Statutes Amendment (Criminal Proceedings) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 29 August 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (17:01): I rise today to speak in support of the Statutes Amendment (Criminal Proceedings) Bill 2024, which introduces critical updates to our state's judicial processes through amendments to the Courts Administration Act 1993, the Juries Act 1927 and the Sentencing Act 2017. Each amendment thoughtfully enhances our judicial processes ensuring they are aligned with the needs of safety, transparency and accessibility for all involved parties.

Currently, individuals summoned for jury duty may only be excused if they apply for it, citing reasons such recent service, illness, conscientious objection, or a matter of special urgency or importance. The current provisions do not allow a judge to excuse a juror on health or safety grounds without a formal request from the potential juror. This bill closes that gap by allowing a judge to independently excuse a juror when it is necessary to protect health or safety.

This new provision, which introduces section 16A to the Juries Act, empowers our judiciary to address potential risks proactively, an essential measure for maintaining public safety in the court environment. This practical amendment is particularly relevant in light of health challenges we have faced like the COVID-19 pandemic, and is a sensible step to address health and safety risks that may arise in the future.

Clause 3 introduces an amendment to the Courts Administration Act 1993 requiring an annual report on the use of this excusal power, including how often it is exercised and how often applications for court Sheriffs are made. This addition will ensure public accountability, giving South Australians greater insight into the use of judicial discretion in matters concerning juror safety and wellbeing. This transparent reporting framework will strengthen public trust, allowing South Australians to see firsthand how judicial discretion is applied in public safety and welfare matters.

The bill also modernises the Sentencing Act 2017 by expanding audiovisual link access for defendants in the community who consent to attend sentencing remotely. Current provisions allow defendants in custody to appear at sentencing hearings via audiovisual link, if the court deems it appropriate. This bill extends the same opportunity to defendants not in custody, provided they consent.

Expanding audiovisual link attendance allows defendants with valid reasons, such as health reasons or mobility limitations, to engage in their sentencing proceedings remotely, offering flexibility and improving accessibility. This measure reflects our commitment to ensuring that the justice system is more adaptable to the individual needs of defendants, whilst still maintaining the integrity of the sentencing process.

The Law Society has already expressed support for this bill, emphasising its approval of the amendments to the Juries Act. The society's endorsement of these changes underscores the bill's alignment with best practices and its focus on preserving the integrity of the judicial process. The Statutes Amendment (Criminal Proceedings) Bill 2024 amendments strengthen our justice system by prioritising safety, fostering accessibility and ensuring accountability. They reflect a balanced approach that serves the interests of both justice and public welfare. By supporting this bill, we uphold our commitment to a system that is robust, compassionate and responsive to the needs of all South Australians.

The Hon. M. EL DANNAWI (17:04): I rise to speak in support of the Statutes Amendment (Criminal Proceedings) Bill 2024. This bill contains procedural changes to improve the effective functioning of our courts. The bill proposes to amend the Juries Act 1927 to grant judges the power to excuse jurors on health and safety grounds on their own initiative or on application of the Sheriff.

Currently, a juror who has been summoned for jury service can apply to the court Sheriff to be excused for a range of reasons. However, neither the Sheriff nor a judge can excuse a juror unless the juror first applies. This may be an issue if a person wishes to undertake jury service but is unwilling to comply with measures the courts implement to ensure the safety of jurors and others in the courtroom during a jury trial.

This bill would provide a limited power for a judge to excuse a prospective juror on health and safety grounds regardless of the juror's wishes. This can be on the judge's own initiative or on the application of the Sheriff. In practice, it is most likely to occur on the application of the Sheriff, as the Sheriff is responsible for managing persons summoned for jury service. To oversee that this power is used appropriately, there is a requirement to report on the number of applications and the number of times a person was excused.

The bill also amends the Sentencing Act 2017 to broaden the class of defendants who may attend sentencing via AV links (AVL) to cover defendants in the community as well as defendants in custody. AVL attendance at sentencing for an indictable offence is already available for defendants in custody, provided the court considers it appropriate in the circumstances. The bill will also make this option available for defendants in the community where it is appropriate and consented to by the defendant. This will allow greater flexibility for defendants in the community to attend their sentencing remotely. There are many reasons that a defendant may need to attend sentencing remotely; some common ones are mobility concerns or caring responsibilities. Bringing this change will increase the accessibility of our justice system to these people.

Section 14(5) of the Sentencing Act 2017 provides that the court must ensure that the defendant is present when a victim impact statement is read out, if the victim so wishes. The prosecution can make known to the court the victim's wishes as to their presence at sentencing, and this will be part of the court's consideration as to whether the application is appropriate. I commend the bill to the chamber.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:07): I wish to sincerely thank those who have contributed to this important bill and I look forward to the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:09): I move:

That this bill be now read a third time.

Bill read a third time and passed.