Elise Archer,Attorney-General
Minister for Justice
The option of a trial by judge alone without a jury in the Supreme Court, subject to appropriate safeguards, will now be available in Tasmania following the passing of the Criminal Code Amendment (Judge Alone Trials) Bill 2021 by both Houses of Parliament.
The introduction of trial by judge alone will align Tasmania with most other Australian jurisdictions, and the Supreme Court will now undertake the necessary administrative processes for judge alone trials to commence as an option.
Judge alone criminal trials provide an alternative to jury trials and may assist in helping to reduce court backlogs, along with allowing for greater choice, for example, where a defendant elects, and better access to justice for Tasmanians.
Along with better access to justice, judge alone trials can also take account of physical distancing requirements as a result of COVID-19.
This adds to the Supreme Court’s recent announcement that it will resume conducting jury trials in Hobart, Launceston and Burnie on the 28 March 2022, following the Court’s decision to suspend jury trials late last year as a result of COVID-19.
It is essential that our criminal justice system is able to deliver outcomes for both victims of crime and people on remand for indictable crimes, and the passage of this Bill complements the important reforms we have progressed in recent years to reduce criminal court backlogs.
