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R136 The justice response to victims of sexual violence: Criminal trials and alternative processes
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Contents
General information
Letter to the Minister
Foreword
Acknowledgements
Executive summary
Courts
Alternatives to trial
Support for victims
A note on the history of this review
Recommendations
Part B: Courts
Part C: Alternatives to trial
Part D: Support for victims
Part A Introduction
Chapter 1 - Scope, approach, and context of this review
Introduction
The fundamental problem
The views of victims and others
Our approach
Structure and overview of Report
Our consultation process – 2014/15
A note on the history of this project and the current scope of the review
Areas for further review
Chapter 2 - Prevalence and harm of sexual violence
Introduction
Limitations of the data
Where does sexual violence occur?
Prevalence of sexual violence
Reporting of sexual violence
Attrition in the courts
Case disposal times
Cost of sexual violence
Conclusion
Part B Courts
Chapter 3 - The existing court process for sexual violence cases
Introduction
Categorisation of offences involving sexual violence
Initial record of complaint and filing of charges
The District Courts or the High Court
Entry of plea
Pre-trial matters
The trial
The giving of evidence at trial
Verdict
Sentencing and restorative justice
Key differences between trial by jury and trial by judge-alone
Appeals
Retrials
Chapter 4 - The court experience of complainants
Introduction
Summary of the issues
Issue one: the time between filing of charge and trial
Issue two: cross-examination of complainants in cases involving sexual violence
Issue three: availability of information and support for complainants
Issue four: court facilities and physical environment
Chapter 5 - Court specialisation for sexual violence cases
Introduction
The theory and rationale of court specialisation
The case for court specialisation in the area of sexual violence
The experience overseas
Options for New Zealand
A specialist sexual violence court for New Zealand
Proposal for judicial specialisation
Proposals for prosecutorial specialisation
Specialisation or accreditation of counsel in sexual violence cases
Issues Paper proposal for a specialist sexual violence court operating post guilty-plea
Chapter 6 - The fact-finder in sexual violence cases
Introduction
The function of the jury in a criminal trial
The right to trial by jury in New Zealand
Juror decision-making in sexual violence cases: the issues
Alternatives to jury as fact-finder in sexual violence cases
What should be done at this stage?
The rules of evidence in sexual violence cases
Part C Alternatives to trial
Chapter 7 - The case for an alternative justice mechanism
Introduction
The criminal justice system and victims’ justice needs
The proposal in the Issues Paper
What kind of an alternative justice mechanism?
Restorative justice
Conclusion
Is there a public interest factor in an alternative justice mechanism?
Chapter 8 - Key issues concerning the alternative process
Introduction
Which cases can proceed through the alternative process?
Risk of perpetrator committing further acts of sexual violence
Public interest
Use of alternative process in cases involving intimate partner violence
Suitability of individual cases
Incentivising perpetrator participation in the alternative process
Chapter 9 - Proposal for reform
Introduction
Overview of proposal
Reforms required for the proposal
Guiding principles
Diversity of programmes
Key components of programmes
Accreditation framework
Providers and specialist facilitators
Entry into the alternative process
Overview of assessment by provider and right of review
Eligibility for participation in the alternative process
Two assessments: “risk” and “suitability”
Review process
Protections regarding participation in the alternative process
Confidentiality
Privilege
Protection against “double jeopardy”: bar to subsequent criminal prosecution
Other protections during the course of the process
Record of completion
Oversight functions
Oversight of providers, programmes, and facilitators
Risk management
Maintaining records and register
Performance of the oversight functions
Pilot programme
Part D Support for victims
Chapter 10 - Is there a need for reform to help sexual violence victims engage with the justice system?
Introduction
Why are we looking at the support sector in a project relating to justice processes?
What is international good practice when meeting the support and service needs of victims of sexual violence?
What are the gaps in meeting the support and service needs of victims of sexual violence in New Zealand?
What is the impact of gaps in funding on the sexual violence sector?
Chapter 11 - What change can improve the sexual violence support sector to better assist victims to engage with the justice system?
Introduction
Who should lead change?
Wraparound care
Key functions
Function one: coordination of services and strong cross-organisational relationships between both government and community service providers
Function two: implementation of appropriate training and accreditation programmes
Function three: national level oversight to ensure the competency of those interacting with sexual violence victims
Function four: dedicated research capacity focused on sexual violence including support to implement robust data collection practices throughout the sector
Reform of funding of the sexual violence sector
Conclusion
Chapter 12 - The case for a government body
Introduction
The case for a new public body
The form of a new public body
Funding a commission
Incorporating Māori perspectives
Conclusion
Appendix A - Sexual violence offences
Appendix B - Overseas alternative justice mechanisms
Appendix C - Eligibility for entry into the alternative process
Appendix D - Guidelines/good practice standards for providers of alternative justice programmes
Appendix E - Overseas models of support services
Appendix F - The sexual violence support sector in New Zealand
Next page
R136 The justice response to victims of sexual violence: Criminal trials and alternative processes
General information
Letter to the Minister
Foreword
Acknowledgements
Executive summary
Courts
Alternatives to trial
Support for victims
A note on the history of this review
Recommendations
Part B: Courts
Part C: Alternatives to trial
Part D: Support for victims
Part A Introduction
Chapter 1 - Scope, approach, and context of this review
Introduction
The fundamental problem
The views of victims and others
Our approach
Structure and overview of Report
Our consultation process – 2014/15
A note on the history of this project and the current scope of the review
Areas for further review
Chapter 2 - Prevalence and harm of sexual violence
Introduction
Limitations of the data
Where does sexual violence occur?
Prevalence of sexual violence
Reporting of sexual violence
Attrition in the courts
Case disposal times
Cost of sexual violence
Conclusion
Part B Courts
Chapter 3 - The existing court process for sexual violence cases
Introduction
Categorisation of offences involving sexual violence
Initial record of complaint and filing of charges
The District Courts or the High Court
Entry of plea
Pre-trial matters
The trial
The giving of evidence at trial
Verdict
Sentencing and restorative justice
Key differences between trial by jury and trial by judge-alone
Appeals
Retrials
Chapter 4 - The court experience of complainants
Introduction
Summary of the issues
Issue one: the time between filing of charge and trial
Issue two: cross-examination of complainants in cases involving sexual violence
Issue three: availability of information and support for complainants
Issue four: court facilities and physical environment
Chapter 5 - Court specialisation for sexual violence cases
Introduction
The theory and rationale of court specialisation
The case for court specialisation in the area of sexual violence
The experience overseas
Options for New Zealand
A specialist sexual violence court for New Zealand
Proposal for judicial specialisation
Proposals for prosecutorial specialisation
Specialisation or accreditation of counsel in sexual violence cases
Issues Paper proposal for a specialist sexual violence court operating post guilty-plea
Chapter 6 - The fact-finder in sexual violence cases
Introduction
The function of the jury in a criminal trial
The right to trial by jury in New Zealand
Juror decision-making in sexual violence cases: the issues
Alternatives to jury as fact-finder in sexual violence cases
What should be done at this stage?
The rules of evidence in sexual violence cases
Part C Alternatives to trial
Chapter 7 - The case for an alternative justice mechanism
Introduction
The criminal justice system and victims’ justice needs
The proposal in the Issues Paper
What kind of an alternative justice mechanism?
Restorative justice
Conclusion
Is there a public interest factor in an alternative justice mechanism?
Chapter 8 - Key issues concerning the alternative process
Introduction
Which cases can proceed through the alternative process?
Risk of perpetrator committing further acts of sexual violence
Public interest
Use of alternative process in cases involving intimate partner violence
Suitability of individual cases
Incentivising perpetrator participation in the alternative process
Chapter 9 - Proposal for reform
Introduction
Overview of proposal
Reforms required for the proposal
Guiding principles
Diversity of programmes
Key components of programmes
Accreditation framework
Providers and specialist facilitators
Entry into the alternative process
Overview of assessment by provider and right of review
Eligibility for participation in the alternative process
Two assessments: “risk” and “suitability”
Review process
Protections regarding participation in the alternative process
Confidentiality
Privilege
Protection against “double jeopardy”: bar to subsequent criminal prosecution
Other protections during the course of the process
Record of completion
Oversight functions
Oversight of providers, programmes, and facilitators
Risk management
Maintaining records and register
Performance of the oversight functions
Pilot programme
Part D Support for victims
Chapter 10 - Is there a need for reform to help sexual violence victims engage with the justice system?
Introduction
Why are we looking at the support sector in a project relating to justice processes?
What is international good practice when meeting the support and service needs of victims of sexual violence?
What are the gaps in meeting the support and service needs of victims of sexual violence in New Zealand?
What is the impact of gaps in funding on the sexual violence sector?
Chapter 11 - What change can improve the sexual violence support sector to better assist victims to engage with the justice system?
Introduction
Who should lead change?
Wraparound care
Key functions
Function one: coordination of services and strong cross-organisational relationships between both government and community service providers
Function two: implementation of appropriate training and accreditation programmes
Function three: national level oversight to ensure the competency of those interacting with sexual violence victims
Function four: dedicated research capacity focused on sexual violence including support to implement robust data collection practices throughout the sector
Reform of funding of the sexual violence sector
Conclusion
Chapter 12 - The case for a government body
Introduction
The case for a new public body
The form of a new public body
Funding a commission
Incorporating Māori perspectives
Conclusion
Appendix A - Sexual violence offences
Appendix B - Overseas alternative justice mechanisms
Appendix C - Eligibility for entry into the alternative process
Appendix D - Guidelines/good practice standards for providers of alternative justice programmes
Appendix E - Overseas models of support services
Appendix F - The sexual violence support sector in New Zealand
Next page