House Opens Debate on Legislation to Address Jury Tampering

The House of Representatives, on Tuesday (October 6), opened debate on the Jury (Amendment) (No. 2) Bill, which seeks to strengthen measures to address jury tampering.

Piloting the debate, Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck, said the Bill seeks to empower judges, in cases where jury tampering is suspected or detected, to discharge a jury and continue the trial without one, or alternatively, terminate the proceedings and order a retrial.

He explained that the legislation is intended to provide a practical response to the urgent and persistent problem of jury tampering.

Minister Chuck explained that Section 45 of the Jury Act currently outlines the circumstances that warrant the discharge of an empanelled jury.

These include circumstances where a judge is satisfied that there is no reasonable likelihood of the jury reaching a verdict; where a juror falls ill during a trial, reducing the number of jurors by more than one; and where a jury has been discharged and a new trial ordered, but a juror from the previous trial is included in the new panel.

Mr. Chuck noted that the Act does not currently provide judges with the discretion to proceed with a trial without a jury after an empanelled jury has been discharged.

“This gap within the law can have fatal consequences for the timely conclusion of a matter. This is concerning, specifically in circumstances where jury tampering is a very real and present danger within our judicial system and, by extension, our society,” he said.

The Minister emphasised that the legislation is not intended to eliminate trial by jury.

“Additionally, upon further discussion with the relevant stakeholders, including the Attorney General’s Chambers and the Office of the Director of Public Prosecutions, it is no longer believed that the jury tampering provisions should be deferred or delayed for the consideration of a Joint Select Committee. There remains an urgent need for these provisions and, in their absence, the justice system will continue to be plagued by related difficulties,” he said.

Mr. Chuck indicated that the provisions of the Bill introduce carefully balanced reforms that preserve the central role of the jury while providing the courts with the necessary tools to ensure that justice is done.

The debate on the legislation is expected to continue during the next sitting of the House.

Meanwhile, Mr. Chuck proposed the establishment of a Joint Select Committee of Parliament to review the Jury Act.

“We are going to invite the public to make submissions on whether or not we should keep the jury or whether we should disband the jury… so that it is a public decision. I know there are many persons, including the Chief Justice, who are asking for juryless trials, and it is a matter that this parliament must consider and make a decision on,” he stated.