Photo: RNZ / Dan Cook
Defence lawyers say they are doing what they can, to give their clients the best chance of a fair sentence following cuts to funding for background and cultural reports, but it is taking its toll. Under Section 27 of the Sentencing Act an offender can ask the court to hear their background, the way that background may have related to the offence, any efforts to resolve the offending and what further support could be available to help prevent further offending.
The wording of the Act is that the court "hears" this information, but in reality this was mostly provided as a written report, penned by a professional who charges for it, and is paid via legal aid. The National Party had campaigned on ending funding for the reports, saying about 2500 were produced during 2023 at a cost of $7.5 million. The party said too much money was being spent on the reports, fuelling a "cottage industry" that was producing reports which lead to inappropriate sentence discounts.
When National was elected they fulfilled that campaign promise and removed the ability for reports to be funded via legal aid in March last year. Emma Priest has more than 20 years' experience in criminal law, working as both a Crown prosecutor and a defence lawyer.
She acts for defendants facing serious charges in the criminal courts including those on Legal Aid who have often come from backgrounds of poverty, deprivation and disadvantage.
