The Tasmanian Government is seeking public comment on draft legislation to allow for the option of criminal trials to be held without a jury in the Supreme Court with appropriate protections.
Tasmania does not currently have the option of trial by judge alone. Unless the defendant pleads guilty to an indictable offence, they are entitled to be tried before a judge and jury in the Supreme Court of Tasmania, with the jury determining whether they are guilty or not of an offence.
Judge alone criminal trials provide an alternative to jury trials and may assist in helping to reduce court backlogs, along with a range of reforms that have already passed the Parliament, namely in the Magistrates Court reform package and more recently, the Court Backlog Bill. They can also allow for better access to justice while taking into account physical distancing requirements as a result of COVID-19.
The introduction of the option for a judge alone criminal trial would also bring Tasmania into line with most other Australian states.
A number of key legal stakeholders have indicated broad support for the concept of judge alone trials in Tasmania as an option.
I will also be looking to consult on the instances in which the option for a criminal trial without a jury may be considered, mainly based on work already commenced in other jurisdictions. This would include that the defendant or the prosecution may apply for a judge only trial; that the accused and any co-accused must consent; that a judge may make an order if it is “in the interests of justice” to do so; and that a judge in a judge only trial can make any finding that a jury can.
Visit the Community Consultation website to have your say.
Elise Archer, Attorney-General and Minister for Justice
