Criminal Rules Sub-Committee

Background

In 2013, the Rules Committee approved the creation of a new sub-committee known as the Criminal Rules Sub-Committee. The Criminal Rules Sub‑Committee was formed to assist the Rules Committee following the enactment of the Criminal Procedure Act 2011.

The Criminal Rules Sub-Committee had a hiatus in which it was disbanded, from 2015 to 2023.

The Criminal Rules Sub-Committee was reformed in mid 2023 to assist the Rules Committee with all matters involving the Criminal Procedure Rules 2012.

Report as at March 2015

The primary focus now is to monitor how the Criminal Procedure Rules 2011 are working. If there are aspects of the Rules that you consider could be improved – either in their content or implementation – please raise it with a Committee member or one of the professional bodies.

One change that is being considered concerns the filing of formal statements.  The present requirement is that they be filed 25 working days before the trial callover (r 5.5(1)). This timeframe seems to be the subject of routine extension. It is undesirable in principle to have a situation such as that, and of course it means that on each occasion, there needs to be an application. A proposal to alter the date to 15 working days, thereby aligning it with the Crown memorandum, is presently being consulted on. Replies to date are supportive of the change.

An example of monitoring implementation is the case management memorandum (CMM). Acting on feedback, and following consultation, members of the Committee, together with the Ministry, have developed a new version. It is currently being tested in Christchurch.  The early response is positive and it is hoped that a wider implementation will soon occur.

The Committee is also reviewing existing Practice Notes. The aim is to convert as many as possible to Rules so as to reduce the number of rule sources to which practitioners must go. Many Practice Notes are in fact obsolete and will be discontinued. It is hoped in the near future to incorporate the Sentencing Practice Note into the Rules, after which decisions will be made on the remainder.

Simon France
High Court, Wellington
Chair, Criminal Practice Rules Sub‑Committee

Criminal Rules Sub-Committee Minutes

Minutes are posted on the website once they have been approved as an accurate record by the Sub-Committee or upon the Chair's direction.

2024

2023

2015

2014

 2013