Through our casework, we may identify patterns or recurring issues that may contribute to miscarriages of justice.These broader issues are known as systemic issues.

The Criminal Cases Review Commission (CCRC) Act 2019 gives us the ability to identify and report on systemic issues within the criminal justice system.

What is a systemic issue?

A systemic issue is a broader problem within the criminal justice system that may affect more than one case.

It may relate to how evidence is gathered, interpreted or presented in court, or how certain procedures are carried out.

How we identify systemic issues

Systemic issues may become apparent:

  • During the review of individual applications
  • Through analysis of case trends
  • Through engagement with the justice sector

Where appropriate, we may undertake further work to better understand the issue.

Inquiry into eyewitness identification evidence

We are currently conducting an Inquiry into eyewitness identification evidence in Aotearoa, New Zealand. 

The Inquiry is examining whether current identification practices meet best practice standards and whether improvements are needed.

What happens next

When we identify a systemic issue, we may:

  • Share information with relevant agencies
  • Publish position papers
  • Undertake further inquiry
  • Make recommendations aimed at reducing future risk

We do not direct other agencies. However, we can highlight areas of concern and contribute to strengthening the justice system.

Why this matters

Identifying systemic issues helps reduce the risk of future miscarriages of justice. It supports public confidence in the fairness and integrity of the justice system.