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Tuesday, 30 October 2018

Courts Matters Bill

Part 2 Amendments to Criminal Procedure Act 2011
HansardID: 91f581d8-44be-4943-ba55-0a364be95e98
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🗣️ Speech Hon Anne Tolley (New Zealand National Party — Member for East Coast)
Time unknown

That brings us to Part 2, debate on clauses 25 to 42A and schedule 2A.

🗣️ Speech Hon Aupito William Sio (New Zealand Labour Party — Member for Māngere)
Time unknown

Madam Chair, I’ll just spend a few minutes introducing this part. Part 2 of the Courts Matters Bill amends the Criminal Procedure Act, which governs the operations of the criminal courts. These amendments will improve efficiency and timeliness. Most of the amendments are minor and technical in nature, and I will highlight a few of the more significant changes.

The Criminal Procedure Act sets out the procedure for the conduct of criminal proceedings. It divides offences into four categories based on maximum penalty and prescribes different procedures for each category. Category 1 comprises the most minor offences and has the least procedural requirements. Category 4 comprises the most serious offences and has the most rigorous procedural requirements.

Part 2 reclassifies offences with a maximum penalty of a community-based sentence as category 1 offences. These offences are currently category 2 offences. This change will enable defendants to submit their plea in writing instead of having to appear in court. This better reflects the low-level nature of offences with a maximum penalty of a community-based sentence, such as graffiti.

Part 2 broadens the power to issue a warrant to arrest the defendant and to bring them to court. This amendment is limited to offences with a maximum penalty of imprisonment and where serving a summons to appear in court is unnecessary or impractical. These circumstances include where the police are seeking to extradite the defendant from overseas for prosecution in New Zealand, or where the police do not know where the defendant is. Part 2 of the Courts Matters Bill will improve the efficiency and timeliness of criminal courts, and I trust this outline will assist members in the examination of Part 2.

The question was put that the amendments set out on Supplementary Order Paper 134 in the name of Hon Aupito William Sio to Part 2 be agreed to.

Amendments agreed to.

Part 2 as amended agreed to.

Part 3 Amendments to Summary Proceedings Act 1957

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