Aastha Thakur
Published on: 21 December, 2022 at 16:56 IST
In a recent ruling, the New Zealand High Court stated that the classification of a deportee as a returning officer and subsequent infliction of special conditions amounts to double jeopardy. It was held unlawful and ultra vires to the New Zealand Bill of Rights Act.
The Court was dealing with the case of a deportee who was sentenced to imprisonment in Australia before being deported back to New Zealand.
Judge Gwyn observed that the Returning Offenders (Management and Information) Act lacks the legislative intent necessary for its retrospective application. It was noted that the legislative did not give explanation on issues of retrospective and double jeopardy while the act underwent statutory review.
The objective as observed by the court was mainly punitive, which is a violation of Section 26(2) of the New Zealand Bill of Rights Act.
The imposed special conditions were:-
(1) required rehabilitation assessments, treatments and programmes;
(2) a prohibition on the use, possession or consumption of prohibited drugs; and
(3) the mandatory delivery of DNA samples, fingerprints and identification to police.
As fir the decision, the High Court directed to destroy the samples of prisoners G or remove them from police database. The determination of G being a returning prisoner must also be quashed.
Double Jeopardy – a legal concept so that a person cannot be tried twice for the same crime – no such principle protects immigrants or deportees from similar double punishment.