Supreme Court trials could soon be heard in front of judge alone under new draft legislation

Criminal trials in the Tasmanian Supreme Court could soon be held without a jury under new legislation being drafted.

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CRIMINAL trials in the Tasmanian Supreme Court could soon be held without a jury under new legislation being drafted.

Tasmania does not currently have the option of trial by judge alone.

Unless the defendant pleads guilty to an indictable crime, they are entitled to be tried before a judge and jury in the Supreme Court of Tasmania, with the jury determining whether they are guilty or not of an offence.

Attorney-General Elise Archer said the introduction of the option for judge-alone trial was about bringing Tasmania in line with other jurisdictions, while helping to reduce court backlogs.

A number of key legal stakeholders have indicated broad support for the concept of judge alone trials in Tasmania as an option,” she said.

Liberal MP Elise Archer arrives at question time in State Parliament. Picture: Zak Simmonds

“I will be looking to consult on the instances in which the option for a criminal trial without a jury may be considered, mainly based on work already commenced in other jurisdictions.”

Labor Justice spokeswoman Ella Haddad said it was appropriate for Tasmania to follow the precedent established in other states.

“The legal profession and prisoner advocates have been calling on the government to act, and we’re pleased to see that happen.

“This is an important change to the legal system, but must be the choice of the defendant, not imposed by the prosecution or court.

“I urge Elise Archer to consult thoroughly to ensure this legislation does everything it can to increase access to justice and the right to a fair trial for the accused.”