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Legislative changes proposed to bolster jury pools

A courtroom inside the Dame Lois Browne-Evans Building (File photograph)

Amendments intended to expand the pool of potential jurors for trials are set to go before the House of Assembly in the coming legislative year.

Delivering the Throne Speech, the Governor, Rena Lalgie, announced that amendments would be made to the Jurors Act 1971 to allow older jurors.

"Fair trial by jury is the bedrock of the criminal justice system, and to ensure the continuity of this right, amendments will be made to the Jurors Act 1971 to increase the pool of available jurors, including to provide for persons up to the age of 75 to serve on juries,“ she said.

Other amendments would include changes to reduce the number of names required to form a jury panel and increasing the allowance payable to those who serve on a jury.

Under the Jurors Act, those who are above the age of 70 are not eligible to serve on a jury, and a panel of jurors must include 36 names for the session, along with 36 standby jurors.

Chief Justice Larry Mussenden said in the most recent Bermuda Judiciary Annual Report that he had heard “anecdotally” that there had been challenges compiling jury panels, stating that there may be some merit in a review of the Jurors Act.

He added: “One interesting and important aspect to be addressed is the payment of jurors for their time spent serving on a jury.

“I understand that there are public complaints about how long it takes for payment to be received, so we are looking at ways to improve that aspect of the system.”

The Throne Speech also included a more comprehensive approach to domestic violence would be introduced in the wake of a review that found a lack of perpetrator services.

As part of the new approach, efforts will be made to create a domestic violence court, similar to other speciality courts such as the DUI court and the drug treatment court programmes.

"With the continued support of MARAC — the Multi-Agency Risk Assessment Committee comprising the Centre Against Abuse, the Bermuda Police Service, and the Ministry of Youth, Social Development and Seniors — a comprehensive, unified approach has been taken to address the scourge of domestic violence in our community,“ Ms Lalgie said.

"In partnership with the Office of the Director of Public Prosecutions and the judiciary, the Ministry of Justice will support the creation of a domestic violence court programme, ensuring devoted attention to the protection of victims with speedier protection orders and equally requiring accountability on the part of perpetrators."

Juanae Crockwell, executive director of the Women’s Resource Centre, said the organisation was pleased to hear the Government’s commitment to create a domestic violence court.

“This initiative marks a significant step in validating the experiences of survivors of abuse,” she said. “By expediting cases related to domestic abuse, this court will minimise the risk of prolonged or recurring harm, ensuring that victims receive timely justice and protection.

“We also hope that the court’s framework includes holistic opportunities for perpetrators to address the underlying causes of abusive behaviour.

“Providing resources and interventions aimed at behaviour change will help prevent future incidents, contributing to a more comprehensive approach to breaking the cycle of abuse.

“We look forward to seeing this initiative create positive change in our community, specifically in the way victims of domestic abuse experience the justice system.”

The Centre Against Abuse said it was enthusiastic about the announcement, stating that the charity had campaigned for the creation of such a speciality court over the past decade.

The charity said that a specialist domestic abuse court would be able to provide trained domestic abuse personnel in court, consistent standards for domestic abuse cases, and increased safety for victims in court.

It was also hoped the court would bolster public confidence in the system, improve data collection, expedite criminal trials, assist with monitoring of offenders and offer court-ordered programmes.

“CAA recognises that a specialist domestic abuse court will require the improvements and changes in laws, and in policies to work effectively,” a spokeswoman said.

“We continue to encourage the Government and are willing to assist to implement a Domestic Abuse Act and National Domestic Abuse Awareness and Prevention Plan that will provide a blueprint on the specifics of domestic abuse for the island and the repercussions for offenders.”

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Published November 10, 2024 at 7:59 am (Updated November 10, 2024 at 8:06 am)

Legislative changes proposed to bolster jury pools

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