12 July 2013 Hon Sir Grant Hammond KNZM

President

Law Commission

Law Commission Comments on Juror Contempt

The sentencing of an Auckland man for reportedly failing to make himself available for a jury trial highlights a number of issues under consideration by the Law Commission as part of its review of contempt of court, says Commissioner Peter Boshier.

Judge Boshier said the purpose of the law of contempt is to protect the integrity of the justice system and a defendant’s right to a fair trial.

“The right to trial by jury for serious offences is a corner-stone of the criminal justice system in New Zealand and something citizens have an interest in protecting. It requires citizens to be available to serve and to carry out their duties in accordance with the law.”

However Judge Boshier said the circumstances in which contempt proceedings could be brought against jurors and the type of penalties which could be imposed were all live issues which were being considered as part of the Commission’s review.

“It is too early in the project for the Law Commission to express a view on these questions and we will obviously await with interest any decision the Court may make on the current case if it is appealed to the High Court as has been indicated.

“The public and other stakeholders will also have an opportunity to express their views on these complex and important issues when the Commission publishes an Issues Paper early next year,” says Judge Boshier.

The object of the Law Commission’s review is to assess whether the body of contempt law, which is largely judge made, is still justifiable in principle, coherent and accessible to the public, and enforceable.

-ENDS-

For further information, please visit http://www.lawcom.govt.nz/project/review-contempt-court. No further statements will be made at this time.

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