Criminal Procedure Act

Transcription

1 INTENSIVE Criminal Procedure Act MAY 2013 PRINCIPAL SPONSOR SPONSORS Crown Solicitor Network

2 FROM THE CHAIRS The Criminal Procedure Act 2011 represents the most comprehensive change in the process of criminal law in more than 50 years. During that time the practice of law has seen the development of electronic typewriters, computers, electronic forms of libraries, word processing and the internet. The legislation controlling the criminal process has failed to keep up with these developments until now. The new Act effects fundamental changes to the process of the criminal law, ranging from unfamiliar changes in terminology, to substantive changes in process, and changes to the rights of people charged to elect trial by jury. For the first time the procedural law of the criminal courts is substantially gathered in a single piece of legislation, with the substantive detail to be contained not in the Act but in the rules and regulations made and to be made under that. This intensive will provide a practical introduction to many of these changes for the assistance of us all. We hope you find it useful and enjoy it. His Hon Judge Bruce Davidson and His Hon Judge Chris Harding Programme REGISTRATION INTRODUCTION TO THE DAY Chair: His Hon Judge Davidson or His Hon Judge Harding SESSION 1: OVERVIEW OF THE MAIN CHANGES AND THEIR RATIONALE Presenters New terminology New categorisation of offences The new case management and case review processes Protocol offences Admissibility hearings The role of the Criminal Procedure Rules His Hon Judge Davidson or His Hon Judge Harding SESSION 2: DETAILS OF THE MAJOR CHANGES Case Management Case Management Memoranda Disclosure

3 Presenters The Case Review process Trial Callover Memoranda Judge-Alone Trials Case management issues Procedure including openings Costs awards and ethics Protocol offences What are protocol offences? When and how will they be identified? Procedure for protocol offence in the District and High Courts Sandy Baigent, Tony Balme and Jonathan Krebs MORNING TEA SESSION 3: DETAILS OF THE MAJOR CHANGES PART 2 Presenters Trial Election When does an election exist? When must it be made and to whom? Changing the election Pre-admissibility hearings for judge-alone trials When are they available? How will this new procedure work? Sentencing Proceedings in the absence of the defendant Mark Lillico and Brent Stanaway SESSION 4: CONDUCTING CATEGORY 1 AND 2 CASES Category 1 What are the Category 1 offences? What case management procedures apply? Who presides? Category 2 offences What are the Category 2 offences? What case management procedures apply? Who presides? Presenter Sandy Baigent LUNCH

4 SESSION 5: CONDUCTING A CATEGORY 3 CASE Presenters What are the Category 3 offences? Judge-alone or jury trial? Case management procedures Case review process What happens if they are protocol offences? Jonathan Krebs and Brent Stanaway SESSION 6: CONDUCTING A CATEGORY 4 CASE Presenter The nature of Category 4 offences Transfer from the District Court to the High Court Early involvement of the Crown One of Justices Brewer, Miller, Venning or Ronald Young AFTERNOON TEA SESSION 7: PUT YOUR FURTHER QUESTIONS TO OUR PANEL All of the presenters will be joined by the local Crown Solicitor and a representative of the Police to answer questions that have not been dealt with in individual sessions or where questions might be crossovers SESSION 8: APPEALS Presenter The different processes for appeals depending on the category. Alignment of grounds for appeal between the High Court, Court of Appeal and Supreme Court. The Solicitor-General s new reference procedure. Mark Lillico SESSION 9: LEGAL AID Presenter Alignment of new and old categories of providers. Provider approvals for the new categories. Assignment and reassignment when the defendant s election changes the category. Alison Hill WRAP UP The Chair

5 CHAIRS HIS HON JUDGE BRUCE DAVIDSON, DISTRICT COURT, WELLINGTON Prior to his appointment to the District Court bench in 2003, Judge Davidson was in private practice as a defence lawyer for 25 years in Wellington. He is convener of the judicial District Courts Jury Trial Committee and was a member of the Rules Committee Criminal Procedure Rules subcommittee. HIS HON JUDGE CHRIS HARDING, DISTRICT COURT, TAURANGA Judge Harding was in private practice in Hamilton for 19 years during which time he was closely involved with district and national Law Society committees. He was also Hamilton Coroner for 8 years. Judge Harding has been acting Chief District Court Judge and a temporary Associate Judge of the High Court. PRESENTERS SANDY BAIGENT, PDS, WELLINGTON Sandy has practised criminal law for 22 years. For the first two decades she was a barrister in Wellington and is now the Public Defender, Southern. Sandy has been a faculty member for the NZLS CLE Litigation Skills programme for 14 years, including twice as Director. She was an NZLS representative on the Rules Committee Criminal Procedure Rules subcommittee and contributes to the Ministry of Justice CPA implementation plan. TONY BALME, BARRISTER, TAURANGA Tony was admitted in 1981 and from 1983 has worked in Tauranga primarily as a criminal lawyer. He has extensive jury trial experience in the District and High Courts. Tony trialled, in Tauranga, case management procedures that have now been incorporated into the Criminal Procedure Act. ALISON HILL, MINISTRY OF JUSTICE, WELLINGTON Alison leads the Provider and Community Services Business Unit of the Legal Aid Unit within the Ministry of Justice. Her unit manages the relationship and contracts with legal aid lawyers, including approvals, audits and complaints. Alison has an extensive background in the justice sector.

6 PRESENTERS JONATHAN KREBS, BARRISTER, NAPIER Jonathan practises in a mixture of criminal and civil litigation, having been admitted for 25 years. He is Convenor of the NZLS Criminal Law Committee and was a member of Rules Committee Criminal Procedure Rules subcommittee. Jonathan has presented at a number of NZLS CLE seminars and was the Director in 2012 of its Litigation Skills programme. MARK LILLICO, CROWN LAW OFFICE, WELLINGTON Mark is Crown Counsel in the criminal law team at Crown Law. Prior to that, for over two years, he was contracted to the Ministry of Justice assisting with the Criminal Procedure (Reform and Modernisation) Bill. Mark undertook that role following 14 years in private practice as a defence lawyer. BRENT STANAWAY, RAYMOND DONNELLY & CO, CHRISTCHURCH Brent was admitted in He has held the warrant as Crown Solicitor for Christchurch and Greymouth since Brent is a member of the SFO prosecution panel and has presented a number of times for NZLS CLE and is a member of the NZ Lawyers and Conveyancers Disciplinary Tribunal. He was seconded to the MOJ to advise on the drafting of the bill which let to the Criminal Procedure Act. SESSION 6 AND SESSION 7 HIGH COURT JUDGES We are delighted that the following High Court Judges will be joining us for Sessions 6 and 7: Hon Justice Miller in Dunedin and Christchurch; Hon Justice Ronald Young in Wellington; Hon Justice Venning in Hamilton and Hon Justice Brewer in Auckland. CROWN SOLICITORS We are delighted that the following Crown Solicitors will be joining us for Session 7: Robin Bates in Dunedin; Brent Stanaway in Christchurch; Grant Burston in Wellington; Ross Douch in Hamilton and Simon Moore SC in Auckland. ACKNOWLEDGEMENT We acknowledge and thank Wilkinson Adams, Raymond Donnelly & Co, Luke Cunningham & Clere, Almao Douch and Meredith Connell whose sponsorship is named as being from the Crown Solicitors Network. Their contribution is much appreciated.

7 SPONSORED BY Crown Solicitor Network REGISTRATION FORM Online registration and payment can be made at WHO SHOULD ATTEND All lawyers who practise criminal law should take the opportunity to attend this intensive. PLEASE REGISTER ME FOR: Criminal Procedure Act Intensive CENTRE DATE VENUE TIME Dunedin 21 May Dunedin Art Gallery 8.30am pm Christchurch 22 May Chateau on the Park 8.30am pm Wellington 23 May NZICA 8.30am pm Hamilton 28 May Novotel Tainui Hotel 8.30am pm Auckland 29 May Crowne Plaza 8.30am pm LAST NAME (PLEASE PRINT) FIRST NAME TITLE NAME FOR NAME TAG FIRM / ORGANISATION PO BOX DX TOWN / CITY POSTCODE PHONE FAX DIETARY REQUIREMENTS MATERIALS A booklet of papers will be given to participants when they register on the morning of the intensive.

8 FEE (INCL GST) Registrations will not be actioned until payment is received. The registration fee includes all materials, morning and afternoon teas and lunch. The Ministry of Justice has now made funding available to lawyers in private practice to attend at a reduced rate. The new rates are: Please note: NZLS members include NZLS Associate members. Earlybird rate By 22 April OR After 22 April Lawyers in private practice NZLS member $235 $285 Non-member $285 $335 Lawyers not in private practice NZLS member $320 $370 Non-member $370 $420 Multiple registrations For those in private practice a further reduction in the fee of up to $100 is available for multiple registrations. Please contact Lucy Franklin on lucy.franklin@lawyerseducation. co.nz to find out how to access this. PAYMENT I attach a cheque made payable to NZLS CLE Ltd Please debit my credit card account Mastercard Visa Amex Total amount due: $ CARD NUMBER EXPIRY DATE NAME ON CARD SIGNATURE OF CARDHOLDER SEND TO:NZLS CLE Ltd, PO Box 5041, Wellington 6145 DX SP20202 or Fax: REGISTRATION INQUIRIES:Freephone CANCELLATION AND REFUND POLICY Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel any session that does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $100 administration fee. After the closing date, there will be no refund. You may transfer your registration to another person until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. TO REGISTER AND PAY ONLINE OR VIEW THE CLE PROGRAMME AND PURCHASE BOOKLETS SEE CVC CODE PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. I do not wish the sponsors to receive my contact details.