Australian Capital eliminates requirement of unanimous jury decisions in criminal trials
The Australian Capital Territory (ACT) government has recently implemented two key changes to its jury laws. Firstly, they have endorsed the acceptance of majority decisions with an 11:1 ratio in criminal trials. Secondly, they have introduced a law that prohibits jurors from conducting their own research during trial proceedings, including online searches.
These changes were prompted by the Bruce Lehrmann trial, which was halted when it was discovered that a juror had conducted unauthorized research. ACT Attorney-General Shane Rattenbury expressed that the acceptance of majority verdicts will help avoid hung juries and the subsequent need for retrials.
Rattenbury stated, “In a diverse community, disagreements can arise, leading to delays, increased costs, and emotional strain for all involved. These reforms aim to ensure an efficient and fair justice system, instilling confidence in our jury system within the community.”
As a direct response to the Lehrmann trial incident, jurors who engage in independent research during a trial could face imprisonment for up to two years. Rattenbury emphasized that such actions jeopardize the defendant’s right to a fair trial, potentially resulting in wrongful convictions.
Furthermore, following a recommendation from a board of inquiry into the Lehrmann case, a new amendment bill was introduced requiring prosecutors to disclose all available evidence and outlining the circumstances in which this disclosure must occur. Additionally, the bill ensures that individuals have the opportunity to present their case to the court when there is a request to use confidential material.
Michael Kukulies-Smith, the Chair of the ACT Law Society criminal law committee, expressed support for these changes, noting that while there are existing provisions to address juror misconduct, having specific offenses outlined reinforces the seriousness of non-compliance to jurors. However, he stressed the importance of unanimous verdicts in ensuring justice is appropriately served.
Overall, these reforms align the ACT with the broader Australian legal framework, which already allows for majority verdicts in trials and criminalizes juror misconduct.
