Criminal Cases Review Commission Bill - Oral Submission to the Justice Committee [2019] NZHRCSub 2 (2 May 2019)

Last Updated: 15 June 2019

Introduction

1. The Human Rights Commission (“the Commission”) appreciates

the opportunity to present an oral submission to the Justice Committee on the Criminal Cases Review Commission Bill (“the Review Commission” and “the Bill”).

2. The Commission supports the creation of a Criminal Cases Review Commission as an effort to strengthen the mechanisms available to an individual who has come before the criminal justice system and promote the right to equality and human dignity.
3. As stated in our written submission, the Commission also suggests amendments to maximise opportunities to address systemic inequalities in the justice system as they affect particular individuals, as well as more'generaIly.

Human rights approach - promoting equality

4. The Commission encourages the Government to approach legislative development from a human rights perspective. This focuses on the inherent dignity and equality of an individual.
5. The Commission acknowledges the significant over-representation of vulnerable communities within the criminal justice system, and acknowledges that the over-representation is not reflected in applications for exercise of the Royal Prerogative of Mercy.
6. The Commission see the establishment of the Criminal Cases Review Commission as assisting the Government to address recommendations of United Nations treaty bodies relating to structural discrimination, institutional bias and over-representation of vulnerable communities.
7. The Commission recommendations aim to strengthen the Review Commission’s functions, duties and powers to better address the concerns raised in relation to the criminal justice system.

Powers of the Review Commission to initiate thematic inquiries

8. The Commission would support the Review Commission having the ability to initiate thematic inquiries into the criminal justice system, at any time, regardless of whether a related conviction or sentence is specifically before it or not.
9. The Commission support this approach for two reasons:
   • First, the systemic issues within the criminal justice system are complex and varied. Therefore, it is not inevitable that cases which find themselves before the Review Commission will appropriately relate to all these issues; and
   • Secondly, it is not inevitable that the creation of this Review Commission will solve the low rates of applications from vulnerable communities and, in turn, address issues which are specific to those communities — for example institutional bias or discrimination.
10. The Commission submits that empowering the Review Commission to initiate thematic inquiries of its own accord and report on its findings may, in turn, encourage those who have suffered the same or similar miscarriages to apply to the Review Commission.
11. With the power to initiate thematic inquiries, the Review Commission could go much further to address systemic issues within the criminal justice system and be a preventative measure for future miscarriages of justice.

Conclusion

12. The Human Rights Commission supports this Bill and the implementation of a Criminal Cases Review Commission.
13. The Commission’s submission suggests measures to maximise the effectiveness of the Review Commission in relation to Méori and marginalised groups currently over-represented in the justice system and under-represented in applications for exercise of the Royal Prerogative of Mercy.

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