Status: Completed
Project overview
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.
Status: Completed
Issues Paper
Suppressing Names and Evidence (NZLC IP13, 2008)
The Commission's Issues Paper, Suppressing Names and Evidence (NZLC IP13, 2008).
Status: Completed
Report
Suppressing Names and Evidence (NZLC R109, 2009)
The Commission's Report, Suppressing Names and Evidence (NZLC R109, 2009) recommends that sections 138 - 141 of the Criminal Justice Act 1985 be repealed and replaced with a new statutory framework.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.
Status: Completed
Government response
There is no requirement for the Government to present a formal response to a Commission report where it has accepted the Commission’s recommendations. (See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).)
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, including the Criminal Procedure Act 2011, which contained the majority of the Project’s proposals.