A specialist court to handle some sexual violence
cases is one option of judicial reform the Law Commission wants the
public to consider.
The commission has been reviewing criminal
trial processes aiming to improve the system's fairness, efficiency and
effectiveness at the government's request.
Some victims and
defendants find the current system "alienating and disempowering", says
Law Commission president Sir Grant Hammond.
The commission had
found several different approaches after looking at other countries
including Germany, Austria, and Denmark and wants public feedback, he
said.
One option was a specialist court for sexual violence cases
where the offender pleads guilty, which would allow the offending to be
dealt with in a more flexible way.
This could include developing
programmes requiring offenders to take responsibility for their
offending and address its cause before being sentenced, which should
reduce reoffending rates, Sir Grant said.
A alternative process outside the courts to resolve some sexual cases was another option.
Many victims wanted offenders held to account, but only a small number reported sexual abuse to police, he said.
Many do not want to go through the "difficult" process of a trial, Sir Grant said.
The sexual abuse reforms could "significantly improve" a victim's experience through processes tailored to their needs.
Another trial reform option is for a judge to control a case more actively, with the role of lawyers more limited.
Currently lawyers largely determine what evidence to call and fairness may depend on their resources and skill, Sir Grant said.
"Questioning
can be confrontational and aggressive, which can be traumatising for
victims and witnesses, especially in sensitive cases such as those
involving sexual offending, family violence, and child witnesses."
People are able to give feedback on www.lawcom.govt.nz/alttrials until April 27.
NZN