News
New Zealand lawyers advise on UK criminal law change project
New Zealand lawyers have been assisting with research for a UK project aimed at getting the British Government to change laws that will impact anti-terrorism measures.
The project is centred on the use of intercept evidence in criminal trials and has been prompted by concerns about anti-terrorism measures. Intercept evidence includes intercepted phone calls, emails, text messages and conventional post obtained by law enforcement and intelligence agencies.
Current UK law prevents intercepted communications being used in criminal trials because of concerns that it may disclose intelligence-gathering methods and prejudice national security.
JUSTICE, the UK division of the International Commission of Jurists, is concerned that the ban prevents terrorism suspects and others from being brought to trial and has been used to justify limits on human rights. The organisation says it also wants the government to change the law to give "prosecutors the ammunition they need to prosecute suspected terrorists in the criminal courts" and says it has widespread support from the police and legal fraternity for the move.
London-based JUSTICE engaged UK law firm Freshfields to prepare a report on the relevant law around intercepted communications in seven countries, including New Zealand.
Bell Gully Senior Associate Simon Ladd, who has worked at Freshfields, was contacted to see if Bell Gully could assist with the New Zealand research.
The firm's litigation team undertook the interesting assignment on a pro-bono basis. Simon oversaw an intensive three-week research project into the New Zealand position which also involved initial input from Senior Associate Naomi Cervin. Solicitor Stephanie Bonney carried out the bulk of research, analysis and drafting.
The research showed that in contrast to the British position, intercepted communications are generally admissible evidence in New Zealand, although there are "public interest" exceptions. The Bell Gully team's work has now been included in JUSTICE's report to the British Government which recommends lifting the current ban. The report shows the UK is the only common law country to prohibit completely the use of intercept evidence.
Simon says the project has been a fascinating one and there are indications that law reform is on the horizon as a result.
"Opportunities to be involved in projects such as this – where the ultimate result could be a significant change in law in a major jurisdiction such as Great Britain – are rare and certainly not everyday fare for commercial lawyers. We were pleased to be chosen to work on the New Zealand research," he says.
For more information, please contact:
Josephine Gallagher
Senior Marketing and Communications Manager
Bell Gully
64 9 916 8664 or 021 190 3185
Simon Ladd
Senior Associate
