Processes for bail, home detention and community-based sentences
The Solicitor-General has clarified her reasons for circulating to the wider profession a letter dated 7 April 2020 which was sent to prosecutors. The letter outlined new processes for bail, home detention and community-based sentences. These changes were designed to ensure that defendants who were released from custody were not put at risk of contracting COVID-19, and equally that they did not inadvertently put occupants of their addresses at risk.
The Solicitor-General has emphasised that of course all substantive decisions (for example, decisions as to whether a person should be released into the community from custody, whether on bail or on a community-based sentence, and on what conditions), are for Courts to make. However, she circulated her letter as she felt it would be useful for defence counsel to understand in advance the approach being taken by prosecutors, although there was no expectation that defence counsel would necessarily agree with that approach. The Solicitor-General has also circulated an update to prosecutors in a new letter dated 15 April.
Charlotte Brook is Crown Law’s representative on the Working Group. Please email Charlotte if you have any queries about the information in this letter,
A response to the Solicitor-General's advice of new processes has been prepared by barristers Douglas Ewen and Warren Pyke. While thanking her for ensuring that the Defence Bar is aware in advance of the position the Crown has elected, they have outlined some concerns which they now share with defence counsel.
Please refer to the following correspondence:
Letter 7 April SG to Crown Solicitors and public prosecutors - New processes for bail, home detention and community-based sentences
Letter 15 April SG to Crown Solicitors and public prosecutors - Update on certain criminal justice processes
Letter 15 April SG to NZBA and others - Update on certain criminal justice processes - purpose of correspondence dated 7 April
Letter 16 April D Ewen to SG re: SG's instructions to prosecutors
