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NEW ZEALAND LAW COMMISSION

Te Aka Matua o te Ture

Report 70

Acquittal Following Perversion of the Course of Justice

Wellington, New Zealand

The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that

reflects the heritage and aspirations of the peoples of New Zealand.

The Commissioners are:

This report is also available on the Internet at the Commission’s website: http://www.lawcom.govt.nz

27 March 2001

Dear Ministers

I am pleased to submit to you Report 70 of the Law Commission, Acquittal Following Perversion of the Course of Justice.

We confirm as fundamental the rule of law that no person acquitted of a crime can be prosecuted again for the same offence. But after consultation and careful reflection we have concluded that, in a narrow class of case, public confidence in the rule of law justifies a limited exception to that rule. That is where the accused has secured an unmerited acquittal on a serious charge by perjury or other conduct that has perverted the course of justice. The Report contains the arguments for and against our view, gives the reasons for our conclusion, and details the circumstances in which and the terms on which we consider the limited exception should be available.

Yours sincerely

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