Law change to protect victims in court

Deputy Kristina Moore has lodged draft legislation which would bring about sweeping changes to Jersey’s criminal justice procedures if they are approved by States Members.

The key aims of the new laws are to streamline proceedings and also to provide better protection for young and vulnerable people in the Island’s criminal justice system.

The Home Affairs Department claims that the move will result in the Island having a ‘world-leading’ criminal justice system.

A section of the legislation is dedicated to ensuring that certain witnesses in court are not cross-examined by defendants who have committed certain crimes, including sex offences, murder, manslaughter and child abuse.

In these particular cases, protection would be given to the victim, under-18s and Islanders with mental disorders or with a ‘significant impairment of intelligence and social functioning’.

‘In these cases, the court must invite the defendant to arrange for a legal representative to cross-examine witnesses,’ the report accompanying the minister’s proposition says.

‘If the defendant elects not to do so, the court will consider whether it is necessary for the witness to be cross-examined and if so, must choose and appoint an advocate for that purpose.’

Another section of the legislation would give prosecutors the ability to bring a retrial in the event of a ‘hung jury’.

As well as the new provision for a retrial, the new law would reduce the required majority required to convict to nine in cases where there are fewer than 12 jurors.

Deputy Moore said: ‘This law is part of a wide project to modernise and improve the criminal justice process in Jersey to improve outcomes for victims, protect and support witnesses, and ensure justice and fairness for people accused of a crime.

‘Jersey is internationally recognised for its effective and unique justice system, but the Island needs to keep fully up to date with developments in criminal justice over the past decades in order to support the ability of our judges to manage the detail of court process and our approach to new technology.’

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