CHAPTER 2

In Court

INTRODUCTION

RECOGNITION OF THE RIGHTS OF PEOPLE APPEARING IN COURT IN HUMAN RIGHTS LAW

The Universal Declaration of Human Rights 1948

The International Covenant on Civil and Political Rights 1966

The New Zealand Bill of Rights Act 1990

APPEARING IN COURT

MAKING A PLEA

Negotiation of charges

Status hearings

TRIAL PROCEDURE

LEGAL AID

ADJOURNMENTS, REMANDS AND BAIL

PLEAS IN MITIGATION

SENTENCING

Pre-sentence reports

Sentences available under the Sentencing Act 2002

Discharge without conviction

Conviction and discharge

Order to come up for sentence if called on

Reparation

Fines

Disqualification and confiscation

Community-based sentences

Imprisonment

APPEALS

COMPLAINTS AGAINST JUDGES

COMPLAINTS AGAINST LAWYERS

USEFUL CONTACT INFORMATION

RECOMMENDED READING

INTRODUCTION

The focus of this chapter is your civil rights as a defendant appearing before the District Court on a criminal matter. This is a complex area of law where the assistance of a competent court lawyer is usually essential. There are, however, services available (eg, court staff and helpful pamphlets) that may be of assistance to individuals wishing to represent themselves.

RECOGNITION OF THE RIGHTS OF PEOPLE APPEARING

IN COURT IN HUMAN RIGHTS LAW

The Universal Declaration of Human Rights 1948

All are equal before the law and are entitled without any discrimination to equal protection of the law ... (Article 7)

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of [their] rights and obligations and of any charge against [them]. (Article 10)

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law at a public trial at which [they have] had all the guarantees necessary for [their] defence. (Article 11(1))

The International Covenant on Civil and Political Rights 1966

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against [them] ... everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order ... or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case ... shall be made public except where the interest of juvenile persons otherwise requires ...
2. Everyone charged with a criminal offence shall have the right to be presumed in nocent until proved guilty according to law.
3. In the determination of any criminal charge against [them], everyone shall be entitled to the following minimum guarantees, in full equality—

(a) To be informed promptly and in detail in a language which [they understand] of the nature and cause of the charge against [them];

(b) To have adequate time and facilities for the preparation of [their] defence and to communicate with counsel of [their] own choosing;

(c) To be tried without undue delay;

(d) To be tried in [their] presence, and to defend [themself] in person or through legal assistance of [their] own choosing; to be informed, if [they do] not have legal assistance, of this right; and to have legal assistance assigned to [them], in any case where the interests of justice so require, and without payment by [them] in any such case if [they do] not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against [them] and to obtain the attendance and examination of witnesses on [their] behalf under the same conditions as witnesses against [them]

(f) To have the free assistance of an interpreter if [they] cannot understand or speak the language used in court;

(g) Not to be compelled to testify against [themself] or to confess guilt.

1. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
2. Everyone convicted of a crime shall have the right to [their] conviction and sentence being reviewed by a higher tribunal according to law.
3. When a person has by a final decision been convicted of a criminal offence and when subsequently [their] conviction has been reversed or [they have] been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to [them]. (Article 14)

To what extent does New Zealand law reflect the obligations contained in Article 14?

It is reflected, to a lesser or greater extent, in various fundamental principles underpinning the New Zealand criminal justice system. These principles include:

• equality before the law
• proceedings involving criminal charges are heard in public, other than in exceptional circumstances (ie, the hearing is open to interested members of the public)
• the implicit freedom and independence of the judiciary (ie, reflected in the security of tenure given to judges)
• an accused person is presumed to be innocent (ie, proof beyond reasonable doubt of the person's guilt is required before they can be convicted, other than in exceptional circumstances)
• at a preliminary hearing of charges laid indictably, the accused may cross-examine witnesses for the prosecution and may call their witnesses, while not being bound to do so
• at trial, an accused person cannot be compelled to give evidence but is competent to do so as part of the defence case (Evidence Act 2006, s 73(1))
• if at trial an accused person elects to testify they may be asked and required to answer any relevant question in cross-examination notwithstanding its incriminating nature in relation to the offence or offences in question (Evidence Act 2006, s 60(4)(b))
• if at trial the accused refrains from giving evidence as a witness, no other person apart from the accused's counsel or the trial judge may comment on that fact (Evidence Act 2006, s 33)
• appeals may be made to the High Court from criminal proceedings in the District Court against conviction or sentence, or both
• the principle that no person may be tried or punished again, at criminal law, for an offence for which they have been finally convicted or acquitted (Crimes Act 1961, ss 357-60) has been limited where there is an allegation that an acquittal was 'tainted' (Crimes Act 1961, 378A)
• the right to use sign language in legal proceedings (New Zealand Sign Language Act 2006, s 7)
• the right to self-representation must be respected (R v McFarland [2007] NZCA 449)
• the entitlement to a court-appointed interpreter (R v Willeman (Tetraplegic: Interpreter) [2008] NZAR 644 (HC))
• the right of any party or witness to speak Māori in legal proceedings (Māori Language Act 1987, s4)
• recognition and protection of the rights of defendants in the New Zealand Bill of Rights Act 1990

Article 14(2)—the right of defendants in criminal cases to the lawyer of their choice—has now been implemented with legal aid applicants now having the ability to choose their own lawyer. Some limit remains on replacing your lawyer as reasons have to be given. This limitation seems to stem from the fiscal consequences of changing lawyers.

The New Zealand Bill of Rights Act 1990

Rights of persons charged (s24)

Everyone charged with an offence:

(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 ...

(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 the free assistance of an interpreter if the person cannot understand or speak the language used in court.

Minimum standards of criminal procedure (s 25)

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.

APPEARING IN COURT

Appearing in court can be an intimidating and confusing experience. The following commentary is designed to be a preliminary guide to give you some idea of what to expect. There will be aspects unique to your case that you will need to discuss with knowledgeable people. You must not be afraid to ask for help from people and organisations who are willing and able to assist you. You can seek help from:

• Citizens advice bureaux—trained volunteers work at citizens advice bureaux. They can give general information and help with filling in necessary forms but they cannot represent you at court. Many have a free legal service whereby local lawyers attend the bureaux and give advice.
• Community law centres—lawyers and community workers work at law centres. They can offer free legal advice, help you with forms and discuss your options with you. Some law centre lawyers can represent you at court.
• Local courts—the court staff, including the registrar, at your local court can help you by giving you relevant forms, helping you to fill them out, showing you where to go and advising you who to discuss your case with.
• Lawyers—if you do not know one, ask family, whanau or friends if they can recommend one to you. Otherwise, there will be a duty solicitor at court to help you. You may be eligible for legal aid under the Legal Services Act 2000.

New Zealand has laws that state what your rights as a suspect or defendant are, and that aim to protect your rights. As stated above, the New Zealand Bill of Rights Act 1990 has sections that guarantee the rights of people who are:

• arrested or detained
• charged with an offence or offences
• tried for a criminal offence (see Chapter 1, You and the Police)

If you have any doubts as to your rights, seek help immediately.

When do you have to appear in the District Court?

• if you have been arrested or held in custody
• if there is a warrant out for your arrest (a warrant is a written order from a judge, registrar or Justice of the Peace that authorises the police to arrest you). The offence with which you are charged will be stated on the warrant. Warrants are issued if the police are unable to find you, to summons you or if you have failed to appear in court when required.
• if you have been summonsed to court (been given a notice telling you to be at court on a certain day) either as a defendant (the person charged with the crime) or a witness
• if you have been given bail by the police to appear in court
• if you have already appeared in court and have been remanded (the court has put off your case to another date) and told to appear in court again

What if you do not go to court when you are supposed to?

The matter will not go away. The police can arrest you, hold you in police cells and take you to court.

What if you have heard there is a warrant out for your arrest?

Phone the registrar at the court from where the warrant was issued. If you do not know which court the warrant was issued from, phone the registrar at any court and they will tell you what to do. Telephone listings for courts may vary. Generally, District Court listings can be found under 'Courts, Department for’, either in the main listing or in the blue pages at the front of the phone book.

How do you find out what the nature of the case against you is?

The prosecutor is required to give you 'a summary' that will 'fairly inform' you 'of the facts on which it is alleged' that you committed an offence (Criminal Disclosure Act 2008, s 12(1)). This must be done within 21 days of the commencement of criminal proceedings against you (ie, when you were charged with-an offence or issued with a summons). It is referred to as initial disclosure.

You are entitled to apply for further information before you enter a plea, including:

• the names of any witnesses the prosecutor intends to call at your hearing
• a copy of all interviews (ie, including video interviews) with you
• a copy of all interviews of prosecution witnesses by a law enforcement officer
• a copy of any job sheets, notes of evidence, diagrams or photographs of a law enforcement officer that contain relevant information
• a copy of any testing-device records that contain relevant information (s 12(2))

After you have pleaded not guilty to an offence that is to be dealt with summarily by a District Court judge, you are entitled to what is known as full disclosure (s 13). This includes a list of any relevant information that the prosecutor has refused to disclose to you at the initial disclosure stage, together with the reason for refusing disclosure (and the grounds in support of that reason, if you request). The additional information required to be disclosed to you at this stage includes:

• any convictions of a prosecution witness known to the prosecutor that may affect the credibility of that witness
• a list of exhibits that the prosecutor proposes to introduce as evidence in your proceedings
• a list of all relevant exhibits in the possession of the prosecutor that the prosecutor does not propose to introduce in evidence in those proceedings (s 13(3))

How can you get help before you appear in court?

If you are being held at the police station:

• ring your own lawyer or ask a family member or friend to recommend one
• ask the police for a list of lawyers who are available to give free legal advice, either on the phone or in person

The police also hold a list of other people in the community who can help you, such as ministers of religion.

If you are not in police custody (being held by the police) speak to your lawyer or get one recommended to you. Otherwise, there are people who can give you free advice at your local community law centre or citizens advice bureau.

You can ring the court and give them the case reference number (CRN) on your summons to make sure of the time you should be there. If you are in police custody, they should make sure you appear in court on time. They should also make sure you see your lawyer before your first appearance. If you are not in police custody, arrange a time and place to meet your lawyer before your appearance. If you do not have a lawyer there will be people at court to help you (see below at para [ ]).

Do you need to take anything to court?

If you have been charged with an offence and you have decided to plead guilty, it is a good idea to take references to give to the judge at the time of sentencing (see Sentencing at para [ ]). Letters or references could be from a Justice of the Peace, minister, community leader, family or other friends and supporters. A good reference can help lower your sentence. You can also take medical certificates or reports to assist the judge with sentencing or name suppression (where the court bans the publicising of your name).

What do you do when you first go to court?

Do not be late. Your summons notice will tell you exactly when you need to be at court. Be sure to arrive at least 15 minutes early. When you have found your courtroom, sit either at the back or on the benches outside. Where there is more than one courtroom, make sure you have the correct one. In the larger cities, from around 9 a.m., court registrars will start dealing with first calls (the first time that case is called in court) and remands without plea. The registrar will direct those who plead guilty to a judge and allocate times and dates for hearings. The District Court judge usually starts hearing cases at 10 a.m.

Insert disclosure diagram

Who can help you at court?

If you have any doubts about what to do or where you have to be, there are people at court who can help you:

• Friends at Court—these are volunteers who help out at court. They wear badges with 'Friends at Court' written on them. They can tell you which courtroom to go to, where to wait and other things like where the telephones and toilets are. They can also show you where to wait for the duty solicitor (see below) and can help you fill out an application for legal aid (see below at para [ ]).
• Court attendants—these people usually wear grey and red uniforms. They can help you by telling you where to wait and where to stand in court when your name is called.
• The registrar—this person is a member of the court staff who deals with the general administration of the court. The registrar keeps records of hearing dates and sentences, and assists the judge by calling out the names of the people who are to appear in court. The registrar also decides whether to grant or refuse applications for legal aid. Your first appearance at court will be before a registrar who may decide on your bail conditions and will set down a time for you to appear before a judge. It is common for the registrar to grant a two-week adjournment for you to take legal advice before you make a plea.

If you do not have a lawyer is there a lawyer at court available to assist you?

If you do not already have a lawyer by the time you go to court, you should see the duty solicitor. The duty solicitor is there to help people who are appearing in court for the first time on a particular charge. Their service to you is free.

If you have not spoken to them beforehand, find the duty solicitor as soon as you arrive at court. They will generally be there by 8.30 a.m. Getting to court early will give you more time to find and speak with the duty solicitor.

How can the duty solicitor help you?

The duty solicitor can:

• tell you what you have been charged with
• tell you what the police say you did
• listen to your story about what happened
• talk to you about whether to plead guilty or not guilty
• advise you of your rights
• enter a plea on your behalf
• put your point of view to the judge about the alleged events
• tell the judge about your personal circumstances
• apply for bail for you if necessary
• ask for the case to be remanded or adjourned (put off until a later date) so that you can seek further legal advice
• help you to apply for legal aid
• suggest a lawyer to investigate your case and represent you

What happens in the court?

There are four broad steps to the summary court procedure in most cases. (If charges are laid indictably you will certainly need a lawyer.) The first step is the entry of a plea, followed by a 'status hearing; the actual hearing and finally, if found guilty, sentencing (ie, if this does not take place at the same time as the hearing).

The first step in regard to a plea takes place before a registrar. A remand without plea may be sought to give you time to get legal advice. Two weeks are given at a time. If a guilty plea is to be given this must be done before a judge.

When your name is called before a judge, you will have to stand in the dock, unless you are not charged with an imprisonable offence. The court attendants will show you where to stand.

If you do not have a lawyer, the charges against you will be read out and you will be asked whether you plead guilty or not guilty. If you have a lawyer, they will normally tell the court what you plead. If you have more than one charge against you, you can plead guilty or not guilty to each of them separately. If you are not ready to plead, the case will be remanded without plea. This delay allows you time to gather more information, get advice and decide how you want to proceed.

In some areas of New Zealand there are special Family Violence Courts that have their own rules (eg, Auckland, Waitakere, Manukau, Porirua and Masterton). The basic rules are essentially the same as for other courts but some may be different in certain respects (eg, rules as to bail; when you can say 'guilty' or 'not guilty' to the charge). A Family Violence Court judge might put your case off after you have pleaded guilty to allow you time to do a course such as one on anger management or on drug and alcohol abuse prevention. These courts have special rules or protocols that you can find at the

court. They also have specialist people in them including victim support personnel. Duty lawyers will know any special rules.

What happens if you want to speak Māori in court?

You are entitled to speak Māori in court (Māori Language Act 1987, ss 3, 4). However, this does not mean that you will be directly questioned or addressed in Māori. The court will provide an interpreter.

What if you want to speak in another language?

Interpreters may be provided for languages other than Māori. The New Zealand Bill of Rights Act 1990 (s 24(g)) states that everyone who is charged with an offence 'shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.’ Discuss this with the registrar or the duty solicitor as soon as possible to arrange an interpreter. If necessary, you have the right to use sign language (New Zealand Sign Language Act 2006, s 7).

What if you do not want your case publicised?

A court can order the suppression of your name, address or occupation, or those of any other person connected with the proceedings (Criminal Justice Act 1985, s 140(1)). The judge will take various factors into account when considering whether or not to order name suppression. If an order is made, it means no one can publicise details of your case. Such an order will generally be for a specific time period (ie, interim) often running only until the completion of the case (R v B (CA459/06) [2008] NZCA 130; [2009] 1 NZLR 293 (CA)).

Permanent name suppression happens rarely. Most often it is done to protect victims of an offence. Given the importance the courts attach to the open judicial proceedings and the right of the news media to report such proceedings fairly and accurately as 'surrogates for the public,’ it is only in exceptional cases that permanent name suppression will be granted to protect defendants (R v Liddell [1994] NZCA 417; [1995] 1 NZLR 538 (CA)).

The court must take into account any views of the victim of your offence or, if they are young or incapacitated, the views of their parents or guardians (s 140(4A)). The prosecutor must make all reasonable efforts to ascertain the views of the victim when an application for name suppression is made and inform the court of these views (Victims' Rights Act 2002, s 28(2)).

Under the Land Transport Act 1998 (s 66) name suppression is not possible for driving offences involving alcohol or drugs.

MAKING A PLEA

How do you decide what to plead?

You should talk to your lawyer or the duty solicitor before you decide what you will plead. The final decision about what you plead is yours but it is important to have as much information about your case as possible. That way you can make the most sensible decision. You or your lawyer can request from the police a copy of the summary of facts of your case. It is a brief summary of what the police say happened, along with any explanation you may have given to the police. Do not plead guilty unless you have read the summary of facts. If you disagree with any part of it, you can give your version of what happened to the court.

You can request an adjournment or remand to give you time to see the police file. Under the Privacy Act 1993, you have a qualified legal right of access to personal information relating to you that is held by the police (see Chapter 14, Privacy).

Remember, it is important for you to have all the information about your case before you plead.

In what circumstances might you be eligible to be diverted away from the criminal justice system?

You may be eligible for diversion. Under this scheme, some people are 'diverted' away from the criminal justice system. Technically you accept the charge but if you are granted diversion it means you will not have a criminal conviction entered against your name, although a record of being granted diversion exists.

Diversion may be available when:

• it is your first offence or, exceptionally, it is another non-related offence
• you admit committing the offence
• the complainant (eg, the victim of the offence you committed) agrees, and
• the offence is not considered to be serious

If you are accepted into the diversion scheme, you still have to complete a punishment that is agreed upon by you, the police and often the complainant. Such punishment may be community work, apologising to the victim, repaying a debt to the victim or a donation to charity. You can usually only get diversion once.

Your lawyer or the duty solicitor can give you more information and advice if you think you want to seek diversion. If you wish to seek diversion it is best to arrange an interview with the police diversion officer immediately. If accepted for diversion, the registrar will extend bail for a time so that you can comply with the conditions imposed by the diversion officer. If you complete diversion, including showing the police that you have complied, you do not go back to court. If you do not comply with the conditions then you are obliged to return to the court on the date set by the registrar.

What happens if you plead guilty?

If you plead guilty, you admit committing the offence with which you are charged. The court will then decide what punishment you will be given. This process is called sentencing (see para [ ]).

Depending on how serious the charge or charges against you are, the court may sentence you immediately, order a stand down report or pre-sentence report for sentencing later that day, or order a full pre-sentence report before sentencing you on a later day. These reports are prepared by probation officers and you are required to attend appointments with them to assist with the writing of the report. This is a good time to use any letters or references you may have brought to court.

What if you refuse to plead?

The court may enter a plea of not guilty on your behalf.

Can you change your plea of guilty?

Your lawyer can help with this. You can apply to the court to change your plea at any time before sentencing. However, it is only in exceptional circumstances that the court will accept a change in plea from guilty to not guilty.

What happens if you plead not guilty?

If you plead not guilty, it does not necessarily mean that you did not commit the offence. It can mean that you want to see if the prosecution can prove that you committed the offence. You or your lawyer should then apply for a copy of the police file so you can prepare for a hearing of the charge.

If the charge against you is punishable by fine only, you will be given a date for a hearing before two Justices of the Peace or a community magistrate.

If the charge against you is one where the maximum penalty is one of imprisonment, a date will be given for a hearing before a judge, or a judge and jury.

If you are pleading not guilty, you should consider applying for legal aid (see para [ ]).

Negotiation of charges

In other countries (eg, the US) this is known as 'plea bargaining; where a guilty plea is entered to gain a lesser charge, the more serious charge being withdrawn. In New Zealand, the practice has been regarded as controversial—at least until recently. However, the reality is that plea bargaining does occur on many occasions. It may well take place during what is known as a status hearing.

Status hearings

If you have not elected trial by jury, your case may be adjourned for a status hearing before your trial. A status hearing is an informal discussion between the judge, the prosecution and the defendant (and/or their lawyer) about the case. After taking part in this hearing you may decide to change your plea or continue with your not guilty plea.

The purpose of a status hearing is said to be to ensure that defendants enter an informed plea to appropriate charges as soon as possible. Most hearings of this nature will take place within six weeks of a defendant entering a not guilty plea. These hearings are usually very short—less than 10 minutes' duration, although the matter can be stood down to allow time for discussion between you and your lawyer.

The police are required to provide the defence with a 'disclosure package; either before or at the status hearing. It contains a copy of the material on the police file. This includes the police summary of facts and record of investigation. It may also include a copy of the video transcript of the police interview with the defendant, a victim impact statement and the defendant's criminal record. At this stage disclosure will not include the police briefs of evidence (ie, what they will say in court).

A status hearing does not determine your guilt or innocence. It is intended to enable the court, the police and the defence to meet and investigate the strengths and weaknesses of the case against you. Your lawyer may seek an indication of possible sentence should you be found guilty. Any indication given by a judge at a status hearing is not binding on the judge who eventually sentences you. However, that judge is likely to take notice of any sentencing indications given at your status hearing. (See Brookbanks, Criminal Justice in NZ, 2007, LexisNexis, 142-44.)

TRIAL PROCEDURE

Will there be a trial?

Yes. If you plead not guilty there will be a trial so that both you and the police can present your evidence. At the end of the trial you will be found either guilty or not guilty. If you are found not guilty the charge against you will be dismissed. If you are found guilty, you will be sentenced on the charge (see Sentencing at para [ ]).

Will there be a jury at the trial?

In regard to juries there are three categories of cases: those that can only be dealt with by a judge; those in which a defendant has an election to either have the case heard by a judge alone or a jury; and those which must be heard by a jury. If it is a summary matter, the trial will be before a judge alone. If it is a summary offence (see below) that can be heard by a judge alone or before a judge and jury, the election will be yours. If it is an indictable offence (see below) it must be heard before a jury, except in exceptional circumstances where you can elect to have the charge heard by a judge alone.

What is a summary offence?

Summary offences are usually minor matters. The Summary Proceedings Act 1957 defines 'minor offences' as those that do not carry liability to imprisonment or to a fine of more than $500. If your offence is considered by the police to be minor, you will receive a minor offence notice containing a short summary of the facts alleged against you. If you agree with the facts and choose to plead guilty, you may do so by letter. That way, you do not have to go to court. You may also write to the court setting out factors that you think should help mitigate (reduce) your punishment for the offence. If you wish to plead not guilty, you must go to court.

Summary offences are heard before a District Court judge or, for more minor matters, a Justice of the Peace. In certain circumstances, community magistrates are currently being phased in to replace Justices of the Peace. You can elect to be heard before a judge and jury, rather than a judge, if your charge has a maximum penalty of more than three months' imprisonment.

What is an indictable offence?

An offence that is to be heard before a judge and jury. In order for an offence to be heard in this way:

• the police can elect to proceed by indictment
• the police have no choice but to proceed by indictment
• you have elected to be heard by a judge and jury

Many factors go into the decision whether you go before a judge and jury. The main factors are to do with the seriousness of the alleged offences and the circumstances of your alleged offending. Your lawyer can explain to you what type of offence you have been charged with. Your lawyer can also advise you, if you have a choice, whether to be heard before a judge and jury or by a judge alone.

LEGAL AID

What is legal aid?

Legal aid is how all or some of your lawyer's fees are paid for you. This service is regulated by the Legal Services Act 2000. A major amendment to this Act was passed in 2006. There are two main types of legal aid—civil legal aid and criminal legal aid.

Examples of legal problems covered by civil legal aid are:

• issues dealt with by the Family Court, like matrimonial property problems, custody, access, adoption and domestic protection orders (non-molestation or non-violence orders)
• problems like debt, which are dealt with by the civil section of the District and High Courts
• problems dealt with by tribunals, like the Tenancy or Waitangi Tribunals
• problems dealt with by other courts and authorities

You may get criminal legal aid when you have been charged with a criminal offence and cannot afford to pay a lawyer.

Who can get criminal legal aid?

Any person charged with or convicted of an offence can apply for legal aid. This includes traffic offences. You do not have to be a New Zealand citizen and you do not have to live in New Zealand permanently to qualify.

What can you get criminal legal aid for?

Legal aid will cover all your legal costs when you have been charged with an offence.

The sorts of things you can get legal aid for include:

• deciding whether to plead guilty or not guilty

• applying for bail

• defending the charge if you plead not guilty

• giving the court your explanation if you plead guilty

• appealing against conviction

• appealing against your sentence

You will only be granted legal aid if you can't afford to pay a lawyer yourself and if it is 'desirable in the interests of justice' that you be granted legal aid.

What does 'desirable in the interests of justice' mean?

It means that it would be fairer to grant you legal aid so that the lawyer who represents you can help the court make the right decision. Things like the seriousness of the offence, the grounds of any appeal or other circumstances like the effect on you of any conviction are looked at in deciding what is fairest.

Does it matter what you are charged with?

Practically speaking, the threshold used by legal services in determining applications for legal aid looks at the seriousness of the offence and ability to afford your own lawyer.

Generally legal aid is only granted if a charge carries a maximum of more than six months’ imprisonment. Legal aid may be given for less serious offences if you have no prior convictions, it being important that you keep a clean record or, conversely, if you have so many convictions that a prison term might be imposed.

In regard to the ability to afford your own lawyer, the threshold is dropping all the time with aid being refused or time payment contributions being required from all except the unemployed.

If you are not sure whether to apply for legal aid, what should you do?

Speak to the duty solicitor. Otherwise, you can get help about legal aid from:

• the registrar or other court staff
• the registrar or other court staff
• a community law centre
• a citizens advice bureau

How do you get criminal legal aid?

You must fill out an application form. You can get this form from the public counter at any court. Community law centres and citizens advice bureaux also have the form.

What do you need to know to fill out the form?

You need to know:

• your date of birth and phone number at work and at home
• the offence you are charged with
• your income for the last 12 months or how much money you receive each week (such as wages, ACC or Income Support benefits)
• any savings you have
• how much money you have in the bank
• the value of things you own—house, car, furniture, etc
• what bills you owe
• what it costs you per week to live, for example, rent, food, electricity/gas, telephone, hire purchase, petrol, other bills, etc
• how many dependent children you have
• your correct address—make sure you write down the address where you can be contacted

If you do not provide this information you will not be granted legal aid. If you have a partner you must also provide their financial information.

If you are under 20 years of age and are being supported by your parents, you will need to provide all the same information about them.

Can anyone help you fill out the form?

Yes, the duty solicitor, a legal services worker or a court attendant can help you. Don't be afraid to ask—they help people to fill out these forms all the time. Your community law centre and citizens advice bureau can also assist you with the form.

When should you apply for criminal legal aid?

Apply as early as possible—don't wait until your day in court. You can apply as soon as you receive a summons to go to court.

Where do you go to apply for criminal legal aid?

Go to the legal aid office or the public counter at your nearest court. Any of the court staff can help. You can also see the duty solicitor at court.

What if you are in police custody or in the cells?

Ask to speak to one of the Public Defender Legal Assistance (PDLA) lawyers. These lawyers are available to see anyone in police custody, any time of the day or night, although usually they assist over the phone. The PDLA lawyer will give you advice and help you apply for criminal legal aid.

Will it cost you anything to get legal aid?

The Legal Services Agency (LSA) may decide that you have to pay some money towards the cost of your legal aid. This is known as a repayment. How much you will have to repay will depend on how much you earn. Payment will not necessarily be immediate.

The LSA will tell you the maximum amount you have to repay when it grants you legal aid. If you do not agree to repay then you can refuse to engage a legal aid lawyer.

Who decides whether you get criminal legal aid?

The LSA. If you are unhappy with their decision you can apply to have it reviewed by the Legal Aid Review Panel (LARP).

How will you know if you have been granted legal aid?

You will receive a letter telling you whether or not you have been granted legal aid. If you have been granted legal aid, you will be told if you have to make repayments and, if so, how much. You will also be told the name and phone number of your lawyer.

If you are concerned that you have not heard whether you have been granted legal aid, contact the LSA and give them your details. Otherwise, talk to a duty solicitor, a community law centre or a citizens advice bureau.

Will your lawyer contact you?

It is up to you to contact your lawyer but some will contact you first. You should try to make an appointment to discuss your case with them well before the court date.

If you get criminal legal aid can you choose your own lawyer?

Yes, if the lawyer you choose (your 'preferred lawyer') has a contract with the LSA to do criminal law legal aid work and is available and willing to represent you. You can check whether your preferred lawyer is a registered legal aid provider.

The LSA will decide who your lawyer will be if you don't have a preferred lawyer or

if your preferred lawyer is considered not suitable for your case.

Can you change to another legal aid lawyer?

This is not liked as it generates more costs. If you are particularly unhappy with your lawyer, talk to them about it. If you are still unhappy, you can raise this with the LSA and inform them of your concerns. If your lawyer has no issue with a transfer then it usually will be granted. If you can show that you have real concerns about the way your lawyer is handling your case LSA should transfer the file to another lawyer.

What can you do if you are refused legal aid or you are asked to pay a repayment you cannot afford?

You can apply to the LSA to reconsider your application. If you are unhappy with its reconsideration you can apply for a review by the LARP. You need to fill out another form for this.

What happens if your circumstances change?

You can apply again for legal aid if:

• you lose your job
• the police charge you with a more serious offence
• your weekly income drops

but you will need to fill out a new form.

ADJOURNMENTS, REMANDS AND BAIL

What do 'adjournment' and 'remand' mean?

They both mean putting off or delaying the hearing of a case. This will usually happen when you have not received legal advice or if you or your lawyer have not had time to prepare adequately for the hearing.

What does it mean if your case is 'stood down'?

The judge has yet to finish with your case and will come back to it later that day. This will usually be because the judge needs more information from the police, defence (you and/or your lawyer) or community corrections, before they can make a decision in your case. Do not leave the court. Talk to the judge, the registrar or your lawyer if you are uncertain about what to do.

What happens if you are 'remanded at large'?

You may leave the court but you must return at the date you are told. Make sure you know that date before you leave the court.

What happens if you are 'remanded in custody'?

You will be taken to the cells or prison by the police and kept there until your next court date. Waiting times for court dates vary. Under s 25(b) of the New Zealand Bill of Rights Act 1990, you have the right to be tried without undue delay. Discuss this with your lawyer if you believe you have to wait too long in prison for your hearing or if you have any other concerns.

What happens if you are remanded on bail?

This means you will be released from custody until you next have to appear in court. Whether you are remanded on bail depends on:

• the seriousness of the charges
• your previous convictions
• the likelihood of you—

(a) turning up at court

(b) interfering with witnesses

(c) re-offending

If you have been given police bail on a minor charge the registrar will most probably extend your bail until you go before a judge. If you are not happy with the bail conditions sought by the police, the registrar will put the issue before a judge to decide.

If the police oppose bail a judge will decide whether you are remanded on bail or are kept in custody.

You should ask to see the police 'opposition to bail' form to get the police view on the matter. Judges will take this into account when they make their decisions on the granting of bail. One of the most important issues for the judge is whether or not there is an approved bail address. Often, police are not willing to check addresses on the day (especially later in the day) and you could be held in custody overnight. If you are held in custody or likely to be, provide a suitable address to the prosecutor as soon as possible so it can be checked by the time of your appearance before the judge.

If you have been released from the court, make sure you know when you have to go back. If you have any doubts, talk to your lawyer or the criminal registrar.

The Bail Act 2000 states the current law in regard to bail. It should be noted that it imposes a more restrictive regime for the granting of bail to persons charged with more serious offences.

What is bail?

Bail is release from court or police custody on the condition that you will appear in court when next required to do so. This means you don't have to wait in prison until your next court appearance.

The right to release prior to a hearing is explicitly recognised in the New Zealand Bill of Rights Act. It provides that everyone charged with an offence 'shall be released on reasonable terms and conditions unless there is good cause for continued detention' (s 24(b)).

While any defendant has the right to apply for bail this does not mean that it will be granted automatically. Under s 7 of the Bail Act 2000, bail is available automatically to defendants charged with offences not punishable with imprisonment. If you have not previously been convicted of an offence punishable by imprisonment, bail is also available by right where the maximum period of imprisonment is less than three years (except where the offence was an assault on a child, a male assaulting a female or breach of a protection order).

All other defendants must rely on the presumption in favour of bail contained in s 24(b) of the New Zealand Bill of Rights Act 1990. This provides that a defendant must be released on bail unless the court is satisfied that there is 'just cause' for the detention.

The Bail Act was amended to reduce the availability of bail. The Bail Amendment Act 2008 (passed following the election of the National government in November 2008) removes the requirement (contained in s 8 of the Bail Act 2000, as amended in 2007) that there must be a real and significant risk that the defendant may:

• abscond
• interfere with witnesses or evidence
• offend while on bail

before a defendant can be remanded in custody (s 4).

Bail with electronic monitoring (EM bail) may enable a defendant who is remanded in custody to be released on bail on the condition that they wear an electronic monitoring device at all times.

Who can apply for bail?

You can apply for bail if you have been:

• charged with an offence
• convicted but not yet sentenced
• convicted and sentenced, but you are appealing against the conviction or sentence (see Appeals at para [ ])

How do you apply for bail?

Tell your lawyer or duty solicitor that you want to apply for bail. They can tell you whether or not you are likely to be granted bail. In most cases you apply for bail in the District Court but, in some special cases (eg, drug-dealing) it may be necessary to apply to the High Court. Your lawyer or duty solicitor can assist you with this.

Who decides whether you get bail?

It is up to the judge to decide whether or not you can be released on bail.

What happens if you get bail?

You cannot just leave right away. You will be taken to the bail room or court office while court staff prepare a Notice of Bail. You should be held no longer than two hours in the bail room and may ask to wait at the court office if you have a good reason to. The Notice of Bail is important. It has your bail conditions on it. A court officer will explain the notice to you and give it to you to sign. If you are in prison, prison staff will give you the notice. Once you have signed it, you are free to go.

What conditions might be imposed on your bail?

Conditions are rules you have to obey to remain out of prison or police cells. There will

always be a condition that you have to turn up on time for your next court date. There

can be other conditions, such as:

• reporting to a particular police station at set times
• curfew—a time may be set after which you should not be away from home
• not seeing or contacting certain people while you are on bail
• living at a set address
• staying away from certain places
• giving up your passport

(See Brookbanks, 6.4.4.)

If you do not understand any of the conditions on your Notice of Bail ask court staff, your lawyer or the duty solicitor. Breach of bail conditions is serious, so make sure you understand what you must and must not do. You or your lawyer can challenge conditions of bail sought by the police and argue against some or all of them before the judge.

When do you get convicted?

After you have pleaded guilty or if folio ng your trial you have been found guilty, you will be convicted.

PLEAS IN MITIGATION

If you pleaded guilty, the duty solicitor or, if you have been found guilty, your own lawyer can speak on your behalf, to let the judge know any mitigating factors to do with the offence and your personal circumstances. If you do not have a lawyer and are not on legal aid, the judge will give you an opportunity to raise these matters yourself.

Your local community law centre can also advise you as to possible mitigating factors you can raise.

SENTENCING

What is sentencing?

Sentencing is when you have pleaded guilty or have been found guilty and the court decides on your punishment. All offences have a maximum penalty but this is only a guide. The court will look at the facts in each case before sentencing. Maximum sentences are usually given in only the very worst of cases.

In most circumstances a court cannot sentence you to imprisonment if you were not legally represented at the stage of the proceedings at which you were at risk of conviction. However, if you:

• had been informed of your rights to have a lawyer represent you (including your right to apply for legal aid)
• fully understood those rights
• had the opportunity to exercise them, and
• refused or failed to exercise them or engaged a lawyer to represent you but subsequently sacked them

the judge can sentence you to a period of imprisonment (Sentencing Act 2002, s 30).

How does the court decide a sentence?

It will look at aggravating and mitigating factors, such as:

• the circumstances of the offence
• your personal circumstances
• the appropriate sentence or penalty with regard to the law and court decisions in other cases

If you pleaded guilty and therefore saved the court's time, this will be taken into account, the penalty generally being a third less than you would have received after being found guilty at a hearing.

The Sentencing Act 2002 contains a number of significant changes to the previous law contained in the Criminal Justice Act 1985. For example, the 2002 Act contains a lengthy set of 'principles of sentencing' that must be applied in every sentencing decision (s 8). In deciding a sentence, a court must:

• take into account the gravity of the offending in the particular case
• take into account the seriousness of the type of offence, as indicated by the penalties prescribed
• impose the maximum prescribed penalty if the particular offending is within the most serious of cases for that particular offence, unless the offender's circumstances make that inappropriate
• take into account the general desirability of consistency in sentencing levels
• take into account any information provided by the victim concerning the effect of the offending
• sentence the offender to the least restrictive term appropriate
• take into account any particular circumstances of the offender that would make an otherwise appropriate sentence inappropriate
• ensure that a sentence with a rehabilitative purpose takes into account the offender's personal, family, whanau, community and cultural background, and
• take into account any outcomes of any restorative justice processes (s 8)

What happens in sentencing?

If you are charged with a minor offence and you plead guilty, the court can sentence you on that same day. This may be straight away or a stand down report may be requested from a probation officer to assist with sentencing later in the day. Usually this is in writing but it can be done orally. The judge will consider the report before sentencing you. The report contains information about your background, personal circumstances and factors relating to your offending. The report will make a recommendation to the court about your sentence.

Pre-sentence reports

If sentencing cannot be done on the day or the judge wants a more detailed report, the court will delay sentencing until a full pre-sentencing report has been prepared (Sentencing Act 2002, s 26). Probation officers write a report about you and your personal circumstances. These reports are more detailed than stand down reports. A pre-sentence report is not usually prepared when the offence is minor.

Although not bound by it, the court generally relies on the information contained in the report when deciding your sentence. You should cooperate with the probation officer as much as possible while they are preparing your report. If you don't cooperate, that will be reported to the court.

What are the possible sentences?

There are many sentences available to the court. Legislation containing particular offences (eg, the Summary Offences Act 1981) will usually state what the available sentences are. Most sentences available to New Zealand courts and the principles governing sentencing are contained in the Sentencing Act 2002. As with any questions or concerns you may have at any time, if you want to know exactly what type of sentence you may face, talk to a lawyer.

Sentences available under the Sentencing Act 2002

Within the Act is a hierarchy of sentences and orders, 'from the least restrictive to the most restrictive' (s 10A). The hierarchy is as follows:

• convict and discharge
• order to come up for sentence if called on
• sentences of a fine and reparation
• community-based sentences of community work and/or supervision
• community-based sentences of intensive supervision and community detention
• sentence of home detention
• sentence of imprisonment (s 10A)

Before entering a conviction and imposing a sentence, the court must consider whether you could be more appropriately dealt with by way of:

• discharge without conviction
• conviction and discharge
• conviction and order to come up for sentence if called upon (s 11)

Sometimes your lawyer may suggest that your case go back to the police for diversion to be considered, for you and the police to deal with away from the court.

Discharge without conviction

The court has the power to discharge a person without conviction (s 106). A discharge of this nature is effectively an acquittal (ie, you are not convicted). However, the court may order that you:

• pay costs
• return property to the complainant
• pay compensation
• make any order that it is required to make on conviction. The power vested in the court by s 106 to order the payment of compensation is for all intents and purposes, a power to impose reparation.

The principles governing when it is appropriate to discharge a defendant without conviction have been stated as follows:

• the discretion to discharge without conviction must be exercised with great care. It may not be exercised where the court is required to impose a minimum sentence.
• the court must take into account the nature of the offence, the circumstances of the particular offender and the effect of a conviction upon the offender's pocket, career, reputation and any resulting civil disabilities
• if the direct and indirect consequences of a conviction are, in the court's judgment, out of all proportion to the gravity of the offence, a discharge without conviction is the proper course (R v Hughes [2008] NZCA 546; [2009] 3 NZLR 222 (CA))

A court must not discharge an offender without conviction unless it is satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence.

Categories where discharge may apply are:

• where a conviction would have serious adverse consequences upon the offender's employment out of all proportion to the gravity of the offence. However, where an offender has taken advantage of opportunities offered by their job, a discharge without conviction is unlikely to be forthcoming
• where the flow-on effects from a conviction would appear out of proportion to the nature of the offence
• where the court wishes to indicate its disapproval of police conduct
• where no moral blame can attach to the offender

Conviction and discharge

If the sentencing court does not wish to discharge you without conviction, it can convict you then discharge you without further penalty (s 108). The sentence will remain on your criminal record but you will have no further penalty.

Order to come up for sentence if called on

An order of this nature may be made instead of imposing a sentence (s 110). It gives the court power to order you to appear for sentencing at some later time if called on to do so. This allows for your immediate release, subject to a measure of control by the court. As part of an order the court may make order for costs, restitution of property or compensation.

The maximum period for which you can be subject to being called on is one year. If you re-offend with an offence punishable by more than three months' imprisonment, you may be summonsed or arrested on warrant to appear and be dealt with by the court on the original offence. Home detention is also a sentencing option in certain circumstances (ss 97-99).

Reparation

Reparation occurs when an offender is required to pay the victim of their offending an amount determined by the court for the loss, harm and suffering caused by that offending (s 12). A court must impose reparation unless it is satisfied that a sentence of reparation would result in undue hardship or that any other special circumstances would make it inappropriate.

If the court is satisfied that your victim suffered loss or damage to property or emotional loss by means of the offence, reparation may be imposed on its own or in addition to any other sentence for that offence.

Fines

If a court is entitled to impose a fine it must consider a fine as the appropriate sentence (ss 13-14). However, this is subject to any specific reason why it may not be appropriate, together with the financial circumstances of the particular offender. This is the most common penalty in New Zealand because, for the majority of the offences, a fine is the only penalty stipulated.

There are limits to the fines that a Justice of the Peace, community magistrate or the District Court judge can impose.

Disqualification and confiscation

If a court disqualifies you from driving for offences under the Land Transport Act 1998, this may not affect the power of a court to also order disqualification when your motor vehicle is involved in other offences (s 21(b)).

The court has the power to order the confiscation of a motor vehicle owned by you in certain circumstances, generally where you are a repeat driving offender (ss 128-29).

The Misuse of Drugs Act 1975 also provides for forfeiture of any motor vehicle, aircraft, ship, boat or other vessel that is owned by a convicted person and that is used in the commission of the offence (s 32). A number of other Acts contain similar provisions.

Community-based sentences

• Supervision—involves the supervision and monitoring of an offender. A sentence of supervision is seen as a rehabilitative sentence for offenders who are at risk of re-offending (ss 45-54). The court has to be satisfied that a sentence of reparation would reduce the likelihood of further offending through the offender's supervised 'rehabilitation and reintegration' (s 46). A sentence of intensive supervision is also available (s 54B).
• Community work—has to be carried out in a community work centre or at a community agency This is a reparative sentence aimed at compensating the community (s 55). The probation officer will consider the offender's character and history, physical and mental capabilities, and the outcome of any restorative justice processes. Offenders placed with an agency will be assessed and re-assessed regularly according to their suitability, availability, reintegrative needs and work skills.
• Home detention—requires an offender to be at a specific residence in the community, unless they are given approval to be absent from it for some purpose such as work. Offenders sentenced to home detention must comply with all the directions of their probation officer. Special requirements may be attached to a sentence of home detention, for example, an order that the offender not associate with certain persons. Since October 2007, home detention has been a sentence in its own right. It is available to a judge as an option where the judge thinks that a sentence of two years or less is appropriate.
• Community detention—subjects an offender to an electronically monitored curfew. The offender is restricted to a specific address for certain periods, unless absent for a specified purpose (eg, a medical emergency). This sentence may be imposed for up to six months. A curfew period must be for at least two hours. The total curfew period for a week must not exceed 84 hours. A curfew is generally imposed to cover night time. A court may impose a sentence of community detention if satisfied that an electronically monitored curfew is appropriate, taking into account the nature and seriousness of the offence and the offender's circumstances and background.
• Intensive supervision—this may last for up to two years. It is often imposed where an offender has serious addictions and requires intensive rehabilitation or has serious needs that will take time for a probation officer to work with. Ordinary supervision can be for up to 12 months.
• Monitoring of offenders on home detention or intensive supervision—this may be for up to two years. Offenders not performing well can be brought back to court and required to start their sentence again.

Periodic detention and community service were both abolished by the Sentencing Act 2002. They have been replaced by a sentence of 'community work’. The community programme sentence was also abolished but when sentencing an offender to supervision, a court may impose a special condition relating to a community programme in certain circumstances (s 50).

Corrective training was abolished under the Sentencing Act 2002, as were suspended sentences. The Sentencing Act does not permit a judge to impose a sentence of imprisonment and suspend it.

If a court is lawfully entitled to impose a community-based sentence or a fine it may only impose a community-based sentence if it is satisfied that the purpose for which sentence is being imposed cannot be achieved by imposing a fine (s 15).

Imprisonment

Where an offence is punishable by imprisonment, the Act creating the offence will state the maximum sentence the court may impose. The term stated is the absolute maximum. The Sentencing Act 2002 sets out criteria for the courts in determining whether to impose a sentence of imprisonment (s 16).

APPEALS

Can you appeal decisions of the court?

Yes. You can appeal to the High Court or the Court of Appeal, depending on whether you had a jury trial or not. You should ask your lawyer whether you have sufficient grounds on which to appeal the outcome of your case.

You can appeal against:

• conviction
• sentence
• refusal to grant bail
• refusal to grant name suppression or interim name suppression

Appeals can be very complicated and you will need legal advice about whether or not to appeal.

COMPLAINTS AGAINST JUDGES

What if you want to complain about the conduct of a judge?

If for some reason you do not think a judge has acted properly towards you during the course of a hearing, you can make a complaint to the Judicial Conduct Commissioner (Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004). The Commissioner's role is to examine complaints against judges at all levels of the judiciary.

The Commissioner will first notify the judge who is the subject of the complaint and seek a response from them. Unless the complaint is able to be resolved at this stage (ie, by the Commissioner's preliminary investigation), the Commissioner must refer the complaint to the relevant Head of Bench (ie, the chief judge of the court of which the judge who is the subject of the complaint is a member, eg, the Chief District Court judge, if the judge in question is a District Court judge).

Alternatively, if the Commissioner considers that the conduct may warrant consideration of the possible removal of the judge, the Commissioner can recommend to the Attorney-General that a Judicial Conduct Panel be formed. The three-member panel must include at least one current or retired judge and one non-lawyer, and may include a senior lawyer. The panel will usually hold its hearing in public. No hearings have been held, to date.

After receiving the Panel's report, the Attorney-General has the discretion to take steps to initiate the removal of the judge from office.

The Commissioner must acknowledge all complaints promptly. The Commissioner's powers include the power to obtain any court documents that are relevant to the investigation of the complaint. Complaints may be dismissed by the Commissioner on various grounds, for example, if they have no relevance to judicial functions or duties, if they are very minor, if they are about judicial decisions subject to appeal or review or if the person complained of is no longer a judge.

The Act gives the Attorney-General power to take steps independently of the Act if a judge is convicted of a serious criminal offence. Schedule 1 to the Act contains a diagrammatic overview of how the complaints process is intended to operate.

As at 31 July 2008 (ie, three years since the Office of the Judicial Conduct Commissioner was established), the Commissioner had received 241 complaints (Auckland District Law Society, LawNews, No 38, 17 October 2008). Of these, only eight had been referred to a Head of Bench (3.3 per cent). The remainder (96.7 per cent) were dismissed by the Commissioner following a preliminary investigation. This was primarily because the complainant was challenging the correctness of a judge's decision, something which is not within the Commissioner's functions to investigate.

USEFUL CONTACT INFORMATION

The Judicial Conduct Commissioner

Office of the Judicial Conduct Commissioner, PO Box 2661, Wellington 6140

Freephone: 0800 800 323 or phone: 04 472 6158

Email: judicialconduct@jcc.govt.nz

Website: www.icc.govt.nz

New Zealand Law Society Lawyers Complaints Service

PO Box 5041, Lambton Quay, Wellington 6145

Freephone: 0800 261 801 or phone: 04 472 7837

Fax: 04 473 7909

Email: complaints@lawsociety.org.nz

Website: www.lawsociety.org.nz/home/for_the_public/client_carecomplaints

RECOMMENDED READING

Brookbanks, 'The Criminal Justice Process: An Overview, in Tolmie and Brookbanks,

eds, Criminal Justice in New Zealand (2007) LexisNexis (NZ), 125-52.

Hall, Sentencing Law and Practice (2004) LexisNexis, Wellington.

Transforming the Legal Aid System — Final Report and Recommendations (Bazley Re-

port), (November 2009).

International Covenant on Civil and Political Rights: Fifth Periodic Report of the Gov-

ernment of New Zealand (December 2007) paras 152-87.

The New Zealand Law Commission, Report 85, Delivering Justice For All (March

2004).

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, Preliminary Paper 55, Reforming Criminal Pre-Trial Processes (July 2004).

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, Report 89, Criminal Pre-Trial Processes: Justice Through Efficiency (June 2005).

Robertson, ed., Adams on Criminal Law (2005) Brookers, Wellington.

Websites

Legal Services Agency Pokapu Ratonga lure:

www.lsa.govt.nz

The Ministry of Justice Tahu Ole lure:

www.justice.govt.nz/pubs/other/pamphlets/2002/sentence-parole-2002/index.html