A FRESH avenue of appeal for convicted criminals is finally within sight, with the government set to table new laws on Thursday. The proposed laws give a convicted person a new appeal option if "fresh and compelling" evidence comes to light after their normal appeal rights have been exhausted. Attorney-General Vanessa Goodwin said that since 2008 prosecutors had been able to seek a retrial based on fresh evidence or evidence of a tainted outcome. Dr Goodwin said it was only fair that a convicted person be afforded the same opportunity. The proposed laws have been at least 12 months in the making, with a draft bill taken to the public and the legal fraternity for consultation six months ago. As it stands, if new evidence emerges after a convicted person's appeal rights before the courts have been exhausted, the only option left is to petition the Attorney-General and Governor for mercy. "It is the government's view, and that of many in the community, that this is not the right process," Dr Goodwin said. "Appeal decisions should be made by the courts, not executive government." Under the amendments to the Criminal Code Act 1924, if a convicted personal can convince the Court of Criminal Appeal there is fresh and compelling evidence, the court may order an acquittal or retrial. Supporters of convicted murderer Susan Neill-Fraser have been vocal in campaigning for such changes, as part of a long-running bid to quash her conviction or secure a retrial. Other high-profile advocates have argued that the laws will help stop innocent people languishing in jail. The bill would only apply to the most serious crimes including murder, rape and kidnapping. The proposed laws mirror similar legislation introduced in South Australia in 2013, which the Tasmanian government has been watching closely. "These right to appeal provisions are yet another way that the Liberal government is identifying and addressing shortcomings in our legal system," Dr Goodwin said.
A FRESH avenue of appeal for convicted criminals is finally within sight, with the government set to table new laws on Thursday.
The proposed laws give a convicted person a new appeal option if "fresh and compelling" evidence comes to light after their normal appeal rights have been exhausted.
Attorney-General Vanessa Goodwin said that since 2008 prosecutors had been able to seek a retrial based on fresh evidence or evidence of a tainted outcome.
Dr Goodwin said it was only fair that a convicted person be afforded the same opportunity.
The proposed laws have been at least 12 months in the making, with a draft bill taken to the public and the legal fraternity for consultation six months ago.
As it stands, if new evidence emerges after a convicted person's appeal rights before the courts have been exhausted, the only option left is to petition the Attorney-General and Governor for mercy.
"It is the government's view, and that of many in the community, that this is not the right process," Dr Goodwin said.
"Appeal decisions should be made by the courts, not executive government."
Under the amendments to the Criminal Code Act 1924, if a convicted personal can convince the Court of Criminal Appeal there is fresh and compelling evidence, the court may order an acquittal or retrial.
Supporters of convicted murderer Susan Neill-Fraser have been vocal in campaigning for such changes, as part of a long-running bid to quash her conviction or secure a retrial.
Other high-profile advocates have argued that the laws will help stop innocent people languishing in jail.
The bill would only apply to the most serious crimes including murder, rape and kidnapping.
The proposed laws mirror similar legislation introduced in South Australia in 2013, which the Tasmanian government has been watching closely.
"These right to appeal provisions are yet another way that the Liberal government is identifying and addressing shortcomings in our legal system," Dr Goodwin said.
