Criminal Justice System Flashcards

Flashcards about New Zealand's Criminal Justice System

Criminal Record

An alteration of criminal record.

Appeals

District Court appeals go to High Court if a judge trial follows the court hierarchy.

Court Hierarchy

District Court - High Court - Court of Appeal and get approved ↳ Supreme Court

Prerogative of Mercy/Criminal Cases Review Commission

Needs a miscarriage of justice.

Attorney General Rights

The king granted the attorney general the rights to decide and represent the crown.

Clean Slate Regime

Criminal conviction does not go away. Years without getting another conviction, no prison, no sexual offending.

Clean Slate Act 2004

If a person commits an offence after 1 year, their criminal record comes back and they start the whole process again. Only gone if you stay within the law.

Expungement

Expungement of convictions for historical homosexual acts 2018.

Historical Homosexual Charges

Some males were charged under different acts; raises an issue.

Sentencing for Murder Overview

Murder attracts a life sentence (unless this is manifestly unjust). This is an indeterminate sentence. Life does not mean never to be released.

Parole Eligibility for Murder

May apply for parole after serving the Minimum Period of Imprisonment.

Presumption in favour of life imprisonment for murder

An offender who is convicted of murder must be sentenced to imprisonment for life unless, given the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust.

Parole

After serving 1/3 of sentence, Parole Board may release into the community, subject to conditions.

Minimum Period of Imprisonment (MPI)

If a person sentences an offender convicted of murder to imprisonment for life, it must order a Minimum Period of Imprisonment (MPI). After this is served, person can apply for parole.

MPI Duration

If s104 applies, must impose an MPI of at least 17 years. In other cases, under s103(2), MPI must be more than 10 years.

Reasons for MPI

holding the offender accountable for the harm done to the victim and the community by the offending, denouncing the conduct in which the offender was involved, deterring the offender or other persons from committing the same or a similar offence, protecting the community from the offender.

Imposition of minimum period of imprisonment of 17 years or more

The court must make an order under section 103 imposing a minimum period of imprisonment of at least 17 years in the following circumstances, unless it is satisfied that it would be manifestly unjust to do so.