Pleading Guilty under Duress due to Threats/Coercion/Psychiatric and Psychological factors...Turning around Justice for the actual Victim

Anthony Jordan made this Official Information request to Ministry of Justice

The request was successful.

From: Anthony Jordan

Dear Ministry of Justice,

Please provide the following

1/ The process someone would use, who pleads guilty under threatening/coercive Duress, to clear their name (who alleges after sentencing and time served, are not Guilty)

2/ The process someone would use, who pleads guilty under Psychiatric/Psychological stress Duress, to clear their name (who alleges after sentencing and time served, are not Guilty)

3/ Protection available to the 'Guilty' party from the 'Victim' if further court proceedings were to take place

4/ Time frame in which an individual who has pleaded guilty to a crime (under threatening/coercive Duress) to change their plea

5/ Time frame in which an individual who has pleaded guilty to a crime (under psychiatric/Psychological stress Duresss) to change their plea

6/ Whereby the 'Victim' is in fact proven to be the guilty party, what Compensation avenues are there for "wrongful conviction" to the individual who pleaded guilty under duress as the result of 'Victims' threat(s) etc

7/ Whereby the 'Victim' is not proven to be the guilty party, what Compensation avenues are there for "wrongful conviction" to the individual who pleaded guilty under duress due to Psychiatric/Psychological factors supported by the appropriate Medical Specialists

Yours faithfully,

Anthony Jordan

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From: OIA@justice.govt.nz
Ministry of Justice

Kia ora,

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Ngā mihi,

Ministerial Relations and Services

Governance and Assurance

DDI: +64 4 918 8800

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[4]www.justice.govt.nz

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From: Media
Ministry of Justice


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Dear Anthony

 

Thanks for your recent OIA request.

 

The ID is 105308 and due date is 13/07/2023

 

 

Ngā mihi,

Communications Services
Ministry of Justice | Tāhū o te Ture

www.[1]justice.govt.nz

 

 

 

References

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From: OIA@justice.govt.nz
Ministry of Justice

Kia ora Mr Jordan,

Thank you for your correspondence dated 14 June 2023 requesting information concerning pleading guilty under duress.

Pursuant to section 15(1) of the Act I have made the decision to grant your request. I had hoped to provide you with a response to your request today, however, the preparation of this information is taking longer than anticipated. The information will be provided to you as soon as it is ready and without undue delay. I apologise for any inconvenience this delay may cause you.

If you are not satisfied with this response, you have the right to make a complaint to the Office of the Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted by email to [email address] or by phone on 0800 802 602.

Many thanks

Ngā mihi,
Jan

Jan Morison
Team Leader, Ministerial Relations and Services
Governance and Assurance

-----Original Message-----
From: Anthony Jordan <[FOI #23142 email]>
Sent: Wednesday, 14 June 2023 11:51 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Pleading Guilty under Duress due to Threats/Coercion/Psychiatric and Psychological factors

Dear Ministry of Justice,

Please provide the following

1/ The process someone would use, who pleads guilty under threatening/coercive Duress, to clear their name (who alleges after sentencing and time served, are not Guilty)

2/ The process someone would use, who pleads guilty under Psychiatric/Psychological stress Duress, to clear their name (who alleges after sentencing and time served, are not Guilty)

3/ Protection available to the 'Guilty' party from the 'Victim' if further court proceedings were to take place

4/ Time frame in which an individual who has pleaded guilty to a crime (under threatening/coercive Duress) to change their plea

5/ Time frame in which an individual who has pleaded guilty to a crime (under psychiatric/Psychological stress Duresss) to change their plea

6/ Whereby the 'Victim' is in fact proven to be the guilty party, what Compensation avenues are there for "wrongful conviction" to the individual who pleaded guilty under duress as the result of 'Victims' threat(s) etc

7/ Whereby the 'Victim' is not proven to be the guilty party, what Compensation avenues are there for "wrongful conviction" to the individual who pleaded guilty under duress due to Psychiatric/Psychological factors supported by the appropriate Medical Specialists

Yours faithfully,

Anthony Jordan

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From: Anthony Jordan

Dear [email address],

I Sincerely Express no pressure for you to rush this request, would rather prefer the best disclosure possible than partial due to time frames

Yours sincerely,

Anthony Jordan

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From: May, Annie
Ministry of Justice


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Attachment DSC 105302 Jordan response.pdf
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Kia ora Anthony

 

Please find attached a response to your query regarding pleading guilty
under duress.

 

Ngā mihi  

Annie  

   

   

[1]Description: Annie May
http://justice.govt.nz/courts/shared/jus...
Senior
Advisor (Communications)

Ph: 027 291 7573

[2]www.justice.govt.nz

 

 

 

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