KINGSTON, Jamaica – Jamaica’s House of Representatives has approved amendments to the Jury Act aimed at strengthening the courts’ response to jury tampering and preventing disruptions to criminal trials.
Minister of Justice and Constitutional Affairs, Delroy Chuck.The Jury (Amendment) (No. 2) Act was approved on Tuesday following debate, with Justice and Constitutional Affairs Minister Delroy Chuck saying the changes would give courts greater flexibility when jury tampering threatens the fairness or continuation of proceedings.
Chuck said the amendments would clarify the circumstances in which a criminal trial could proceed without a jury after tampering had been identified.
Under the proposed provisions, a judge would be required to give reasons for deciding whether to continue a trial without a jury, discharge the jury or order a new trial, while safeguarding the fairness of the proceedings and the interests of justice.
The minister also said the requirement for a judge to be satisfied beyond reasonable doubt would be expressly included in the relevant provision.
Chuck told the House that the Bill had undergone consultation involving the technical team, the Law Reform Department, the Attorney General’s Chambers and the General Legal Council. The process also considered cases and legislative approaches in other Commonwealth jurisdictions.
He said the Bill was withdrawn in March to address concerns raised by the Opposition and subsequently tabled on June 30, with further revisions made after discussions with the Opposition Leader.
Addressing concerns about judicial impartiality, Chuck referred to deliberations in the United Kingdom and decisions in other Commonwealth jurisdictions, arguing that a judge who had considered allegations of jury tampering was not automatically disqualified from continuing a trial.
He said both the prosecution and the defendant could seek a trial without a jury, while an application for severance could be made where co-defendants faced different circumstances in relation to the alleged tampering.
Chuck also announced plans to establish a joint select committee to conduct a comprehensive review of the Jury Act.
He said he would ask the Leader of Government Business and the Leader of Opposition Business to nominate members to serve on the committee at the next sitting of the House.
While acknowledging that the legislation could be improved, Chuck said the amendments needed to be passed promptly to enable the courts to respond effectively to jury tampering and avoid undue delays in criminal proceedings.
The amendments must now go to the Senate.
