Latest news with #CriminalBarAssociation
NZ Herald
4 days ago
- Business
- NZ Herald
Govt pulls funding for rollout of ‘desperately needed' justice programme before review finishes
The Goverment had been keeping aside funding for court programme Te Ao Mārama pending a review. It has now banked that money as savings. The Government is being accused of acting in bad faith for pulling $32.1 million in funding for the further rollout of a 'transformational' justice programme before a review is completed. It has prompted concern from the Criminal Bar Association over the future of Te Ao Mārama,
The Independent
21-05-2025
- Politics
- The Independent
Court system in crisis as ‘jaw-dropping' delays see first trials listed for 2029
Britain's ailing courts system has scheduled its first trials for 2029 – almost four years away – as the government struggles to tackle the spiralling backlog of cases, The Independent can reveal. The first hearing, scheduled over two days, is set to begin on January 3 that year at Woolwich Crown Court, and will see a 38-year-old mum from South London face a charge of possession with intent to supply cannabis, which she denies. The second, likely to last three days, will see three men stand trial at the same court, on January 15, over the theft of motor vehicles, which they also deny. The cases were described by Stephen Nelson, the barrister representing the woman and one of the men in the theft case, as 'straightforward and not complicated" - and said the delays were 'jaw-dropping'. He warned one client was in poor health and might not live to see his case come to trial in 2029. With around 75,000 crown court cases waiting to be heard, Ministry of Justice officials – who admit 'justice delayed is justice denied' – confirmed that the cases are among the furthest into the future that has been set. The revealtion comes as the government is set to unveil the outcome of its long-awaited sentencing review, led by former justice secretary David Gauke, on Thursday, which is expected to overhaul the justice system with plans for shorter jail terms and increased use of community punishments. Mary Prior KC, chair of the Criminal Bar Association (CBA), said the court delays, combined with the time it takes for people to be charged, mean some offences now take six years to reach trial – an 'extraordinary' situation which is failing victims of crime, defendants, witnesses, and wider society. She said: 'It cannot be right for victims of crime, eyewitnesses and those accused of crimes to have to wait until 2029 for their trial to take place. 'Bearing in mind it generally takes two years for people to be charged with a criminal offence, that means six years from offence to trial. Is anyone really supposed to remember the details of what happened six years ago? The fact that this is happening in England and Wales is extraordinary. People's lives are on hold for six years.' In the case of the woman, who was found with 29 small bags of cannabis and a sum of money, Mr Nelson said she had no previous convictions for drugs, and had digital evidence which showed the cash in her possession had not come from the sale of drugs. Regarding the vehicle theft, Mr Nelson said his client had been instructed to take the cars away to be sold for scrap and did not know they were stolen. 'To have such long delays not in the interests of my clients, whose lives will be on hold for almost four years, of the witnesses and legal teams involved in the cases – or of justice and wider society,' he said. Mr Nelson added that the delays also offer no incentive for defendants to plead guilty, because memories of those involved fade, the arresting officers may retire, and evidence may weaken. 'It is simply bonkers,' he said. CBA analysis of Ministry of Justice data shows the backlog has risen 11 per cent to 74,000 in the year to December, and 126 per cent in the past five years, from around 33,000 in December 2018. Although the government has pointed to how the volume of serious offences - particularly sexual and violent offences - are back to 2016 levels, the number of barristers and solicitors available to prosecute and defend them has fallen by roughly a quarter over that period. In the last quarter of 2024 alone, more than 5,000 trials were pulled from the court list, while 1,900 trials were adjourned on the day they were due to start. Reasons included having no available judge, prosecutor or defence counsel, a failure to deliver a prisoner to court and a recent large increase in the number of cases cancelled on the first day because the prosecution had not prepared its evidence on time. In October, The Independent revealed that among the delayed trials were those involving defendants on bail accused of serious sexual and violent crimes that were not due to start for well over two years. Justice Secretary Shabana Mahmood announced in March that judges would sit for an extra 4,000 days this year to tackle the delays but admitted the backlog would continue to rise. Retired judge Sir Brian Leveson is carrying out a 'once in a generation' review of the courts system and is expected to give recommendations on how to overhaul it in the coming months. Ms Prior said the government needed to do more to prevent the collapse of the courts system. She said: 'Whatever the results of the Leveson Review, [it] will not be any comfort to those who are waiting for their trials for serious offences in the Crown Court because those cases will remain in the backlog, as will all the new rape and serious violence prosecutions. 'How broken does this criminal justice System that we are propping up have to get before there is significant investment in the courts, court staff and in the criminal barristers who prosecute and defend in them? 'Do we have to wait until the 44 per cent of us and the 35 per cent of the judiciary who are trying to leave have walked away? There is no point arresting people and building more prisons if there is no one left to conduct the trials.' A Ministry of Justice spokesperson said: 'We know that justice delayed is justice denied, and it is clear there are many cases taking far too long to go to trial. That's why we've asked Sir Brian Leveson to propose once-in-a-generation reform to address the outstanding backlog in our courts. 'Alongside this, we're also providing funding for a record level of sitting days this financial year, raising national court capacity to deliver swifter justice for victims.'
Scoop
06-05-2025
- Politics
- Scoop
Prisoner Voting Ban Will Harm Rehabilitation And Weaken Our Justice System
Press Release – Criminal Bar Association There is no legitimate purpose for banning prisoners from voting. It does nothing to aid rehabilitation, keep communities safe, or even serve the interests of victims. In fact it does the opposite.' The Criminal Bar Association of New Zealand (CBA) calls on the Government to reconsider the decision to ban those in prison from voting. 'Excluding any group from their right to vote is a serious breach of a fundamental right guaranteed by the New Zealand Bill of Rights Act, weakens our democracy, and undermines the purpose of our justice system,' said Annabel Cresswell, the President of the CBA. 'Considering our proud history fighting for the universal suffrage, many would be shocked to hear that New Zealand will now be among the minority of modern democracies that deprives certain groups, from the basic right to vote. 'There is no legitimate purpose for banning prisoners from voting. It does nothing to aid rehabilitation, keep communities safe, or even serve the interests of victims. In fact it does the opposite. 'We know that rehabilitation and successful reintegration of those in our over crowded prisons depends strengthening their connection to the community outside. So this ban will risk the rehabilitative purpose of our justice system and make communities less safe. 'Prisoners are already carrying out their punishment by being in prison. Denying them basic human rights and further ostracising them from their community is a slippery slope and threatens the integrity of our justice system. 'Our Government now knows, based on ample evidence, presented by every justice sector inquiry, the Courts and Waitangi Tribunal, that our prison system disproportionately targets Māori, other minority and poorer communities and those with mental health needs- so this breach is also a serious discrimination issue.' 'It's disappointing to see the Government prioritise this regressive policy, when there is so much meaningful work to be done in order to strengthen access to justice and rehabilitation in our broken justice system. 'New Zealand should be a place where no matter your circumstances you have a right to cast a vote. Let's make sure that our basic human rights apply to us all, and that our justice system is focused on aiding community safety not empty American style punishment,' Ms Cresswell said.
