Govt aiming to reduce number of jury trials to fix court delays

Justice Minister Paul Goldsmith is proposing changes to how jury trials can be chosen. Photo / Mark Mitchell

The Government wants to hear from the public on its proposals that would mean fewer jury trials occur in an attempt to fix delays in court.

Justice Minister Paul Goldsmith released a discussion document on the Ministry of Justice website so people could give their views on the Government’s efforts to reduce the number of jury trials, which Goldsmith labels “one of the biggest drivers of delays in our courts”.

The Government’s first proposal would increase the offence threshold at which a defendant was able to have a jury trial.

Currently, people could choose a jury trial if they were charged with an offence that had a maximum penalty of two years or more in prison.

The discussion document requested feedback on whether that threshold should be extended to three years or more, five years or more, or seven years or more.

Delays have plagued the justice system, particularly after the Covid-19 pandemic. Photo / NZME

Goldsmith was also considering allowing people more time to decide whether they wanted a jury or judge-alone trial.

“Some defendants are also electing jury trials by default because it is easier to change their mind later in the process, but may not necessarily be the best option for their case,” he said.

“We need to seriously consider these changes as if enacted, all those involved in trials will not have to wait as long for cases to be resolved, allowing them to move on with their lives sooner.”

Goldsmith noted the District Court in particular had been delayed by the increasing number of jury trials. Between 2018 and 2023, jury trials increased from about 2000 to 3400. The average duration of a case jumped from 349 days to 498 days over that time.

Public consultation was set to close on October 11.

Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.