 2015 are at this address: http://www.legislation.gov.uk/uksi/2015/1490/contents/made
More informationBERMUDA CRIMINAL PROCEDURE RULES 2013 BR 30 / 2013
QUO FA T A F U E R N T BERMUDA CRIMINAL PROCEDURE RULES 2013 BR 30 / 2013 TABLE OF CONTENTS 1 1.1 1.2 1.3 2.1 2.2 2.3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Citation and commencement PRELIMINARY CITATION,
More informationYouth Justice in New Zealand: Principles and Procedures
Youth Justice in New Zealand: Principles and Procedures 22 July 2009 SUMMARY The Children, Young Persons and Their Families Act 1989 sets out the principles and procedures that apply when a child (aged
More informationCHILDREN S RIGHTS - LEGAL RIGHTS
I. ARTICLES Article 12, CRC Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child,
More informationCriminal Procedure (Reform and Modernisation) Bill
Criminal Procedure (Reform and Modernisation) Bill Submission of the New Zealand Police Association Submitted to the Justice and Electoral Committee 18 February 2011 Criminal Procedure (Reform and Modernisation)
More informationCriminal Procedure Regulation 2005
New South Wales under the Criminal Procedure Act 1986 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Criminal Procedure Act 1986. BOB
More informationBERMUDA CRIMINAL JURISDICTION AND PROCEDURE (DISCLOSURE AND CRIMINAL REFORM ACT 2015) REGULATIONS 2015 BR 89 / 2015
QUO FA T A F U E R N T BERMUDA CRIMINAL JURISDICTION AND PROCEDURE (DISCLOSURE AND CRIMINAL BR 89 / 2015 TABLE OF CONTENTS 1 2 3 4 5 6 7 Citation Amends section 3 Amends section 5 Amends section 7 Amends
More informationNumber 27 of 2010 CRIMINAL PROCEDURE ACT 2010 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General. PART 2 Impact of Crime on Victim
Click here for Explanatory Memorandum Section Number 27 of 2010 CRIMINAL PROCEDURE ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General 1. Short title and commencement. 2. Interpretation. 3.
More informationBench or Court Trial: A trial that takes place in front of a judge with no jury present.
GLOSSARY Adversarial System: A justice system in which the defendant is presumed innocent and both sides may present competing views of the evidence (as opposed to an inquisitorial system where the state
More informationLISTENING DEVICES ACT, 1984, No. 69
LISTENING DEVICES ACT, 1984, No. 69 NEW SOUTH WALES. TABLt OF PROVISIONS. J. Short title. 2. Commencement. 3. Interpretation. 4. Act to bind the Crown. PART I. PRELIMINARY. PART II. OFFENCES RELATING TO
More informationYOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or
More informationBE it enacted by the King's Most Excellent Majesty, by and with
Act No. 16, 1912. An Act to establish a court of criminal appeal; to amend the law relating to appeals in criminal cases ; to provide for better consideration of petitions of convicted persons ; to amend
More informationConsistency with the New Zealand Bill of Rights Act 1990: Outer Space and High Altitude Activities Bill
LEGAL ADVICE LPA 01 01 21 7 September 2016 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Outer Space and High Altitude Activities Bill Purpose
More informationLEGAL STUDIES. Victorian Certificate of Education STUDY DESIGN. Accreditation Period.
Accreditation Period 2018 2022 Victorian Certificate of Education LEGAL STUDIES STUDY DESIGN www.vcaa.vic.edu.au VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY Authorised and published by the Victorian
More informationThe Profits of Criminal Notoriety Act
1 PROFITS OF CRIMINAL NOTORIETY c. P-28.1 The Profits of Criminal Notoriety Act being Chapter P-28.1 of The Statutes of Saskatchewan, 2009 (effective May 14, 2009). NOTE: This consolidation is not official
More informationInternational Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976
Selected Provisions Article 2 International Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976 1. Each State Party to the present Covenant undertakes to
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences
More informationChapter 340. Bail Act Certified on: / /20.
Chapter 340. Bail Act 1977. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 340. Bail Act 1977. ARRANGEMENT OF SECTIONS. PART I PRELIMINARY. 1. Interpretation. bail bail authority
More informationAn Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota
An Introduction to the Federal Public Defender s Office for the Districts of South Dakota and North Dakota Federal Public Defender's Office for the Districts of South Dakota and North Dakota Table of Contents
More informationI ve Been Charged With an Offence: What Now?
I ve Been Charged With an Offence: What Now? Getting a Lawyer If the police have charged you with a criminal, drug or Youth Criminal Justice offence and you have been given a court date down the road:
More informationCRIMINAL LEGISLATION (AMENDMENT) ACT 1992 No. 2
CRIMINAL LEGISLATION (AMENDMENT) ACT 1992 No. 2 NEW SOUTH WALES 1. Short title 2. Commencement 3. Amendments 4. Explanatory notes TABLE OF PROVISIONS SCHEDULE 1 AMENDMENT OF CRIMES ACT 1900 NO. 40 SCHEDULE
More informationTHE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973
THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,
More informationRULE 82 CRIMINAL APPEAL RULE INTERPRETATION AND DEFINITIONS
RULE 82 CRIMINAL APPEAL RULE INTERPRETATION AND DEFINITIONS 82.01 (1) In this rule, unless the context requires otherwise: "appeal" includes an application for leave to appeal and a crossappeal; (appel)
More informationCHILDREN COURT RULES, 2018
CHILDREN COURT RULES, 2018 CONTENTS Rule Page PART 1 CITATION, COMMENCEMENT AND POWERS Citation and Commencement Rule 1.1 Definitions Rule 1.2 Application of the Rules Rule 1.3 Effect of non-compliance
More informationIntroduction to Criminal Law
Introduction to Criminal Law CHAPTER CONTENTS Introduction 2 Crimes versus Civil Wrongs 2 Types of Criminal Offences 3 General Principles of Criminal Law 4 Accessories and Parties to Crimes 5 Attempted
More informationPROVINCIAL OFFENCES PROCEDURE ACT
Province of Alberta PROVINCIAL OFFENCES PROCEDURE ACT Revised Statutes of Alberta 2000 Chapter P-34 Current as of May 1, 2017 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer
More informationExplanatory Report to the Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
European Treaty Series - No. 117 Explanatory Report to the Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms Strasbourg, 22.XI.1984 Introduction l. Protocol No.
More informationISSUES. Saskatoon Criminal Defence Lawyers Association December 1, Fall Seminar, 1998: Bail Hearings and Sentencing. Prepared by: Andrew Mason
SENTENCING ISSUES Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Prepared by: Andrew Mason Also available to members at the SCDLA Web site:
More informationCrimes (Mental ImpaIrment and Unfitness to be TrIed) Bill
ARr.dUR ROBINSON & HEDDERWlCD I library Crimes (Mental ImpaIrment and Unfitness to be TrIed) Bill EXPLANATORY MEMORANDUM PART I-PRELIMINARY Clause 1 Clause 2 Clause 3 sets out the three main purposes of
More informationTHE INTERNATIONAL CRIMINAL COURT BILL, MEMORANDUM.
BILLS SUPPLEMENT No. 13 17th November, 2006 BILLS SUPPLEMENT to the Uganda Gazette No. 67 Volume XCVIX dated 17th November, 2006. Printed by UPPC, Entebbe by Order of the Government. Bill No. 18 International
More informationCourtroom Terminology
Courtroom Terminology Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the
More informationLISTING PROCEDURE FOR SUMMARY CRIMINAL TRIALS
Local Court of New South Wales PRACTICE NOTE NO. 7 of 2007 ISSUED: 9 November 2007 LISTING PROCEDURE F SUMMARY CRIMINAL TRIALS This Practice Note applies where a plea of not guilty is entered in respect
More informationCriminal Appeal Act 1968
Criminal Appeal Act 1968 CHAPTER 19 ARRANGEMENT OF SECTIONS PART I APPEAL TO COURT OF APPEAL IN CRIMINAL CASES Appeal against conviction on indictment Section 1. Right of appeal. 2. Grounds for allowing
More informationMigration Amendment (Visa Integrity) Bill 2006
Parliament of Australia Department of Parliamentary Services Parliamentary Library Information analysis and advice for the Parliament BILLS DIGEST 26 July 2006, no. 2, 2006 07, ISSN 1328-8091 Migration
More informationName: Class: Date: 5. The amendment to the U.S. Constitution that forbids cruel and unusual punishment and prohibits excessive bail is the
1. Roman laws a. often came to include commentaries written by judges. b. treated criminals with compassion. c. were ignored by the Emperor Justinian. d. were condemned by the Roman Catholic Church. 2.
More informationChapter 22:05 EXCHANGE CONTROL ACT Acts 62/1964, 8/1967, 15/1970, 43/1975, 42/1977 (s. 3), 22/2001, 14/2002; R.G.N 1135/1975. ARRANGEMENT OF SECTIONS
Chapter 22:05 EXCHANGE CONTROL ACT Acts 62/1964, 8/1967, 15/1970, 43/1975, 42/1977 (s. 3), 22/2001, 14/2002; R.G.N 1135/1975. ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Regulatory powers of the
More informationIN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CRI [2015] NZHC Appellant. NEW ZEALAND POLICE Respondent JUDGMENT OF CLIFFORD J
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CRI-2015-485-17 [2015] NZHC 2235 BETWEEN AND DINH TU DO Appellant NEW ZEALAND POLICE Respondent Hearing: 23 June 2015 Counsel: A Shaw for Appellant
More informationDouble Jeopardy (Scotland) Bill [AS AMENDED AT STAGE 2]
Double Jeopardy (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section 1 Rule against double jeopardy Double jeopardy Exceptions to rule against double jeopardy 2 Tainted acquittals 3 Admission made
More informationMAINTENANCE AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA MAINTENANCE AMENDMENT BILL (As introduced in the National Assembly (proposed section 7); explanatory summary of Bill published in Government Gazette No. 38138 of 29 October 2014)
More informationNC General Statutes - Chapter 15A Article 91 1
Article 91. Appeal to Appellate Division. 15A-1441. Correction of errors by appellate division. Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital
More informationPenal Code (Amendment) Bill
Bill No. 33/2012. Penal Code (Amendment) Bill Read the first time on 15th October 2012. A BILL intituled An Act to amend the Penal Code (Chapter 224 of the 2008 Revised Edition). Be it enacted by the President
More informationSPECIAL COURT FOR SIERRA LEONE JOMO KENYATTA ROAD NEW ENGLAND FREETOWN, SIERRA LEONE RULES OF PROCEDURE AND EVIDENCE
SPECIAL COURT FOR SIERRA LEONE JOMO KENYATTA ROAD NEW ENGLAND FREETOWN, SIERRA LEONE RULES OF PROCEDURE AND EVIDENCE Amended on 7 March 2003 Amended on 1 August 2003 Amended on 30 October 2003 Amended
More informationSentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes
Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have
More informationSASKATCHEWAN COURT OF QUEEN S BENCH RULES RESPECTING PRE-TRIAL CONFERENCES
CRIMINAL PROCEEDINGS 501 SASKATCHEWAN COURT OF QUEEN S BENCH RULES RESPECTING PRE-TRIAL CONFERENCES (SI/86-158, Canada Gazette (Part II), September 3, 1986.) 1 When an accused is to be tried with a jury,
More informationREPUBLIC OF SINGAPORE ACTS SUPPLEMENT. Published by Authority
1 of 15 27/04/2015 1:41 PM Protection from Harassment Act 2014 (No. 17 of 2014) Long Title Enacting Formula Part I PRELIMINARY 1 Short title and commencement 2 Interpretation Part II OFFENCES 3 Intentionally
More information5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82)
CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms Rights and freedoms in Canada
More informationCHAPTER 10:03 JUVENILE OFFENDERS ACT ARRANGEMENT OF SECTIONS
Juvenile Offenders 3 CHAPTER 10:03 JUVENILE OFFENDERS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Child under ten years. 4. Juvenile courts. 5. Bail of children and young
More informationCrimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90
New South Wales Crimes (Sentencing Procedure) Amendment (Standard Minimum Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 and other Acts 2 Schedules
More informationPart 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights
More informationHOW A CRIMINAL CASE PROCEEDS IN FLORIDA
HOW A CRIMINAL CASE PROCEEDS IN FLORIDA This legal guide explains the steps you will go through if you should be arrested or charged with a crime in Florida. This guide is only general information and
More informationCanadian charter of rights and freedoms
Canadian charter of rights and freedoms Schedule B Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 PART I Whereas Canada
More informationCrimes (Sexual Offences) Act 1991
No. 8/1991 TABLE OF PROVISIONS PART 1 PRELIMINARY Section 1. Purposes 2. Commencement PART 2 AMENDMENT OF THE CRIMES ACT 1958 3. New Subdivisions (8) to (8F) inserted in Division 1 of Part I (8) Sexual
More informationSchedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982
Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General
More informationTHE EVIDENCE (AMENDMENT) ACT, Arrangement of Sections
THE EVIDENCE (AMENDMENT) ACT, 2009 Arrangement of Sections Section 1. Short title 2. Commencement 3. Act inconsistent with Constitution 4. Interpretation 5. Section 13 amended 6. Section 15C amended 7.
More informationCHAPTER 383 HONG KONG BILL OF RIGHTS PART I PRELIMINARY
CHAPTER 383 HONG KONG BILL OF RIGHTS An Ordinance to provide for the incorporation into the law of Hong Kong of provisions of the International Covenant on Civil and Political Rights as applied to Hong
More informationINTERNATIONAL STANDARDS ON THE DEATH PENALTY
INTERNATIONAL STANDARDS ON THE DEATH PENALTY Table of Contents 1 INTRODUCTION... 1 2 GENERAL HUMAN RIGHTS PRINCIPLES... 1 3 ABOLITION... 2 4 INTERNATIONAL TREATIES FAVOURING ABOLITION... 3 5 NON-USE...
More informationNumber 10 of 1999 CRIMINAL JUSTICE ACT, 1999 ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Interpretation.
Section 1. Interpretation. Number 10 of 1999 CRIMINAL JUSTICE ACT, 1999 ARRANGEMENT OF SECTIONS PART I Preliminary and General 2. Citation and commencement. 3. Expenses. PART II Amendments to Provide for
More informationProvincial Offences Act R.S.O. 1990, CHAPTER P.33
Français Provincial Offences Act R.S.O. 1990, CHAPTER P.33 Consolidation Period: From May 15, 2012 to the e-laws currency date. Last amendment: 2011, c. 1, Sched. 1, s. 7. SKIP TABLE OF CONTENTS CONTENTS
More informationS G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council
S G C Sentencing Guidelines Council Reduction in Sentence for a Guilty Plea Definitive Guideline Revised 2007 FOREWORD One of the first guidelines to be issued by the Sentencing Guidelines Council related
More informationBangladesh Supreme Court Bar Association Human Rights Conference Dhaka 13 October 2010
Bangladesh Supreme Court Bar Association Human Rights Conference Dhaka 13 October 2010 Bangladesh its Constitution & the International Crimes (Tribunals) (Amendment) Act 2009 By Steven Kay QC 1 The Purpose
More informationHow the International Criminal Court is balancing the right of victims to participate with the right of the accused to a fair trial
How the International Criminal Court is balancing the right of victims to participate with the right of the accused to a fair trial The Supranational Criminal Law Lecture Series Spring 2008 Series T.M.C.
More informationCrimes (Sentencing Procedure) Act 1999 No 92
New South Wales Crimes (Sentencing Procedure) Act 1999 No 92 Summary of contents Part 1 Preliminary Part 2 Penalties that may be imposed Division 1 General Division 2 Alternatives to full-time detention
More informationDomestic Abuse (Scotland) Bill [AS INTRODUCED]
Domestic Abuse (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 OFFENCE AS TO DOMESTIC ABUSE Engaging in course of abusive behaviour 1 Abusive behaviour towards partner or ex-partner 2 What constitutes
More informationSocial Workers Registration Legislation Bill
Social Workers Registration Legislation Bill Government Bill Explanatory note General policy statement This Bill is an omnibus Bill introduced under Standing Order 263. That Standing Order states that
More informationCHAPTER 127 CRIMINAL PROCEDURE
1 L.R.O. 1998 Criminal Procedure CAP. 127 CHAPTER 127 CRIMINAL PROCEDURE ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART I Preliminary PART II Procedure for Trial on Indictment
More informationCOMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
CLT-11/CONF/211/3 Paris, 6 September 2011 Original: English UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION COMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
More informationBELIZE ALIENS ACT CHAPTER 159 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
BELIZE ALIENS ACT CHAPTER 159 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law
More informationLaw Commission consultation on the Sentencing Code Law Society response
Law Commission consultation on the Sentencing Code Law Society response January 2018 The Law Society 2018 Page 1 of 12 Introduction The Law Society of England and Wales ( The Society ) is the professional
More informationCANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL]
PDF Version [Printer friendly ideal for printing entire document] CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL] Published by Important: Quickscribe offers a convenient and economical updating service
More informationPatrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms
Canadian Heritage Patrimoine canadien The Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms Whereas Canada is founded upon principles that recognize the supremacy of God
More informationDouble Jeopardy (Scotland) Bill [AS INTRODUCED]
Double Jeopardy (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Rule against double jeopardy Double jeopardy Exceptions to rule against double jeopardy 2 Tainted acquittals 3 Admission made or becoming
More informationCriminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013 No 10
New South Wales Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Criminal Procedure Act 1986 No 209 3 New South
More informationC RIMINAL PROSECUTION
Preliminary Paper No 28 C RIMINAL PROSECUTION A discussion paper The Law Commission welcomes comments on this paper and seeks responses to the questions raised. These should be forwarded to: The Director,
More informationSupplement No. 3 published with Gazette No. 12 dated 4 th June, 2018.
CAYMAN ISLANDS Supplement No. 3 published with Gazette No. 12 dated 4 th June, 2018. A BILL FOR A LAW TO AMEND THE CRIMINAL PROCEDURE CODE (2017 REVISION) TO PROVIDE FOR CONSISTENCY BETWEEN THE PROCEDURES
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationDomestic Abuse (Scotland) Bill [AS PASSED]
Domestic Abuse (Scotland) Bill [AS PASSED] CONTENTS Section PART 1 OFFENCE AS TO DOMESTIC ABUSE Engaging in course of abusive behaviour 1 Abusive behaviour towards partner or ex-partner 2 What constitutes
More informationDomestic Violence, Crime and Victims Bill [HL]
[AS AMENDED IN STANDING COMMITTEE E] CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence 2 Additional considerations
More informationCriminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court
Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding
More informationSingapore: Mutual Assistance In Criminal Matters Act
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationRe: Criminal Law Amendment Bill 2014
The Research Director Legal Affairs and Community Safety Committee Parliament House George Street BRISBANE QLD 4000 By email: lacsc@parliament.qld.gov.au 6 June 2014 Dear Colleague, Re: Criminal Law Amendment
More informationINDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT
INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT CHAPTER 12:01 48 of 1920 5 of 1923 21 of 1936 14 of 1939 25 of 1948 1 of 1955 10 of 1961 11 of 1961 29 of 1977 45 of 1979 Act 12 of 1917 Amended by *See Note
More informationCHAPTER 113A CRIMINAL APPEAL
1 L.R.O. 2002 Criminal Appeal CAP. 113A CHAPTER 113A CRIMINAL APPEAL ARRANGEMENT OF SECTIONS SECTION CITATION 1. Short title. INTERPRETATION 2. Definitions. PART I CRIMINAL APPEALS FROM HIGH COURT 3. Right
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005 Third Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationSupplement No. 4 published with Gazette No. 13 of 26th June, CRIMINAL PROCEDURE CODE
Supplement No. 4 published with Gazette No. 13 of 26th June, 2006. Criminal Procedure Code (2006 Revision) CRIMINAL PROCEDURE CODE (2006 Revision) Law 13 of 1975 consolidated with Laws 5 of 1979, 17 of
More informationTHE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973
THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,
More information1990 CHAPTER S HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:
1990 CHAPTER S-63.1 An Act respecting Summary Offences Procedure and Certain consequential amendments resulting from the enactment of this Act (Assented to June 22, 1990) HER MAJESTY, by and with the advice
More informationCONTEMPT OF COURT ACT
LAWS OF KENYA CONTEMPT OF COURT ACT NO. 46 OF 2016 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org Contempt of Court No. 46 of 2016 Section
More information2016 VCE Legal Studies examination report
2016 VCE Legal Studies examination report General comments The 2016 Legal Studies examination was a challenge for some students. Students should respond to the question, use the stimulus material in their
More informationIntroduction to the Main Amendments made to the Criminal Procedure Law of the PRC 1996 Professor Fan Chongyi China University of Politics and Law
Introduction to the Main Amendments made to the Criminal Procedure Law of the PRC 1996 Professor Fan Chongyi China University of Politics and Law The Criminal Procedure Law of the PRC was passed at the
More informationDepartmental Disclosure Statement
Departmental Disclosure Statement The Electronic Monitoring of Offenders Legislation Bill The departmental disclosure statement for a government Bill seeks to bring together in one place a range of information
More informationCHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 INTRODUCTION
110 CHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 Background INTRODUCTION The New Zealand Bill of Rights Act 1990 (Bill of Rights Act) affirms a range of civil and political rights.
More information