NZ Bill Of Rights Section 24 Flashcards
Under section 24, what are the rights of a person charged with an offence?
Every one charged with an offence has rights regarding prompt information about the offence, release, consulting a lawyer, preparing a defence, trial, legal assistance and interpreters
(Shall be informed promptly and in detail of the nature of the charge
Shall be released on reasonable terms and conditions unless there is just cause for continued detention
Shall have the right to consult and instruct a lawyer
Shall have the right to adequate time and facilities to prepare a defence
Shall have the right (except in case of an offence under military law) to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment if 2 years or more
Shall have the right to have free assistance of an interpreter if they can’t understand or speak the language used in court)
Does police have to provide defendant with breath samples (eba)?
Crown s under no obligation to provide accused with breath samples (evidence)
What may occur if defence in a eba trial is not provided or given access in advance of trial the maintenance , calibration and certification records when requested?
Person charged with an offence has right to adequate time and facilities to prepare a defence therefore the defence is entitled to be provided with the records. If prosecutor fails to respond with no reasonable plantation, a dismissal for abuse of process may ensue.
What can occur as a result of a failure to supply material information prior to a trial?
It can lead to an application for discharge on the basis of abuse of process
Is there a pre-ordained remedy for an alleged breach of section 24?
No, each remedy needs to be tailored to the situation of the particular breach. A central question being whether a fair trial is still possible despite the non- disclosure. If accused rights to a fair trial can be secured by remedies short of stay or dismissal, then those remedies are generally to be preferred.
What are relevant considerations the court would take into consideration in a case of non disclosure?
a. Whether failure to disclose is due to inadvertence, inefficiency or deliberate conduct.
b. Whether police or prosecution had acted in good faith
c. Whether failure to disclose is relevant in the sense that the non disclosure of the material could damage the prosecution case or advance that of the defence
d. The extent of prejudice to the accused in the conductor his defence as a result of non disclosure
e. Whether the accused can nevertheless receive a fair trial without undue delay
f. Whether remedies short of stay or dismissal could achieve a fair trial
When is a person charged?
Refers to an intermediate step in the prosecutorial process when the prosecuting authority advises an arrested person that he is to be prosecuted and gives him particulars of the charges he will face.
When given the right to an interpreter in court does an accused have the right to have all documents translated at any time?
No, the right to assistance is flexible and will depend on circumstances, overall need to ensure accused receives a fair trial, understands proceedings and is able to instruct lawyer and prepare defence.
What are 5 rights protected by section 24?
- 2 Right to be informed of the charge
- 3 Right to release on reasonable terms and conditions
- 4 Right to consult and instruct a lawyer
- 5 Right to adequate time and facilities to prepare a defence
- 6 Right to jury trial
Do individual jury panels have to be assessed as representative of the community?
No , the requirement is that the pool of candidates for jury selection be representative and a fair cross section of the community
When does the provisions for a judge alone trial not apply under Crimes Act set ion 361D ( judge ordering judge alone trial in some long/complex cases)
The most serious charges, punishable by 14 years + imprisonment
What are the provisions for judge alone trial?
Under 361B crimes Act, accused may apply, under 361D the judge may order judge alone trial in certain cases likely to be long and complex (if the judge is satisfied that in the circumstances appellant’s right to trial by jury is outweighed by likelihood potential jurors will not be able to perform their duties effectively )
under 361E the crown may apply on the basis that there are reasonable grounds to believe juror intimidation has occurred, is occurring or will occur.
