Test

Question 1

Purpose of the District Court

Answer 1

Everyone who is charged with an offence appears for the first time in the district court.

Question 2

Purpose of the High Court

Answer 2

Presides over the more serious criminal cases. First point of appeal for cases from the district court.

Question 3

Purpose of the Court of Appeal

Answer 3

Hears appeals arising from decisions of the high court and in some cases, the more serious charges heard in the district court

Question 4

Purpose of the Supreme Court

Answer 4

The final court of law and hears appeals on points of law, but only where there is a public interest or a risk of a miscarriage of justice.

Question 5

Criminal Proceedings

Answer 5

Brought against individuals or organisations by the police/state and are heard in court.

Question 6

Civil Cases

Answer 6

Disputes between individuals, companies and sometimes local or central government.

Question 7

Beyond Reasonable Doubt

Answer 7

In criminal cases, to be convicted it must be proven beyond reasonable doubt that the person accused of the crime has committed the crime.

Question 8

Balance of Probabilities

Answer 8

In civil cases, the plaintiff must prove their case on a balance of probabilities. This means they must prove that their version of events is more likely to be correct.

Question 9

Category 1 Offences

Answer 9

Fines or community based sentences only eg Careless driving.

Question 10

Category 2 Offences

Answer 10

Less than two years jail eg Common assault

Question 11

Category 3 Offences

Answer 11

Two or more years jail eg Aggravated assault

Question 12

Category 4 Offences

Answer 12

Very serious offences. Punishable by life imprisonment for two years or more eg Murder or Manslaughter

Question 13

What if there’s more than one category?

Answer 13

If the defendant is charged with more than one category, the proceeding is conducted under the highest category of offence.

Question 14

Pre-trial call over

Answer 14

If the defendant has chosen a judge and jury trial, after the case review the charge is put off to a “jury trial call over” - a pre-trial appearance before a judge to deal with procedural issues and make sure the case is ready to proceed to trial

Question 15

Contempt

Answer 15

The objective of the law of contempt of court is to protect the integrity of the justice system and a defendants right to a fair trial. Eg. A reporter who does not abide by the sub juice rules may be held in contempt of court.

Question 16

Sub Judice

Answer 16

Type of contempt. This prevents you from publishing anything that prejudices someones right to a fair trial. The sub juice period runs from the time an arrest is imminent until a conviction/acquittal is entered.

Question 17

Under sub juice what can’t you do?

Answer 17

Speculate on someones guilt/innocence, cast dispersions on a persons character, publish information that may confuse a witness

Question 18

Qualified Privilege

Answer 18

Allows reporters to report fairly without the fear of being successfully sued. However reporting must be fair, accurate, and balanced to be covered.

Question 19

Who has automatic supression?

Answer 19

Victim in a case of sexual offence, defendent in incest case, all child victims (unless they are dead), anyone under 18 who is a witness, youth court processings.

Question 20

In what instance would the defendents name (in incest cases) be published?

Answer 20

If the victim understands that they could then be identified and consents to it. In making its decision the court will take into account the victim’s age and whether the victim understands the nature and effect of the decision.

Question 21

Which court hearings have automatic supressions?

Answer 21

In bail hearings you may only publish the name of the defendent, the charges they face, the decision of the court, and any conditions of bail if granted.

Question 22

What is interium name supression?

Answer 22

Expires at either the defendents next appearence or when the judge has indicated it will expire. Must be renewed at every appearence. Lasts up to 28 days.

Question 23

What is permanent name supression?

Answer 23

Remains in force forever. Does not expire even if the person dies.

Question 24

Penalty for breaching supression order?

Answer 24

Fine of up tp $50,000 for a person, or $100,000 for a company.

Question 25

Why do supression orders exist?

Answer 25

A judicial officer or registrar may make an order forbidding the publication of a person’s name, address, occupation or other particulars likely to lead to identification and of evidence or submissions in a criminal case.

Question 26

Why would interium name supression be granted?

Answer 26

If naming the defendent would; cause extreme hardship to the person or a person associated, cause suspicion on another person and therefore undue hardship, cause undue hardship to the victim. Also granted if it would prejudice a trial, endanger the safety of someone or prejudice the maintenance of the law or secruity of New Zealand.

Question 27

Suppression and sentencing indications?

Answer 27

Statements made by the court that indicate what kind of sentence a defendent would be likely to recieve if they were to plea guilty, must not be published.