Personally I think America would get safer if they made some changes to the 2nd amendment that, so people would stop raving on about their right to conduct…

The problem is that you want a…

Or a bit more refined because we aren't stuck with the way things were done in 1800

Indeed, you will hear many Americans complain that their ossified constitution is often more of a hindrance than a help. There are some mighty Byzantine things done in the US purely because they…

Plus, I note our Parliament seems to handle "no confidence" motions easily enough...

The US doesn't have no-confidence motions of course, because the executive doesn't have to retain the confidence of the legislature. In some ways the Clinton trial was a proxy for a no-confidence motion, though with the Republicans…

Clinton was "tried" by the legislature rather than the judiciary, who can hardly be expected to give a fair trial to a political opponent.

In America, where judges are often elected, or appointed along political lines, this is also sometimes true of the judiciary.

Clinton was "tried" by the legislature rather than the judiciary, who can hardly be expected to give a fair trial to a political opponent.

The Senate trial wasn't a criminal trial, but a trial to see whether Clinton should be removed from office – by its very nature it's political.…

Come on Graeme. I expect better of you.

The Clark case was not a case of forgery, what was forged? neither the painting nor the signature.

The police determined that it there was sufficient evidence to charge Clark with forgery over the matter, but elected not to prosecute because there…

the decision not to charge Helen Clark over the art forgery?

Come on Graeme. I expect better of you.
The Clark case was not a case of forgery, what was forged? neither the painting nor the signature.
The fact of the matter is Ms Clark autographed the back of a…

I had understood that the issues being raised were around the Whitewater grand jury investigation, and had nothing to do with the impeachment.

Clinton was found in civil contempt for his false testimony in the sexual harrassment case, and was fined $90,000.

Ah OK.

Wikipedia says the false testimony was…

I think that the US abuse of compelled testimony, prosecution by politicians and the investigation of non-crimes (such as in the McCarthy and Clinton cases) has rather discredited the Grand Jury, at least under that name.

Didn't Clinton lie under oath at a hearing of a sexual harassment case? And…

I suspect our only body run along inquisitorial lines will remain the Waitangi Tribunal.

NOBODY expects the Waitangi Tribunal!
Our chief weapon is surprise...surprise and fear...fear and surprise.... Our two weapons are fear and surprise...and ruthless efficiency.... Our *three* weapons are fear, surprise, and ruthless efficiency...and an almost fanatical devotion…

That is not its purpose.

Hence the hypothetical. But I'm glad to hear it.

The trial judge in the harrasment case at a fairly early stage ruled that, even if Clinton had behaved as alleged, he hadn't committed any offence. Consensual sex between adults is not a crime, or even a tort, in…

For one thing such a body would have too little to do in New Zealand which would lead to inevitable function creep.

According to its annual report:

During the year, the Authority received 2073 complaints and accepted 1690 for investigation1 (either by the Authority or by Police under the Authority’s…

Has NZ ever considered having an independent prosecutor in the Scottish fashion?

It gets mentioned occasionally, but I don't believe it's received serious consideration.

Or indeed going further and having an investigating magistrate after the fashion of Continental Europe?

Far less likely. The possibility that an inquisitorial system might be…

If the purpose of the PCA is simply to recommend conviction or not, then the police have lost a powerful tool for internal improvement.

That is not its purpose. Indeed, it often waits (waited?) for criminal proceedings to be completed before making its reports.

A properly independent review of controversial…

Has NZ ever considered having an independent prosecutor in the Scottish fashion? Or indeed…

the then Police Complaints Authority (which may still be ongoing?)

The PCA completed their investigation, and found that Abbott's shooting was justified. Just like every other investigation. The IPCA has now opened its own investigation, with a purview that includes whether or not all options were pursued, amongst other things.…

How about the people directly affected by the actions of the individual being investigated?

So Steven Wallace could have for being shot (if he'd lived), but his family cannot (given that he didn't)?

Why could no-one have challenged a hypothetical decision not to charge Phillip Field, if they thought the…

Feelings that police are protecting their own, or are bowing to political pressure, are best avoided, but they should not be avoided by the "prosecute first, ask questions later" solution some seem to be proposing.

G.,
Regarding the first half of this, do you not think that the possibility of…

There would also be inherent problems given the scope of judicial review – it generally only looks at process and legality, and in reviews of prosecutorial discretion you may really just be looking at people who disagree with the decision.

I thought that the scope also extended to the substance…

I am also interested in your thoughts on Depositions

At the moment they seem to be mostly used as a fishing expedition by the defence and seldom is there a verdict of "no case to answer"

The main utility of depositions isn't about getting to a finding of no case…

I am also interested in your thoughts on Depositions
At the moment they seem to…

Is a decision not to prosecute subject to judicial review?

It is not.

If not, would it be appropriate to make it so?

I'm not sure that wouldn't be a much bigger change.

There would also be inherent problems given the scope of judicial review – it generally only looks…

Also am I right in thinking that a private prosecution has a lower standard of proof than…