Seeking submissions by 11.59pm 18 May 2022
The ACT Government is considering two matters in relation to appeals against conviction and is
seeking the views of the ACT community. The first matter is how the ACT should deal with convictions where new evidence has come to light. Three Australian jurisdictions have already legislated in relation to this issue, and the ACT Government committed to considering reforms in the Parliamentary and Governing Agreement for the 10th Legislative Assembly. The second matter is how a person should be compensated for wrongful imprisonment.
- Do you support the ACT introducing a second or subsequent right to appeal against conviction?
- Do you support an approach based on the current legislation in other Australian jurisdictions?
- Do you have any concerns with the proposal?
- Should the right to appeal against conviction on the grounds of fresh and compelling evidence apply to all criminal convictions for both summary offences and indictable offences?
- Should the right to appeal against conviction on the grounds of fresh and compelling evidence be limited to certain categories of offences? Examples of categories are indictable offences, serious offences, or offences specified in legislation.
- If there were limitations on the offences to which the right of appeal applied, should it be possible to also appeal convictions for related summary offences?
- Should there be any additional specified criteria for granting an appeal, such as a requirement that the fresh evidence would have eliminated or substantially weakened the prosecution case if it had been presented at trial?
- What orders should a court be able to make following a successful appeal?
9. Are there any elements of the South Australian, Tasmanian and Victorian models which should not be adopted in the ACT? If so, why?
- Are there any elements of the South Australian, Tasmanian and Victorian models which should be adopted in the ACT that have not been proposed? If so, why?
- Should the ACT adopt a statutory scheme for compensation for wrongful conviction?
- Should the Human Rights Act 2004 (ACT) be amended to provide that the right to compensation for wrongful conviction will be determined in accordance with guidelines developed under the Human Rights Act that must be applied in assessing these claims?
- Do you have any alternative proposals you think the ACT Government should consider?