House approves amendments to act to address jury tampering

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.

The minister explained that the proposed amendments reflected consultations involving the technical team, the Law Reform Department, the Attorney General’s Chambers and the General Legal Council, alongside consideration of cases and legislative approaches in other Commonwealth jurisdictions.

He said the bill was withdrawn in March to address concerns raised by the Opposition and was subsequently tabled on June 30, with further revisions made following discussions with the Opposition Leader.

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, the minister 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.

Chuck acknowledged that the legislation could be improved and said the proposed joint select committee would provide an opportunity for a broader review of the Jury Act later this year and into next year.

He maintained, however, that the immediate passage of the amendments was necessary to give the courts greater flexibility to respond to jury tampering without allowing criminal proceedings to be unduly delayed.

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