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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-02-05 Daily Xml
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Statutes Amendment (Criminal Proceedings) Bill

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Climate, Environment and Water, Minister for Industry, Innovation and Science, Minister for Workforce and Population Strategy) (17:25): I move:

That this bill be now read a second time.

This is a piece of legislation that has come down from the Legislative Council, from my good friend and our colleague the Hon. Kyam Maher MLC in the other place, who is our Attorney-General.

I am pleased to introduce into this chamber the Statutes Amendment (Criminal Proceedings) Bill 2024. The bill contains two amendments to improve the safe and efficient operation of the criminal justice system. The bill will amend the Juries Act 1927 to allow a judge to excuse a person summonsed for jury service from further attendance if their attendance would pose a risk to the safety or welfare of another person.

Currently, there are various grounds on which a person may seek to be excused from attendance for jury service, including recent service, ill health, conscientious objection or a matter of special urgency or importance. However, these all require an application from the juror themselves. The bill provides a limited ability for a person summoned for jury service to be excused in the absence of any application from the juror where it is necessary to protect health or safety.

For example, during the COVID-19 pandemic various health and safety protocols were put in place in relation to persons attending for jury service. A potential risk was identified that, if a person had refused to comply with the protocols, they could only be invited to apply to be excused from jury service. There was no power to excuse them on the court's own initiative if they declined to make the application themselves. While the risks during the pandemic were well managed by the courts in the circumstances, the government feels that this gap in the legislation is worth addressing to provide more options to address health and safety risks that may arise in the future.

The bill provides that if the attendance of a prospective juror poses or would pose a risk to the safety or welfare of another person, a judge may issue a notice in writing excusing that person from further attendance. This will help protect the health and safety of their fellow jurors and all other court users. This may occur on the judge's own initiative or on the application of the court sheriff. The sheriff is responsible for managing persons summonsed for jury service and so will be well placed to determine if a prospective juror poses a health and safety risk and to present this risk to a judge for consideration.

The bill also amends the Courts Administration Act 1993 to provide that the State Courts Administrator's annual report must set out the number of times a person was excused from jury service under this section, as well as the number of times the sheriff made an application for a person to be excused, regardless of the outcome of the application. This will provide an additional layer of transparency and accountability in relation to the use of this power.

This bill will also amend the Sentencing Act 2017 to broaden the circumstances in which a defendant may attend sentencing for an indictable offence via audiovisual link. The default rule is, and will continue to be, the defendant should be physically present in the courtroom during sentencing proceedings for an indictable offence. This is appropriate to be the normal practice because the defendant's actual presence in the courtroom assists the judge to connect them when delivering sentencing remarks, particularly in Youth Court proceedings.

However, the Sentencing Act contains exceptions to this rule, allowing attendance via audiovisual link in some circumstances. The broadest exception, in section 21(2)(b) of the Sentencing Act, provides that, if a defendant is in custody prior to sentence, the court may deal with the proceedings by way of AVL without requiring the personal attendance of the defendant if the court is of the opinion that this is appropriate in the circumstances. However, there is no equivalent exception available to defendants in the community.

The bill would expand the existing exception such that any defendant may attend sentencing proceedings via AVL if the court considers it appropriate in the circumstances. However, defendants in the community must consent to AVL attendance. This will allow greater flexibility for defendants in the community to attend their sentencing proceedings remotely—for example, due to mobility concerns, illness or caring responsibilities. This will increase the accessibility of the justice system. I commend the bill to the chamber and seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Courts Administration Act 1993

3—Amendment of section 23A—Annual report

This clause amends section 23A of the Act to require the Courts Administration Authority to include in its annual report information setting out the number of people who have applied to be excused from jury service on safety and welfare grounds, and the number of people who have been so excused. This is consequential on the amendment to the Juries Act 1927 proposed by this measure.

Part 3—Amendment of Juries Act 1927

4—Insertion of section 16A

This clause inserts a new section.

16A—Judge may excuse juror or prospective juror from attendance on safety or welfare grounds

Proposed section 16A provides that a judge may excuse a person from attending jury service if the person poses a safety or welfare risk. A person excused from jury service under this section may be summoned to attend jury service at a later date.

Part 4—Amendment of Sentencing Act 2017

5—Amendment of section 21—Presence of defendant during sentencing proceedings

This clause amends section 21 of the Act to allow a defendant who is not in custody to attend sentencing proceedings via audio visual or audio link, provided that the defendant consents.

Debate adjourned on motion of Mr Odenwalder.


At 17:31 the house adjourned until Thursday 6 February 2025 at 11:00.


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