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Canterbury Police Gazette, Volume I, Issue 10, 3 May 1864, Page 40

From General Government Gazette

No. 8, March 3, 1864

The law in reference to criminal prosecutions is the same in New Zealand as in England, some person m all cases is or ought to be bound over to prosecute, and that person has a right to conduct the prosecution in the Supreme Court, or to employ a solicitor and counsel to do so. It has been thought advisable not to alter the law here, but having regard to the difference of circumstances between England and New Zealand, there are certain details for which some special provision should be made, and especially specific instructions given to those whose duty it is to conduct prosecutions both before Justices of the Peace and in the Supreme Court. The following regulations will for the future be acted on : 1. In all prosecutions, except in special cases, where solicitors are employed by direction of the Government or by prosecutors, the management of the case in the usual manner, before Justices of the Peace, will be left to the Police. 2. An allowance will be made to prosecutors and witnesses of expenses actually and necessarily incurred by them in attendance before Justices, the amount to be fixed by the committing Justices immediately after the hearing of the case, and a certificate granted. The amount stated in the certificate will be paid on presentation at the Colonial Treasury or Sub-Treasury. 3. The Committing Justice or his clerk shall ascertain from the prosecutor, as soon as a committal for trial takes place, whether he intends to take charge of the conduct of the prosecution, or authorises a solicitor, appointed by the Crown, to act on his behalf.

4. If the prosecution is left to such solicitor, the committing Justice or his clerk will make a memorandum on the depositions to that effect, and forthwith transmit them to the Registrar of the Supreme Court of the district in which the trial is to take place 5. On receipt of the depositions, the Registrar will cause a copy to be made without delay, and transmit the same to the Crown Solicitor for the district.

6. It will be the duty of the Crown Solicitor to carefully consider the depositions at once, and prepare the case for the Supreme Court, taking special care that any additional witnesses that can be obtained in support of the case ore subpoenaed. The police will render assistance in serving subpoenas. 7. The Crown Solicitor, or Counsel employed by him, will conduct the prosecution at the trial. The police will render assistance in procuring the attendance of witnesses, and having them ready to be examined when required, but the solicitor will be responsible that this duty is properly performed. 8. It will be competent for the Judge presiding at the trial to give such directions as he may think fit as to the disallowance of the whole or any part of the costs of the prosecution, including allowances to witnesses.

9 ‘ Subject to such directions, the solicitor who has conducted the prosecution, whether at the instance of the prosecutor or of the Crown, will make out a bill of costs, including allowances to witnesses Su P reme Court’at the m tT 1 take ?.P lace will tax the bill jJZ’ g T S t 0 a ? y dlrections the presiding amofut hav , e g lven ’ and grant a certificate of thl amount allowed m each case.

11. The amount allowed to the Crown Solicitor will be according to the following scale, and the amount specified in such certificate will be paid at the Treasury or Sub-Treasury on presentation of the certificate to the solicitor having charge of the prosecution, who will pay the witnesses their allowances. Proposed Scale of Costs in every case— Solicitor preparing case for and attending £ s. d. trial ... ... ... ••• ... 22 0 Counsel’s fee on trial ... ... ••• 22 0 When subpoena required, same to be issued by solicitor and served by police. Costs allowed Solicitor as follow Attendance for each subpoena ... ... 0 3 4 Each copy... ••• ••• ••• ••• 0 1 0 Instructing police as to service ... ... 0 3 4 Fred. Whitaker. Attorney G-eneral’s Office, Auckland, Feb. 23, 1864.