House approves amendments to Jury Act

The House of Representatives on Tuesday approved amendments to the Jury (Amendment) (No. 2) Act, to strengthen measures to address jury tampering and safeguard the administration of justice.

Closing the debate, Minister of Justice and Constitutional Affairs Delroy Chuck said the legislation had undergone extensive consultation and was necessary to address situations in which jury tampering threatens the fairness and continuation of criminal trials. He urged members to support the bill, noting that delays in its passage could leave the justice system unable to respond effectively when such incidents arise during ongoing proceedings.

Chuck announced that a joint select committee would be established to undertake a comprehensive review of the Jury Act. He said that, at the next sitting of the House, he would ask the leader of government business and the leader of opposition business to nominate members to serve on the committee, which would examine the legislation and identify areas for improvement.

Chuck said the amendments would clarify the circumstances in which a criminal trial could proceed without a jury when tampering was identified, noting that the judge would be required to give reasons for deciding whether to continue the proceedings alone, discharge the jury or order a new trial, while ensuring that the decision was fair to the accused and consistent with the interests of justice. He also indicated that the requirement for a judge to be satisfied beyond reasonable doubt would be expressly included in the relevant provision.

Addressing concerns about judicial impartiality, Chuck cited deliberations in the United Kingdom and decisions from other Commonwealth jurisdictions, arguing that a judge who had considered allegations of jury tampering was not automatically disqualified from continuing the trial. He further explained that both the prosecution and the defendant could seek a trial without a jury, while an application for severance could be made where co-defendants faced different circumstances in relation to the alleged tampering.