The ACT Government has introduced a new “right to appeal” against a criminal conviction in special circumstances where fresh and compelling evidence emerges.
ACT Attorney-General Shane Rattenbury said: “The change is designed to protect a foundational principle of our justice system – that innocent people are not imprisoned. While wrongful convictions and miscarriages of justice are rare, this reform will make our justice system fairer by improving public confidence that errors of justice can be resolved in a fair, impartial, rational way.
“The reform provides a new right of appeal to people who have previously been found guilty or convicted of crimes in the ACT where new fresh and compelling evidence comes to light that casts serious doubt on the correctness of their conviction. In these circumstances, there is now a judicial pathway available to the person to appeal.”
Fresh evidence is evidence that was not available to the parties during the trial. Examples include new DNA evidence; new scientific understandings of the evidence; and new physical evidence whose existence was not known and could not have been known during the trial or original appeal.
Previously, if a person was convicted and exhausted their appeal rights, they would not be able to appeal again, even if evidence like this emerged.
“Obvious injustice undermines confidence in our legal system,” Mr Rattenbury said. “This is an important change in the ACT justice system that brings us into line with several other Australian jurisdictions.
“The new right of appeal strikes the right balance between the different interests at stake. This will not be an open slather of people trying to escape justice on technicalities. This new right of appeal is only available where fresh and compelling evidence has come to light, and it’s in the interests of justice for an appeal to be heard by the court.”
The reform was developed with input from the Canberra community and key stakeholders following the release of a discussion paper early last year.
The new laws deliver on a Government commitment in the Parliamentary and Governing Agreement for the 10th ACT Legislative Assembly to consider amendments to the Supreme Court Act 1933 to introduce best practice right to appeal laws.
Improving court for victim-survivors
Mr Rattenbury also introduced a Bill to improve the court system for victim-survivors of sexual, family and personal violence into the Legislative Assembly today.
The reforms are designed to promote the ongoing safety and wellbeing of those in need of protection, and to improve the efficiency and safety for all parties in family violence and personal violence proceedings.
The Sexual, Family and Personal Violence Legislation Amendment Bill 2023 forms the latest component of a wider program of legislative change to transform the way the ACT Government responds to and prevents sexual, family and personal violence and the experience of victim-survivors of sexual, family and personal violence through the court system, Mr Rattenbury said.
The changes include:
- Neutral bail presumptions for certain sex offences such as third-degree sexual assault, incest, use of a child to produce child exploitation material, and grooming and depraving young people.
- Streamlining court proceedings related to family violence and/or personal violence orders.
A consultation process, including two roundtables, was undertaken earlier this year, and provided valuable input on the amendments in this Bill, Mr Rattenbury said.
Information about support for individuals and families affected by sexual, family and personal violence is available at www.communityservices.act.gov.au/sexual-assault-prevention-and-response/support-services-available-in-the-act
