ACT jurors who conduct their own investigations outside of the courtroom face prosecution under new legislation passed by the legislative Assembly on Wednesday.

The Crimes Legislation Amendment Act 2023 makes it an offence for jurors to seek information about a trial independently, such as through online searches.

The legislation follows the sensational derailing of Bruce Lehrmann’s criminal trial in the ACT Supreme Court in October 2022 over the alleged rape of fellow Liberal Party staffer Brittany Higgins. Mr Lehrmann has always denied the charges.

A juror was found in possession of material that had not been presented as evidence, against the judge’s specific directions.

Before this revelation, after more than four days of deliberating, the 12 jurors had passed a note to ACT Chief Justice Lucy McCallum saying they could not agree on a unanimous verdict.

This is also remedied in the new legislation, which introduces majority verdicts in territory criminal offences, where courts may now accept a verdict if 11 out of 12 jurors agree, helping to prevent hung juries and the need for retrials.

“In a diverse community people may not always agree, resulting in hung juries. This not only causes delays and increased costs, but also adds emotional strain for victims, accused people and others involved in the proceedings,” said Attorney‑General Shane Rattenbury.

“These reforms will help prevent retrials and give the community confidence in our jury system.”