2022-04-06
To ensure a transparent and fair justice system, the ACT Government has released a new discussion paper proposing reforms to allow a person convicted of a crime to appeal if fresh and compelling evidence comes to light.
“There are occasions when new, significant evidence comes to light that sheds light on a criminal matter and could show that an imprisoned person is actually innocent of a crime,” Attorney-General Shane Rattenbury said.
“However, currently, once a person has exhausted their appeal rights under ACT law they cannot appeal again, even if new evidence emerges which may lead to an acquittal later. There is no accessible, court-based mechanism for a person to appeal in these circumstances.
“Current legislation does allow the ACT Government to order an inquiry into a conviction on its own initiative, or the Supreme Court to order an inquiry. However, the proposed model offers a more transparent and independent process that focuses on the court assessing the evidence.
“The ACT’s justice system should evolve to provide people in the ACT with this appeal right, in the interest of ensuring justice is served, and innocent people are not imprisoned.
“The ACT Government has released a discussion paper and is seeking community and other stakeholder input to help shape this important law reform.”
The discussion paper also explores how compensation should be determined for someone wrongfully convicted of a crime.
“Our Human Rights Act gives a right to compensation for a wrongful conviction but does not say how that should work in practice,” Attorney-General Rattenbury said.
“We welcome feedback on whether we should create an administrative scheme to support the existing right or whether we should take another approach.
“I encourage Canberrans to have their say on these important proposed reforms which aim to make our criminal justice system fairer and more transparent.”
The Discussion Paper, Wrongful Conviction: Reforms to the Right to Appeal and Right to Compensation can be found on the ACT Government’s YourSay page here.
Submissions close in six weeks on 11:59pm on 18 May 2022.
This initiative progresses a commitment of the Parliamentary Agreement of the 10th Legislative Assembly by the ACT Labor-Greens Government.