LAWPUBL 430 : Criminal Procedure

Law

2021 Semester Two (1215) (15 POINTS)

Course Prescription

The rules governing the conduct of criminal trials and the investigation of crime. Changes to criminal procedure brought about by judicial interpretation of the New Zealand Bill of Rights Act 1990. Selected topics which may include: search and seizure, name suppression, right to counsel, exclusion of evidence, bail, juries, trial delay.

Course Overview

Criminal procedure is the study of the legal rules governing the detection, investigation and prosecution of criminal offences. There is no one source of these rules in New Zealand law. They are contained in various statutes (such as the Search and Surveillance Act 2012 and the Criminal Procedure Act 2011) and common law judgments, and have been significantly influenced by judicial interpretation of the New Zealand Bill of Rights Act 1990 (“NZBORA”). Accordingly, this class will study selected topics in criminal procedure with an emphasis on the impact of ss 21-25 of the Bill of Rights on current law. Time permitting, areas explored will include: 

- Exclusion of improperly obtained evidence
- Search & seizure
- Confessions
- Arrest and detention
- Right to counsel
- Right to silence
- Prompt charging and court appearance
- Right to adequate time and facilities to prepare a defence
- Trial delay
- Juries
- Fair trial rights (the right to a neutral decision maker/ present a defence/ be present in court/ examine witnesses for the prosecution)

The goal of this class is to examine selected rules of criminal procedure and to look at policy issues surrounding the development and employment of those rules. The focus will be on a critical appraisal of the law of criminal procedure as it operates in the New Zealand criminal justice system today.

Course Requirements

Prerequisite: LAW 201 Restriction: LAW 482

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Apply the correct principles and rules of New Zealand criminal procedure to particular situations. (Capability 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  2. Critically evaluate issues of principle and policy raised by the current law of New Zealand criminal procedure. (Capability 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  3. Evaluate potential reforms to the law of New Zealand criminal procedure. (Capability 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  4. Think and write about — and also be able to discuss — the law of New Zealand criminal procedure in a coherent manner. (Capability 2.1, 2.2, 2.3, 4.1 and 4.2)

Assessments

Assessment Type Percentage Classification
Quiz 5% Individual Coursework
Assignment 25% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Quiz
Assignment
Final Exam

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at scheduled classes.
Lectures will be available as recordings. 
The course will not include live online events.
Attendance on campus is required for the exam.
The classes for the course are scheduled as a standard weekly timetable.

Learning Resources

There is no required text for the course. The course materials  — case law, statutes and other materials — will be available on CANVAS.

There are various recommended and supplemental materials for the course as listed below (and followed by their locations in the Davis Law Library).

 A text that covers many significant aspects of criminal procedure under the NZBORA — but is not completely up to date in various areas — is Paul Rishworth and others The New Zealand Bill of Rights (Oxford University Press, Auckland, 2003) KM228 RIS.

A similar and more up to date text is Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) KM228 BUT 2015.

Discussion of ss 28-30 of the Evidence Act 2006 can be found in Elisabeth McDonald and Scott Optican (gen eds) Mahoney on Evidence: Act & Analysis (Thomson Reuters, New Zealand, 2018) KN390 L1 MAHe  (on reserve).

A good text for pre-NZBORA criminal procedure is William Hodge Doyle and Hodge Criminal Procedure in New Zealand (3rd ed, Law Book Co, Sydney, 1991) KM570 L1 DOY.

For a discussion of the Search and Surveillance Act 2012, see Warren Young, Neville Trendle and Richard Mahoney Search and Surveillance: Act and Analysis (Brookers, Wellington, 2012) KM580.2 L1 YOU.

For a discussion of the Criminal Procedure Act 2011, see Jeremy Finn and Don Mathias Criminal Procedure in New Zealand  (3rd ed, Thomson Reuters, Wellington, 2019) KM570 L1 FIN 2019. 

A recommended text for articles dealing with the impact of the Bill of Rights on New Zealand’s law of criminal procedure is Grant Huscroft and Paul Rishworth (eds) Rights and Freedoms: the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 (Brookers, Wellington, 1995) KM228 HUS. 

Detailed discussions rules of criminal procedure covered in this class can also be found in Bruce Robertson (ed) Adams on Criminal Law (online ed, Westlaw, 2015) (see the various sub-sections under: “Criminal Procedure"/ "Rights and Powers" / "Evidence" (including: “Criminal Procedure Act & Analysis"/ "Trial Procedures"/ "Bill of Rights"/ "Search and Surveillance”/ “Evidence Act 2006”) KM528 ADAs 2014.

To one degree or another, the same is true of the update on “Evidence” published annually in the New Zealand Law Review (and written by the teacher of this course) and in various reports dealing with evidence and criminal procedure law published by the New Zealand Law Commission (available at www.lawcom.govt.nz). In addition, articles about selected aspects of criminal procedure frequently appear in the New Zealand Law Journal,  the New Zealand Law Review and other New Zealand law journals.

Criminal procedure cases are also reported regularly in The Capital Letter.

Finally, for a series of essays on New Zealand criminal justice, including a chapter on criminal procedure by the teacher of this course (which is not completely up to date in all areas), see Julia Tolmie and Warren Brookbanks Criminal Justice in New Zealand (LexisNexis, Wellington, 2007) KM570 L1 TOL.



Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 20/11/2020 12:23 p.m.