Moves to address miscarriages of justice

WELLINGTON: The Government has moved to establish an independent body tasked with addressing miscarriages of justice.

Justice Minister Andrew Little has introduced a Bill to the House which would establish a Criminal Cases Review Commission (CCRC) — an independent body for addressing miscarriages of justice.

The establishing of this commission was part of the Labour and New Zealand First Coalition agreement, signed in Octo ber last year.

The CCRC will review convictions and sentences where there is a suspected miscarriage of justice in a ‘‘timely, fair and independent’’, manner Mr Little said.

‘‘Given the resources the state puts into securing a conviction, I believe there is good reason for it to put adequate resources into correcting mistakes that may have been made,’’ Mr Little said.

He said the Government had consulted with other countries — which also had implemented CCRCs — about their experience with the commission.

Senior New Zealand lawyers and academics had also had their say and had contributed to the Bill.

Currently, if a person who has been convicted of an offence believes they have suffered a miscarriage of justice, they may apply to the GovernorGeneral for the exercise of the Royal prerogative of mercy.

If this Bill is passed, the CCRC would refer cases back to the appeal courts.

It would not, however, have any role to determine guilt or innocence.

The commission would have power to undertake inquiries into practice, policy, procedure, or other matters it considered to be related to miscarriages of justice.

It would be an independent Crown entity, with a membership of no fewer than three but no more than seven commissioners. — NZME