Hon Phil Goff
Minister Of Justice

03 August 2001

Justice Minister, Phil Goff, announced today that legislation will be introduced making significant changes to improve the functioning of jury trials.

He said the changes agreed to by Cabinet this week were the result of more than 10 years of research, analysis and debate, including four Law Commission reports.

"It is now time to turn talk into action and to ensure our jury system meets the needs of the 21st century.

Many changes recommended by the Law Commission are changes to practice and are already being implemented. The decisions announced today are those requiring legislative change.

"These changes will strengthen the jury system which is an essential part of a democratic society.

The research shows that juries as a whole work well, are democratic and impartial, are seen by most jurors as a positive experience and ensure public validation of verdicts.

"Two of the most controversial changes are the introduction of majority (11:1) verdicts and the power in restricted cases for the Court to order trial by judge alone.

"There are valid arguments for and against majority verdicts. I want the Select Committee to examine carefully the evidence it receives in public submissions and to advise the House accordingly.

"The rising incidence of hung juries, which have doubled in number over the past decade, was one of several reasons which persuaded the cabinet to prefer majority verdicts.

"Hung juries increase the personal and financial costs and emotional strain on defendants, complainants and witnesses alike.

"The unanimity rule also puts pressure on jurors, sometimes forcing minority jurors to agree to positions at odds with their conscience."It also allows undue influence by so-called rogue jurors who come from a position of overt prejudice or sympathy and refuse to participate in the deliberation process.

"Judge-alone trials will be possible in limited circumstances if the court is satisfied that the trial will last more than four weeks and will involve complex issues difficult for a jury to understand.

"This however will not restrict the right to trial by jury for serious charges such as murder, sexual violation and serious violent offending.

At most, it will probably involve only one or two trials a year such as last years complex computer fraud case which ran for 56 working days (and resulted in acquittal).Other significant changes which will occur under the legislation include –

• Making it an offence for an employer to terminate or threaten to terminate the employment of an employee, or otherwise prejudice an employee's position, because of that employee's absence for jury service.

• The reduction of the number of peremptory challenges available to both prosecution and defence counsel in criminal trials from six to four.