Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:
(a) the right to a fair and public hearing by an independent and impartial court:
(b) the right to be tried without undue delay:
(c) the right to be presumed innocent until proved guilty according to law:
(d) the right not to be compelled to be a witness or to confess guilt:
(e) the right to be present at the trial and to present a defence:
(f) the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:
(g) the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:
(h) the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:
(i) the right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.
Section 25: NZ Bill of Rights
This right sets out the basic rules for a fair trial.
The right to be presumed innocent until proven guilty is a fundamental right enshrined in BORA.
People must be presumed innocent until proven guilty, tried without unnecessary delay, given a fair and public hearing by an independent court, and the opportunity to appeal against conviction and sentence.
You cannot be jailed without a trial, and you must have a chance to defend yourself in court.
The Teina Pora Case was a high-profile example of a wrongful conviction. The case was a factor in the establishment of the Criminal Cases Review Commission to investigate potential miscarriages of justice. If a person convicted of a criminal offence believes they have been wrongly convicted or sentenced, they can apply to have their conviction, sentence, or both reviewed and referred on.