PREMIER ANNOUNCES SIGNIFICANT NEW LAW REFORMS

The State Government will introduce ‘judge only’ trials and majority verdicts for juries under proposed changes to Queensland’s criminal justice system, Premier Anna Bligh announced today.

Ms Bligh said the reforms would help create a more robust and equitable justice system.

“One of the cornerstones of our legal system is that all persons brought before the courts should be able to receive a fair trial,” Ms Bligh said.

“If at all possible, this should be a trial by a jury of one’s peers.

“However, in a small number of cases, it may be useful to have a matter heard by a judge sitting alone. There may be cases that are of such complexity or such notoriety that a judge may be better placed to hear the matter.

Attorney-General and Minister for Justice Kerry Shine said a number of other states made provision for ‘judge only’ trials and that such a move was not out of step with national and international practice.

“The criminal justice system in Queensland must remain dynamic. Ensuring that we have mechanisms at hand to respond to a range of situations for both prosecution and defence is important,” Mr Shine said.

“The system we are considering is similar to the model used in Western Australia where a ‘judge only’ trial can only take place after an application by either the prosecution or defence. Such an application will then be determined by a judge on the merits of the case.

“In trials where the prosecution applies for a ‘judge only’ trial, it will only proceed if the accused consents.

“We believe this initiative will ensure our system of justice can strike a greater balance between the rights of the accused, the right of victims of crime and the courts’ capacity to ensure trials proceed in a timely and appropriate manner.”

Ms Bligh and Mr Shine also announced that legislation would be amended to allow majority verdicts in some jury trials.

“The introduction of majority jury verdicts brings Queensland into line with the majority of other Australian jurisdictions and may also help reduce the number of hung juries in Queensland,” she said.

“It would only be considered if a jury cannot reach a unanimous decision after a long deliberation - where one juror dissents after a deliberation of more than eight hours,” she said.

“If at that time, after the judge considers the deliberations of the jury to be genuinely locked a majority verdict can be accepted by the court as long no more than one juror is in dissent.

“In the case of trials for the most serious criminal offences - which carry a mandatory life sentence - unanimous verdicts would be retained.

Mr Shine said the amendments to the Jury Act 2005 and the Criminal Code would be introduced into State Parliament next week.

18 August, 2008

Contact: Premier’s office 3224 4500