The Court of Appeal has expressed interest in revisiting the main principles underlying the Sentencing Act 2002, which requires lawyers to probe whether developed practices such as guideline judgments are proper.
This On Demand session examines the potential arguments that arise under the Sentencing Act to challenge the high rates of imprisonment in New Zealand. Are the sentencing levels correct? What are some of the innovative sentencing arguments you could make?
It also focuses on the Court of Appeal judgment in Zhang v The Queen which focuses on sentencing in methamphetamine cases.
A focus on the issues that are at the forefront of the interface between mental health, criminal and family law.
This On Demand session considers the legal capacity of persons with intellectual, cognitive and mental health disabilities, with a focus on unfitness to plead.
An eminent Australian expert and a prominent New Zealand practitioner outline the Australian perspective in comparison to the situation in New Zealand with a view to starting a dialogue that will aid in finding solutions that may assist us to move forward.
New Zealand leads the world in many areas - unfortunately our rate of domestic and intimate-partner violence is one of them. The new family violence legislation, being introduced in two tranches, seeks to address this appalling situation.
The changes that took effect on 3 December are already having an impact on bail, charges and even parenting orders. And just what is in store from 1 July?
This On Demand session provides information and insights from members of the bar and bench so that you are fully apprised in time.
Presented by two of the co-authors of the 2018 text Mahoney on Evidence: Act & Analysis, this On Demand seminar focuses on the current application of key sections of the Evidence Act 2006 in both the civil and criminal law jurisdictions.
This On Demand session covers recent developments related to rules of evidence that are of interest to civil and criminal law practitioners, such as:
(a) expert opinion evidence; (b) claims of privilege/ confidentiality; (c) previous consistent statements; (d) hearsay/ business records; (e) defendant's statements and improperly obtained evidence; (f) eligibility and compellability of witnesses; (g) relevance/ unfair prejudice/ propensity evidence; (h) modes of presenting evidence; and (i) presenting further evidence after closing a case
People with Fetal Alcohol Spectrum Disorder (FASD) don't make good decisions due to alcohol exposed brain damage before birth, which makes them vulnerable to ending up in the criminal justice system.
FASD is an invisible neurodisability with implications for ascertaining criminal responsibility, participation, false confessions and Family Court resolutions. Research suggests that up to 75% of youths involved in the justice system may have a mental disorder or disability. FASD is a leading but often unrecognised cause.
This On Demand session headed by a Canadian expert in the field of Forensic Psychiatry and FASD explores what lawyers need to know when dealing with a client who may have FASD.
In a recent media release Judge Andrew Becroft said "...those with FASD are significantly and disproportionately reflected in the crime statistics". To read the media release click here
The use of a communication assistant (CA) is a new and fast-growing feature of the New Zealand justice system. While guided by international practices, there is a need to understand the issues and processes for engaging a CA within our own context.
This On Demand session defines relevant terminology; provides guidance for identifying communication vulnerability (and who might need communication assistance); and offers practical suggestions for meeting the needs of a vulnerable witness or defendant.
Te Ao Maori, or the Maori dimension, is an integral element of the practice of law in New Zealand. Its application isn't restricted solely to matters regarding the Treaty of Waitangi or Maori Land Courts, but has a far more wide-ranging application.
As a legal practitioner in New Zealand you will undoubtedly come across situations when you will need to either be aware of the protocol to follow or where knowledge of the application of certain aspects of legislation can greatly assist your clients.
This On Demand session will help you to discover and navigate those pathways.
The Mental Health Review Tribunal (the MHRT) decides whether patients are fit to be released from compulsory status, makes recommendations about the status of special patients and considers the status of restricted patients.
This On Demand session focuses on the essential processes and procedures required but also importantly will examine the relevance of the largely unexplored application of human rights principles.
The seminar panel provides perspectives from a member of the Tribunal, a lawyer who regularly appears before the Tribunal, a human rights specialist, and a forensic psychiatrist who undertook research with forensic patients who had appeared before the MHRT.
Sentencing is a key part of the Criminal law process, but just how well prepared are those acting and what could be done better?
This On Demand session addresses a range of sentencing-related content, including co-operation with authorities, disputed facts hearings, ss 9 and 28 of the Sentencing Act 2002, victim impact statements, mental health aspects, transport and sex cases, as well as ways in which to help persuade a Judge as to the appropriate sentence.
The complexities of sentencing are only added to when mental health issues are at play.
This On Demand session considers some of the issues that may arise including the taking of instructions and how lawyers may best represent their clients both in terms of the Sentencing Act 2002 and the Criminal Procedure (Mentally Impaired Persons) Act 2003.
What could you change tomorrow to present yourself, your case and your profession in a better light?
From how to read the trier of fact to what not to wear, this seminar will cover a raft of dos and don'ts on behavioural matters you've either been too embarrassed to ask about or were not even aware were issues.
With judicial and counsel insights and perspectives, this On Demand session serves as a timely refresher and update for all litigators.
Every course, seminar and text on courtroom advocacy emphasises that preparation is key to a successful outcome: facts must be established early, witnesses carefully prepared, the evidence/key documents filed in a timely way, legal submissions prepared well in advance of trial.
You have done all of these things and eagerly anticipate the first day of the trial. Then, the day before, or on the first day, or even during the trial, everything changes!
Courtroom litigation is a dynamic process and, despite best endeavours, the landscape can transform rapidly from what you thought the case was about to something completely different. The next seminar in this well-received series will address how to manage both the expected and unexpected eventualities that can (and do) arise for litigators regardless of their area of practice.
When Criminal proceedings involve a Family law matter or vice versa, what might seem to be two parallel worlds converge and sometimes collide.
Common scenarios, such as an alleged assault on a family member, can raise numerous issues for those involved, at a time when both tensions and stakes (such as freedom of the person and preservation of family relationships) may be high.
This On Demand session aims to address a perceived need for cross-fertilisation of information between Criminal and Family lawyers.
If, how and when to go about core criminal procedures can be challenging - and these decisions can have serious implications for your client.
This On Demand session covers the ins and outs of four key procedures for those practising Criminal law: bail applications, discharges without conviction, sentencing indications and pleas/written submissions in mitigation - attend for assistance in achieving the best outcomes for your clients.
Representing mentally impaired clients in the criminal context can be complex given the range of legal and clinical options. It becomes even more difficult given the ethical considerations that may arise.
This On Demand session provides insights into what courses of action are available and how best to balance these with ethical concerns.
The ability to draft pleadings well is a core skill of any litigator and increasingly so given that pleadings have recently been re-introduced into the District Court. Commonly, the time needed to prepare pleadings is constrained by the lawyer's other competing priorities and the client's financial limitations.
This On Demand session provides an opportunity for litigators to receive invaluable guidance from the Bench to assist in drafting better pleadings.
Since coming into force on 1 December 2009, the Criminal Proceeds (Recovery) Act 2009 (âthe Actâ) has been a source of some controversy amongst practitioners due to the draconian remedies provided to the Commissioner of Police and the reverse onus placed on a respondent who is said to have profited as a result of criminal offending while at the same time depriving them of the resources to do so effectively.
The Act is frequently engaged where defendants in criminal cases or other associated persons are alleged to have acquired assets or derived profit directly or indirectly from significant criminal activity. A wide range of orders is available to restrain and/or forfeit a defendant's financial assets or money, whether they are derived directly from crime or not.
The Criminal Procedure Act 2011 (the Act) means major changes for the everyday practice of Criminal Law. Practitioners need to analyse their cases and define the issues at an earlier stage, and the Courts' focus will be on the early resolution of cases.
This On Demand session offers practical help to practitioners about common issues which will arise, with perspectives from members of the Bar and the Bench.
Experienced barrister and lecturer Len Andersen presents an overview of the Act and its changes. He addresses key aspects of the Act, such as conferences, elections and what to expect, including looking at some challenging issues.
His Honour Judge Dawson, Jury Liaison Judge at the Auckland District Court, has been a member of the judiciary since 2003. His Honour comments on the key aspects of the Act and addresses frequently asked questions, providing practitioners with an insight into what the Courts' approach will be.