The Magna Carta invoked in England in 1215 is frequently referred to as marking the beginning of the common law system of justice as we understand it today.
This was a watershed in history where the king granted legal rights to some of the country's citizens and groups who had formerly been subject to the whims and tyranny of the ruling elite.
Laws have evolved considerably in the centuries since and in New Zealand the Bill of Rights Act introduced in 1990 is of great significance in ensuring individual rights and liberties are protected.
We have of course a plethora of laws that help to enhance human dignity and respect such as the Race Relations Act and the Human Rights Act. What, however, is the state of our criminal justice system in New Zealand in 2013?
In the last six years, in particular, successive governments have implemented some dramatic changes that have profoundly changed the practice of criminal law. Depositions hearings, which used to take place before a jury trial, were abolished in 2008.
These hearings were usually convened by JPs at the conclusion of which a determination was made on whether there was sufficient evidence to go to trial.
This forum provided an opportunity for the defence to assess the strengths and weaknesses of the prosecution case and to observe the demeanour of potential witnesses.
Inconsistencies by witnesses at the deposition could be highlighted at the subsequent trial. There were comparable benefits for the prosecution as well.
Deposition hearings also provided the opportunity to weed out weak cases prior to trial thus avoiding unnecessary expense. The Government's peremptory abolition of these hearings was a travesty.
In 2011, the longstanding defence of provocation was repealed by the Government on the back of a certain amount of public hysteria. Attacks on the integrity of the legal system sometimes fuelled by the media have become more prevalent.
Ill-informed comments are often given a significance far beyond what is merited. The period 2010-12 saw a tsunami of change implemented by the Ministry of Justice. This included the expansion of Public Defenders offices to most of the main centres in New Zealand.
Although a positive development, this resulted in a significant reduction in the number of lawyers on duty solicitor rosters in courts and therefore more pressure for the private Bar.
Restrictions were also imposed on the public's right to choose their own criminal legal aid lawyer, and lawyers had to undergo a stringent re-categorisation process to be eligible to continue receiving assignments.
In March 2012, fixed criminal legal aid fees were introduced at very low levels of remuneration which have, and will, inevitably impact on the private criminal Bar.
This means an increasing imbalance between the resources of the prosecuting agencies of the State and that of the private Bar's ability to provide adequate representation for clients.
From July 1, 2013, the Criminal Procedure Act comes into effect .
This has been described as the biggest change in Criminal Law in more than 50 years and includes the amalgamation and updating of the Summary Proceedings Act 1957 and parts of the Crimes Act 1961. A significant aim of the Act is to speed up court processes.
A major change is the increase in the jury trial threshold from an offence with a maximum penalty of more than three months imprisonment to an offence where the maximum penalty is two or more years imprisonment.
A draconian component of the new Act empowers courts to order the defendant, defence counsel or the prosecution to pay costs if it is satisfied that the person has failed without reasonable excuse to comply with a procedural requirement under the Act.
What we have witnessed in New Zealand in recent years is the unremitting and systematic erosion of established legal principles and procedures.
These changes suggest governments see the criminal justice system as something to be controlled, regulated and micromanaged.
It has become another commodity where so called efficiency is paramount but in reality cost-cutting on a grand scale is the primary motive.
It is difficult to see how young and potentially capable advocates can flourish in the private Criminal Bar in New Zealand today, where the disincentives to practice have never been so great. The light of justice in New Zealand has arguably never been dimmer.
