Jury reforms seek to minimise need for retrials
Reforms to improve the operation of jury trials and reduce the occurrence of retrials in the ACT will allow majority verdicts and create a new offence for juror misconduct.
“In a diverse community people may not always agree, resulting in hung juries. This not only causes delays and increased costs, but also added emotional strain for victims, accused and others involved in the proceedings,” said ACT Attorney General Shane Rattenbury.
“Retrials may not always be possible or appropriate, which itself can increase the suffering of victims.
“With these reforms, majority verdicts in criminal cases will be permitted when 11 out of 12 jurors agree on the verdict, the jury has deliberated for at least six hours, and the court believes the jury won’t reach a unanimous verdict,” said Mr Rattenbury.
Every other Australian jurisdiction has a system for majority verdicts and this move will bring the ACT in line.
The reforms also create a new offence for juror misconduct – making it illegal for jurors to inquire about trial matters or ask someone else to do so without court authorisation. This new offence will carry a maximum penalty of two years imprisonment.
“If a juror relies on their own information, it undermines the defendant’s right to a fair trial. This is particularly relevant in situations where an innocent person could be found guilty of an offence due to a juror relying on information found in that juror’s own unauthorised inquiry,” Minister Rattenbury said.
“Further, this could result in a mistrial, causing both time delays and increased costs, on top of the potential for re-traumatising victims and others involved.
“Introducing this offence makes clear to jurors, and the community, both the importance of jurors not conducting their own inquiries, and the serious consequences for making an inquiry without the authorisation of the court,” Minister Rattenbury said.
Seven further amendments in the Bill will ensure the ACT’s laws are up-to-date and support the efficient and effective functioning of the ACT criminal justice system, including clarifying the Courts ability to impose a fine, and requiring a further review of the Confiscation of Criminal Assets Act by August 2026.
“These reforms follows in-depth consultation with internal and external stakeholders on the complexity of the amendments,” Minister Rattenbury said.
