Attorney-General Chris Finlayson has warned that a provision in a new justice bill would strip defendants of an important right.The bill, introduced yesterday by Justice Minister Simon Power, carries sweeping changes to the court system.One of its provisi
Attorney-General Chris Finlayson has warned that a provision in a new justice bill would strip defendants of an important right.
The bill, introduced yesterday by Justice Minister Simon Power, carries sweeping changes to the court system.
One of its provisions would allow a case to proceed in the absence of a defendant if the court was not satisfied he or she had a reasonable excuse for not being there.
Mr Finlayson said in a report released today the right of a defendant to be present at their trial was an important one.
"Even the guilty defendant is entitled to know that the process that brought about their conviction and punishment was conducted fairly and there is no substitute for their being present in court to witness it," he said.
"The defendant's presence is necessary to supply instructions to their lawyer, to assist in the effective cross-examination of witnesses and to evaluate whether they ought to call or give evidence themselves."
Mr Finlayson said public confidence in the verdicts of the criminal courts was enhanced by knowledge that defendants had opportunities to defend themselves.
He said the proposed change would breach the Bill of Rights Act, which specifically recognised the right of a person charged to be present during the trial and to present a defence.
The Attorney-General has to vet all bills that go before Parliament to decide whether they breach the Act.
Adverse reports, such as the one released today, do not prevent the Government passing a bill.
Sign up to get the latest stories and insights delivered to your inbox – free, every day.
