ACT introduces new right of appeal to guard against wrongful convictions

ACT introduces new right of appeal to guard against wrongful convictions

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. This is an important change in the ACT justice system that brings us into line with several other Australian jurisdictions,” said Minister Rattenbury.

“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.