Anyone who has been convicted of a crime has a right to appeal to a higher Court. You usually have 28 days from the date that sentence is passed to file your notice of appeal. This time frame can be extended and frequently is. If you would like advice about appealing your sentence or conviction [...]
On 29 November 2004 the Criminal Records (Clean Slate) Act 2004 came into force. This law has the effect of concealing criminal convictions if certain requirements are met. If the Clean Slate Act applies to you then you will not be required to disclose criminal convictions, for example when applying for a job. A person [...]
The criminal procedure is a body of rules and prescribed procedures which governs the enforcement of the country’s laws in prosecuting criminals in criminal courts. It regulates, amongst other things, arrest, bail, the trial, sentencing and procedures of appeal. Criminal Procedure in New Zealand law is largely contained in the Criminal Procedure Act . The [...]
I am admitted as a Barrister and Solicitor of the High Court of New Zealand. This means that I am able to appear in any Court or tribunal in New Zealand. I regularly appear in trials and other criminal cases in District and High Courts across New Zealand. I have recently appeared in murder prosecutions [...]
Theft A person commits theft if he unlawfully and intentionally takes property from the owner or lawful possessor with the intention to permanently deprive that person of his rights thereto. Examples: X walks into his neighbour’s garden and, without his permission, takes the neighbour’s lawnmower with the intention of never returning it. (If his intention [...]
The mere fact that a person’s rights were not brought to his attention, does not automatically result in the dismissal of the charges. If the fact that an accused does not know his rights renders his trial unfair or negatively impacts on the administration of justice, he can be acquitted at trial. Here follows some [...]
A police officer, who may lawfully search any person or any premises, may use force as may be reasonably necessary to overcome any resistance, provided that he must first audibly demand entry to the premises and declare the purpose for which he seeks to enter such premises. The force that may be used includes the [...]
Search warrants give the police (or sometimes other law enforcement officers like Customs Officers) the power to enter into a property to search for items listed in the warrant. A search warrant is a document that gives a law enforcement officer a lawful power to enter a property and to search. Search warrants are issued [...]
The Police enjoy wide ranging search powers provided under the Search and Surveillance Act. While a search warrant is usually required warrantless searches can be conducted for a number of reasons including where police have reason to believe that you are in possession of illicit drugs, unlawfully in possession of a weapon, firearm or ammunition. [...]
At the roadside the police will usually ask you to blow into an initial breath test device (sometimes called a sniffer). This device gives a rough detection as to whether you have been drinking alcohol or not. If the device indicates that you have, you will likely be asked to provide an evidential breath test. [...]