Labor MLA Taimus Werner-Gibbings introduced a Private Member’s Bill to reduce the number of peremptory challenges available to both the defence and the prosecution during the jury selection process in the ACT.
Peremptory challenges are challenges to the composition of a proposed jury that are made without cause; the number of challenges that can be made with cause is not limited.
For a standard 12-person jury, the Bill sought to reduce the number of peremptory challenges available to the defence and the prosecution from eight to four for each party,bringing the ACT more in line with other Australian jurisdictions. For example, New South Wales, Victoria, South Australia and Western Australia each allow three peremptory challenges.
Thomas spoke in support of the Bill, and highlighted research from the Victorian Law Reform Commission that found peremptory challenges can lead to a less diverse selection of jurors. He also noted a modest reduction in the maximum number of peremptory challenges would improve the efficiency of the legal process in the ACT.
During the debate, the Canberra Liberals raised concerns about the lack of an ACT-specific dataset showing misuse of peremptory challenges, and a lack of local analysis showing that juries are less representative because of them. They did not, however, vote against the Bill.
ACT Labor introduced an amendment to the Bill to remove a six-month delayed commencement clause that was included in the original drafting, noting stakeholder input seeking that the legislation come into effect immediately.
The Bill, as amended, was passed unanimously by the Assembly.