Improving timeliness of jury trials

Everyone should have timely access to the courts to seek justice. Delays in the courts can significantly undermine confidence in the criminal justice system, and its ability to fairly and efficiently deal with cases, and bring resolution for victims and defendants.

The Ministry of Justice is considering changes to the law to increase court timeliness, which is impacted by the number of jury trials in the system, and the higher level of resource they require to process. As part of this, we are considering whether the eligibility threshold for the right to elect a jury trial under the New Zealand Bill of Rights Act 1990 (NZBORA) is set at the right level of seriousness.

The first of these proposals for change is increasing the threshold for when a defendant can choose to elect a trial by jury. This would involve changing provisions in both the Criminal Procedure Act 2011 and the New Zealand Bill of Rights Act 1990. The second is a smaller, more technical change that would enable more flexibility in when, during a criminal proceeding, a defendant can choose to elect a trial by jury. Specifically, it would allow a defendant to make the decision to elect at any point up to, and including, the case review hearing. This would involve changing provisions of the Criminal Procedure Act 2011.    

This survey sets out the current law around jury trials, and how some problems arising from the current law are creating the need for potential change. It suggests some ideas for addressing those problems and seeks your views. Your feedback will help to us to advise the Government on proposals for reform.

Background

In recent years, the criminal jurisdiction of the District Court has been experiencing increased delays, and pressure to resolve higher numbers of more serious cases. The District Court is New Zealand’s busiest court. It is the court where all criminal cases begin, and it conducts most jury trials. The most serious cases of offending, such as murder and manslaughter, are referred to the High Court.

There has been a significant increase in both the time required to dispose of criminal cases, and in the number of active cases.  A significant contributor to these delays is jury trials, which take longer to resolve and are increasingly being chosen by defendants as ways to determine their case. External factors such as COVID-19 restrictions and severe weather events have also had significant impacts on the courts’ ability to progress cases, particularly jury trials.

The efficiency of court processes and any delays can have significant impacts on court participants, including victims, complainants, witnesses, defendants, lawyers and whānau. The criminal justice process can be particularly stressful for victims and complainants, whose lives may be put on hold while they wait for an outcome to a case. For defendants, delays can mean spending longer on remand, under strict bail conditions or in prison awaiting their trial. Delays can also cause witnesses’ memories of key events to fade, undermining the quality of evidence needed for a trial.

The Government, justice sector agencies, and the judiciary are committed to improving timeliness and performance in the courts. A large programme of work has been established, aimed at improving efficiencies and reducing delays, primarily in the District Court. Some of the work underway includes:

• enabling more remote participation in court proceedings
• rolling out Te Au Reka – a new digital case management system
• a range of operational initiatives as part of the District Court Timeliness Programme. This includes initiatives such as the Duty Lawyer Operational Policy – increasing duty lawyers’ role in court so they are better placed to identify cases suitable to be dealt with in court straight away, rather than putting them off to another hearing date.