District Court of New Zealand

Criminal Procedure (Simplification) Project

Testing of summary procedure changes
Tauranga District Court

The pamphlet provides a summary of the changes as they relate to Defence Counsel working at the test Courts.

Key Court Contact: Lynda Lambert

Introduction

The Criminal Procedure (Simplification) Project is designed to review and implement improvements to criminal procedure in the summary and indictable jurisdictions. It is a joint project between the Ministry of Justice and the Law Commission.

The key objectives of the project are to:

reduce court delay via legislative and operational change; and

create an accessible and simplified criminal procedure by developing a new Criminal Procedure Act.

Changes to summary procedure are being tested at the Manukau and Tauranga District Courts from 14 July 2008.

Key changes being tested

The key changes Defence Counsel will notice are:

New Guidelines will be implemented describing best practice for initial disclosure and instructions to counsel. These will apply to all summary informations laid by Police at the test courts.

LSA assignments will be made or confirmed prior to the second appearance, and ideally on the day of application.

There will be a recommended maximum of two List Court hearings, before a case moves to the pre-hearing (case management) stage.

Differentiated management of caseflow through the use of different case tracks.

In some cases (the more serious or complex cases), both parties will be required to complete a Case Management Memo out of court. In these cases, a Status Hearing will only be held if a judicial decision (eg, a sentence indication) is required.

LSA fees will be adjusted to recognise this different process. A flat fee will be paid, for CMM completion and status hearing if required.

Guidelines on Initial Disclosure & Instructions to Counsel

The Guidelines on Initial Disclosure and Instructions to Counsel (the Guidelines) set out what steps should occur, by whom, to whom, in what timeframe, and any record keeping required.

Copies of the Guidelines will be available from the Courts Counter or via the Ministry of Justice website.

Initial (Police) Disclosure

A Disclosure pack for Duty Solicitors will be ready at first appearance.

A Disclosure pack for Assigned Counsel will be ready at first appearance (or prior to second appearance at the latest). Prosecution will be available at the Court on the day of the first and second appearances to hand out the disclosure packs. Counsel will need to sign for

the disclosure packs, and a copy of this will be placed on the court file.

If the Disclosure pack is not collected at the Court appearance, Counsel are expected to collect them at the PPS office.

Instructions to Counsel

The Guidelines envisage that counsel will obtain timely instructions from the defendant.

They address other related matters, in particular charge and plea discussions at the list court stage, and best practice for adjournments (a maximum of two adjournments).

Differentiated Caseflow Management

At the List Court appearance where there is a Not Guilty plea entered, the judicial officer will make a decision about which ‘case track’ to follow.

There are two tracks:

Simple track: Cases proceed straight to fixture. The Defence and Prosecution will be asked at the second List Court appearance to give an indication of the time required for a defended fixture.

Extended track (Case Management Memo): A nominal Status Hearing date is scheduled and a Case Management Memorandum (CMM) is issued to Defence Counsel.

It is the Defence Counsel’s responsibility to arrange a time to discuss and complete the CMM with the Prosecution. The Prosecutor will provide Defence Counsel with an Appointment Scheduling Document (ASD) that outlines times they are available at the Court to meet with Defence to complete the Case Management Memo.

The CMM meeting will occur outside of a court hearing. The CMM will be jointly filled out, and the Prosecutor will be responsible for filing it at the Court three weeks after the date the CMM was issued.

If the CMM indicates that the matter is ready for defended hearing, the Court will vacate the Status Hearing date and arrange for a suitable defended hearing date in consultation with the parties.

If CMM indicates that guilty plea will be entered, the case will proceed in a List Court on the scheduled Status Hearing date.

Case Track Exclusions

Some cases are excluded from the case tracks and Case Management Memo:

Indictably laid charges

Cases referred to a Family Violence Court or Domestic Violence related cases

Cases where trial by jury is elected

Cases where the Defendant is self-represented

Non-police prosecutions

Cases referred under the Criminal Procedure (Mentally Impaired Persons) and the Intellectual Disability (Compulsory Care and Rehabilitation) Acts