Changes to Jury Trial Systems Planned
The government is planning significant changes to jury trials. It intends removing the current requirement for unanimous verdicts, and allow an 11 to one outcome instead. The move would bring NZ into line with countries like Australia, England and the United States. The changes are intended to reduce the high number of hung juries, and to prevent so-called "rogue jurors" unduly influencing a verdict.
Other changes include the provision for some trials to be heard by a judge alone, for example, where there is gang involvement, to avoid to potential for juror intimidation.
Under the planned law, juries may also be eliminated in complicated and lengthy fraud cases. These would be cases likely to last more than a month, or where the evidence would probably be too difficult for many people to understand. The defence or prosecution would be able to apply for a judge-alone trial.
The proposed new law would also overhaul conditions for jurors. Anyone called up for jury service will be able to defer it for a year for work or personal reasons. Fines for people deliberately trying to avoid jury service would go from $300 to $1000. It would also be against the law for employers to discriminate against any worker called to serve on a jury.
The proposals follow recommendations made by the Law Commission in 2001. In its report, the Commision said that in 2000, 13 per cent of cases heard at the High Court resulted in a hung jury on one or more of the charges being heard.
The proposed changes will need new legislation. It's planned to introduce a "Criminal Procedures Bill" to Parliament before the middle of the year, with changes planned to take effect from next year.
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The Ministry of Agriculture and Forestry
Pastoral House
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PO Box 2526, Wellington
Tel: 0800 00 83 33
Fax: +64 4 894 0720
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