Jamaica govt approves amendments to Jury Act to address jury tampering
Key Points(5)
- Jamaica’s House of Representatives on Tuesday, Oct.
- 13, approved amendments to the Jury (Amendment) (No.
- 2) Act aimed at strengthening measures to address jury tampering and safeguard the administration of justice.
- Closing the debate, Minister of Justice and Constitutional Affairs Delroy Chuck said the legislation had undergone extensive consultation and was necessary to address situations in which jury tampering threatens the fairness or continuation of criminal trials.
- Chuck urged members of the House to support the bill, warning that delays in its passage could leave the justice system unable to respond effectively when jury tampering occurs during ongoing proceedings.
Jamaica’s House of Representatives on Tuesday, Oct. 13, approved amendments to the Jury (Amendment) (No. 2) Act aimed at strengthening measures to address jury tampering and safeguard the administration of justice.
Closing the debate, Minister of Justice and Constitutional Affairs Delroy Chuck said the legislation had undergone extensive consultation and was necessary to address situations in which jury tampering threatens the fairness or continuation of criminal trials.
Chuck urged members of the House to support the bill, warning that delays in its passage could leave the justice system unable to respond effectively when jury tampering occurs during ongoing proceedings.
He also announced plans to establish a joint select committee to conduct a comprehensive review of the Jury Act.
Chuck said that at the next sitting of the House, he would ask the leaders of government and opposition business to nominate members to serve on the committee, which would examine the legislation and identify areas for improvement.
The minister said the proposed amendments reflected consultations 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He said the bill was withdrawn in March to address concerns raised by the opposition and was subsequently tabled on June 30, with further revisions made following discussions with the opposition leader.
The amendments would clarify the circumstances under which a criminal trial could proceed without a jury if tampering were identified.
Chuck said a judge would be required to give reasons for deciding whether to continue the trial alone, discharge the jury or order a new trial. The decision would have to be fair to the accused and consistent with the interests of justice.
He also said the requirement for a judge to be satisfied beyond a reasonable doubt would be expressly included in the relevant provision.
Addressing concerns about judicial impartiality, Chuck cited deliberations in the United Kingdom and decisions from other Commonwealth jurisdictions to argue that a judge who had considered allegations of jury tampering would not automatically be disqualified from continuing the trial.
He further explained that both the prosecution and the defendant could seek a trial without a jury. An application for severance could also be made where co-defendants faced different circumstances in relation to the alleged tampering.
Chuck acknowledged that the legislation could be improved, saying the proposed joint select committee would provide an opportunity for a broader review of the Jury Act later this year and into next year.
He maintained, however, that the immediate passage of the amendments was necessary to give the courts greater flexibility to respond to jury tampering without allowing criminal proceedings to be unduly delayed.
