THE ACT will fall into line with the rest of Australia by allowing majority verdicts in trials and creating a new offence for juror misconduct.

These reforms come in the wake of  the abandoned trial of Bruce Lehrmann late last year. He was accused of raping Brittany Higgins in an office in Parliament House in March 2019. He has always denied the allegations.

He faced trial over the alleged offence, but the jury was discharged following juror misconduct and in December the then Director of Public Prosecutions Shane Drumgold decided there was to be no retrial.

“With these reforms, majority verdicts in criminal cases will be permitted when 11 out of 12 jurors agree on the verdict, the jury has deliberated for at least six hours, and the court believes the jury won’t reach a unanimous verdict,” said ACT Attorney General Shane Rattenbury.

The reforms also create a new offence for juror misconduct – making it illegal for jurors to inquire about trial matters or ask someone else to do so without court authorisation. This new offence will carry a maximum penalty of two years imprisonment.

“If a juror relies on their own information, it undermines the defendant’s right to a fair trial. This is particularly relevant in situations where an innocent person could be found guilty of an offence due to a juror relying on information found in that juror’s own unauthorised inquiry,” Minister Rattenbury said.

“Further, this could result in a mistrial, causing both time delays and increased costs, on top of the potential for re-traumatising victims and others involved.

“Introducing this offence makes clear to jurors, and the community, both the importance of jurors not conducting their own inquiries, and the serious consequences for making an inquiry without the authorisation of the court,” Minister Rattenbury said.

Rape trial dropped over ‘unacceptable’ risk to Higgins

Why was the Lehrmann trial aborted, what happens next?