Page 2216 - Week 07 - Thursday, 17 June 1993

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ENGLISH-SPEAKING WORLD FOR MANY CENTURIES. IT WAS DESCRIBED BY THE LEGAL HISTORIAN BLACKSTONE AS THE "PALLADIUM OF JUSTICE".

HISTORICALLY, JURY TRIAL WAS ALSO USED FOR CIVIL CASES, BUT THERE HAS BEEN A MOVE AWAY FROM THAT IN RECENT YEARS. IN AUSTRALIA NOW, IT IS ONLY IN NEW SOUTH WALES AND VICTORIA THAT SIGNIFICANT NUMBERS OF CIVIL CASES ARE TRIED BY JURY.

IN SOME JURISDICTIONS, IT HAS RECENTLY-BEEN ACCEPTED THAT THERE MAY ALSO BE CRIMINAL CASES WHERE AN ACCUSED PERSON WOULD PREFER TO BE TRIED BY A JUDGE ALONE RATHER THAN BY JUDGE AND JURY. SUCH CASES MIGHT INCLUDE THOSE WHERE EXTENSIVE PRE-TRIAL PUBLICITY COULD BE PERCEIVED AS PREJUDICING JURORS AGAINST THE ACCUSED, AND CASES WHERE THERE 1S A LARGE AMOUNT OF TECHNICAL EVIDENCE THAT JURORS MIGHT FIND DIFFTCULT TO COMPREHEND.

AT PRESENT IN THE ACT, AN ACCUSED PERSON IN SUCH INSTANCES HAS NO CHOICE AS TO METHOD OF TRIAL. EVEN THOUGH HE OR SHE MIGHT GENUINELY WISH TO WAIVE THE RIGHT TO TRIAL BY JURY, THAT IS NOT POSSIBLE.

THE BILL FOLLOWS THE LEAD OF SOME OTHER JURISDICTIONS, INCLUDING NEW SOUTH WALES, SOUTH AUSTRALIA AND NEW ZEALAND, AND ENABLES AN ACCUSED PERSON TO ELECT TO BE TRIED BY JUDGE ALONE.

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