Criminal Jury Trials Bench Book
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The Criminal Jury Trials Bench Book provides guidance and tools for criminal trial judges. It is not law itself. It is written by judges for judges to assist them prepare their directions and summings-up in criminal trials. Its purpose is to support judges to identify for a jury the key questions that the jury must address in reaching their verdict. The Criminal Jury Trials Bench Book contains commentary, question trails and specimen directions for judges to adapt to the facts and issues in each particular case. It is being made publicly available to promote transparency into, and understanding of, court processes and with the hope that the legal profession and the wider public may also find it useful. |
View the Criminal Jury Trials Bench Book
View the recent updates to the bench book
View the how-to-video to learn how to use and navigate the bench book.
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Content warning
The Criminal Jury Trials Bench Book discusses criminal offences and offending, and includes reference to violence, sexual abuse and drug use. Reader discretion is advised, as the content may be distressing to some people.
Frequently Asked Questions
Who writes the bench book?
The bench book is written by criminal trial judges. It is overseen by a judicial editing committee, comprised of High Court and District Court judges, supported by legal staff from Te Kura Kaiwhakawā. The editing committee is responsible for reviewing and updating the bench book and it releases updates to the bench book four times a year.
Do judges have to follow what the bench book says?
The bench book is a guide only and is one of many resources that judges may choose to refer to. It is not law itself and is not intended to develop the law. It is intended to assist judges in the preparation and conduct of criminal jury trials. The bench book has no more authority than any other commentary—it does not bind judges and does not have the equivalent authority of a judicial decision.
The specimen directions and question trails contained in the bench book are based on New Zealand statutes and case law, especially that of the Court of Appeal. The specimen directions contained in the bench book are guidelines only and need to be tailored by judges appropriately to the facts and legal issues of the particular case.
The specimen directions are intended to remind judges what has to be said and suggest a way they can say it. However, judges are free to direct the jury as they think fit, with or without reference to the bench book, provided their directions are in accordance with the law. If a judge does not make a direction consistent with the bench book that is not, of itself, an appealable error of law.
When was the bench book last updated?
The bench book is continually reviewed and updated. Updates to the bench book are released four times a year. You can read what has changed in the “Update history” at the start of the bench book.
The entire bench book was reviewed and revised in 2021. Content that has been updated since 2021 is identified by the “Last updated” note at the bottom of the topic. If a topic does not have a “Last updated” note you can assume it is up-to-date as of 2021.
Will Te Kura Kaiwhakawā publish more bench books?
Yes, Te Kura Kaiwhakawā is working on publishing Te Puna Manawa Whenua | the Māori Land Court Bench Book in early 2025, followed later that year by the Sexual Violence Trials Bench Book and Kia Mana te Tangata | Judging in Context: A Handbook.
I used to access the question trails on the Courts of New Zealand website. Where are the question trails now?
All of the question trails that were previously published on the Courts of New Zealand website are contained in Chapter 5 of the bench book.
You used to publish a separate PDF document of the sexual violence misconceptions directions on the Courts of New Zealand website. Where has that gone?
The sexual violence misconceptions directions are contained in Chapter 7A of the bench book. The content in Chapter 7A is exactly the same as what was contained in the previously available PDF document of the misconceptions directions.
Can I access the cases cited in the bench book?
You can look up cases cited in the bench book on publicly available databases, like Judicial Decisions Online or NZLII. Some of the cases cited in the bench book are only available in private commercial subscription legal databases. If you have a paid subscription to those databases you can look the case up. Te Kura Kaiwhakawā does not provide copies of cases or documents cited in the bench book.
Why do some cases have “Decision restricted” instead of a case name?
“Decision restricted” means that a case is subject to a non-publication order made by a court to protect fair trial rights and cannot be published on the internet. In these cases we have redacted the name of the case. You can still look up the case using the citation in a subscription legal database.
Can I download and print the bench book?
You cannot download the entire bench book.
Because the bench book is updated so frequently we recommend extracts from the bench book are only printed when required, to avoid reliance on outdated material. Watch the How-to video for easy instructions on how to how to print extracts from the bench book, as well as other useful navigational tips.
Can I give feedback about the bench book?
Yes, the editing committee welcomes comments or suggestions about the bench book. Feedback can be sent to TeKura@justice.govt.nz