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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Statutes Amendment (Criminal Proceedings) Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:03): Obtained leave and introduced a bill for an act to amend the Courts Administration Act 1993, the Juries Act 1927 and the Sentencing Act 2017. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:04): I move:

That this bill be now read a second time.

I am pleased to introduce the Statutes Amendment (Criminal Proceedings) Bill 2024 into this parliament. 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 a 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 summonsed for jury service to be excused in the absence of an 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 an application themselves. While the risks during the pandemic were well managed by the courts in the circumstances, the government feels that this is a gap in the legislation that 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 to protect the health and safety of their fellow jurors and all other court users. This may occur on a judge's own initiative or on the application of a court sheriff. The sheriff is responsible for managing persons summonsed for jury service, so will be well placed to determine if a prospective juror poses a health or 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 sheriffs made an application for a person to be excused, regardless of the outcome of that application. This will provide for 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 (AVL). The default rule is, and will continue to be, that a defendant should be physically present in the courtroom during sentencing proceedings for an indictable offence. This is appropriate in the normal practice because the defendant's actual presence in the courtroom assists the judge to connect with 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 audiovisual link without requiring the personal attendance of the defendant if the court is of the opinion that it is appropriate in the circumstances. However, there is no equivalent exception available to defendants in the community.

This bill would expand the existing exception such that any defendant may attend sentencing proceedings via audiovisual link if the court considers it appropriate in all the circumstances. However, defendants in the community must also consent to audiovisual link attendance. This will allow greater flexibility to 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 members and seek leave to insert the explanation of clauses 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 Hon. J.S. Lee.

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