32.Section 8 sets out restrictions which apply to the exercise of the Commissioner’s functions. Subsection (1) prevents the Commissioner from acting in relation to individual cases. “Individual case” is defined in subsection (5) as including a particular victim or witness, particular proceedings, or anything done in a judicial capacity. Subsection (2) provides that, despite that restriction, the Commissioner may consider individual cases and their impact on matters relevant to the Commissioner’s functions. This means that while the Commissioner may, for example, consider how a criminal justice body’s actions in relation to a particular case demonstrate their adherence to trauma-informed practice, the Commissioner may not intervene in that case. Subsection (3) prevents the Commissioner from acting in a way that adversely impacts on the independence of any of the criminal justice bodies, whether that independence is protected by statute or otherwise.
33.Subsection (4) allows the Commissioner to act in relation to events that took place before the section came into force, where relevant.
Crown Application Functions and powers Section 8 – restriction on exercise of functions