Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
20 July 2023
Anthony Jordan
[FYI request #23142 email]
Ref: DSC 103868
Tēnā koe Anthony
Pleading guilty under duress
Thank you for your email of 14 June 2023, requesting under the Official Information Act (the
Act), information regarding situations where someone has pleaded guilty under
duress/compulsion.
While the Ministry is providing you with the response below, it does not consider it to be a
response under the Act.
Section 115(1) of the Criminal Procedure Act 2011 provides that a guilty plea may be
withdrawn, by leave of the court, at any time before the defendant has been sentenced or
otherwise dealt with. The defendant may consider that a miscarriage of justice has arisen
because they pleaded guilty to a criminal charge under improper pressure. They may be
able to:
•
appeal their conviction; or
•
apply to Te Kāhui Tātari Ture Criminal Cases Review Commission (CCRC) to
refer their conviction to an appeal court for further consideration.
Generally, a conviction will not be overturned following entry of a guilty plea unless
exceptional circumstances apply. More information on how guilty pleas are approached by
the criminal courts and the CCRC can be found in the CCRC’s position paper on guilty pleas
(ccrc.nz/assets/Position-Papers/Position-paper-guilty-pleas-final.pdf)
The government may, in its discretion, decide to compensate someone who has been
wrongly convicted and served a sentence of imprisonment or detention, by making an ex
gratia (voluntary) payment. A person is treated as ‘wrongly convicted’ if they have received a
free pardon in respect of the offence, or if their conviction has been set aside by a court and
no further proceedings can be brought against them in respect of the offence (for example,
because no retrial was ordered). In order to receive compensation, the applicant must show
that they are innocent of the offences of which they were wrongly convicted. Guidelines, as
agreed by Cabinet in 2023, can be found at: justice.govt.nz/assets/Documents/Publications/
2023-Compensation-Guidelines-for-Wrongful-Conviction-and-Detention_28.02.23.pdf
Finally, you mentioned a scenario where someone may require protection during a
proceeding. Protection from harassment is available to anyone who applies to a court for a
Restraining Order. For those who are or who have been in a domestic relationship with the
person, they should apply to the Family Court for a Protection Order. Non-Contact Orders
are available to victims of violent offences where the offender has been released from prison
after a conviction of more than two years. More information can be found at:
justice.govt.nz/courts/civil/restraining-orders.
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
You have the right to make a complaint to the Ombudsman under section 28(3) of the Act.
The Office of the Ombudsman may be contacted by email at
[email address] or by phone on 0800 802 602.
Nāku noa, nā
Alida Mercuri
General Manager, Criminal Justice Policy