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With over six million cell phone connections and over 17.5 billion call minutes and texts used by New Zealanders in 2019, it is highly likely every criminal case has associated cell phone data. Yet cell phone data is rarely used by the defence lawyers in criminal cases. This module will give a taste of the potential cell phone data offers as a forensic tool in criminal cases.
When a new forensic tool emerges, there is lead time before it is widely used primarily because lawyers do not understand the potential it offers. In the case of cell phone data New Zealand appears to be slower than a number of other countries (eg America, the United Kingdom, Australia etc), as cell phone data is widely used in criminal cases overseas.The New Zealand Police are increasingly using cell phone data to corroborate or dispute evidence as they begin to understand its potential. In contrast, defence lawyers are primarily reacting to Police use of cell phone data and in the process missing out exploiting the full potential of cell phone data.
This module will highlight how cell phone data can be used in criminal cases and will cover:One of the fundamental tenets of the rule of criminal law is the right to a fair trial. Knowing the case against your clients through an effective disclosure process constitutes a key foundation for this right. This module will be of value whether you are representing the prosecution or defence.
Matt and Shane will provide an overview of the functionality of the criminal law disclosure process and consider strategies and tools that you can employ when dealing with disclosure-related issues.
Topics covered will include:
This module is aimed at defence lawyers and will help ensure that you are fully conversant with opportunities to assist your clients to minimise time in custody by applying for a community sentence coupled with drug and alcohol abstinence conditions.
These are not new provisions, but the opportunity to use them has expanded now as testing resources are available throughout the country, making this a viable option for many of your clients.
In particular, this module will cover:
One of the first questions your clients will typically ask is whether they are likely to get bail when charged with an offence. This module will provide you with an update on the fundamentals of making bail applications and dealing with a variety common bail related issues.
This module will include: