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 of Tasmania.
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Tasmania does not currently have the option of trial by judge alone unlike NSW, WA, SA and Queensland.
Unless the defendant pleads guilty to an indictable offence, they are entitled to be tried before a judge and jury in the Supreme Court with the jury determining whether they are guilty or not guilty of an offence.
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Judge alone criminal trials provide an alternative to jury trials and may assist in helping to reduce court backlogs. The criminal backlog figure for the Supreme Court as of June 30 was 688. Director of Public Prosecutions Daryl Coates SC reported that delays had a significant impact for victims, accused, witnesses and the quality of justice.
Attorney General Elise Archer said it was hoped to reduce the backlog via a range of reforms that have already passed the Parliament, namely in the Magistrates Court reform package and more recently, the Court Backlog Bill. A number of key legal stakeholders have indicated broad support for the concept of judge alone trials as long as an option for a jury trial is also available.
"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," Ms Archer said.
She said a defendant or the prosecution may apply for a judge only trial but must have agreement of any co accused.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
