Research on Section 16 of the Criminal Justice Act (1985)
Information sheet
Section 16 of the Criminal Justice Act allows an offender who is before the Court
for sentencing to request the Court to hear someone speak on their behalf. The
person called to speak may talk about the ethnic or cultural background of the
offender, how the background relates to the commission of the offence and/or
any positive effects the background may have to help avoid further offending.
Although section 16 has been available for almost 15 years there is little
information about how the provision is used, and the effects that use has. The
information about section 16 collected in this research will contribute to policies
aimed at encouraging positive participation by Mäori and minority ethnic groups
in the Justice system.
There are two components to this research. The first is a written survey focused
on the perceptions and experiences of Judges, Lawyers, Community Probation
Service staff and Community Organisations of section 16.
The second component of this research is 11 in-depth studies of cases where
section 16 was used. Mäori and Pacific Peoples were the focus of nine of these
cases. For the remaining two cases the researchers hope to explore cases that
involved people of ethnic groups other than Mäori or Pacific Peoples. We are
seeking the assistance of Counsel to help with this process.
The project has an advisory group, which includes policy and research advisers
from the Department of Courts and the Ministry of Justice, cultural advisers,
community group representatives, a judge and staff of the Community Probation
Service. The full research findings will be published this year and a summary will
be sent to all participants.
If you have any questions please contact one of the researchers listed below.