[Greens-Media] RATTENBURY MEDIA RELEASE: Greens call for new Right to Appeal Laws

[Jaques, Alison]

MEDIA RELEASE
Shane Rattenbury MLA, ACT Greens Member for Molonglo

9 June 2016

Greens call for new Right to Appeal Laws

As the Legislative Assembly prepares to debate reforms to the 'double jeopardy' law in the ACT, the Greens have called for new 'right to appeal' laws to help address instances of wrongful conviction.

"'Double jeopardy' applies when a person who was found innocent is charged for the second time, based on new evidence," said Greens Justice spokesperson, Shane Rattenbury MLA.

"Conversely, 'Right to appeal' laws allow a person who has been found guilty of a serious crime to make a new appeal where fresh and compelling evidence emerges that should be examined in the interests of justice.

"For example, this could be in such cases where new DNA evidence shows that the person convicted was not the one who committed the crime. As technology improves, these issues are emerging more frequently and we need to ensure we don't have people sitting in prison for crimes they did not commit.

"We currently have an unsatisfactory situation in the ACT regarding a person's right to appeal when new and compelling evidence emerges. At best a person may seek an 'inquiry', which is unlikely, difficult, slow and costly. 'Right to appeal' laws would establish a simple process that begins with an initial judicial hearing of a single judge.

"The ACT could easily adopt similar laws to those now in place in South Australia and Tasmania to establish a simplified 'right to appeal' process.

"I accept that it is appropriate to allow limited exemptions to the double jeopardy law when fresh and compelling evidence emerges. However, in the interests of fairness and justice we should also create an improved appeal mechanism for people who are imprisoned and may in fact be innocent.

"Ensuring that the innocent are not imprisoned is a foundational principle of our criminal justice system and, especially as a human rights jurisdiction; the ACT should be adopting best practice to ensure this does not occur.

"The Greens will commit to enacting 'right to appeal' laws as one of our election policies to ensure we have a best practice justice system here in the ACT," Mr Rattenbury concluded.

Statement ends
MEDIA CONTACT:    Ali Jaques 0481 035 764
ACT Legislative Assembly GPO Box 1020, Canberra ACT 2601

Ali Jaques | Media Adviser to Shane Rattenbury MLA
ACT Greens Member for Molonglo
Minister for Education; Minister for Justice and Consumer Affairs; Minister for Road Safety; Minister for Corrections.
t:  (02) 6205 3897 | m:  0481 035 764| alison.jaques at act.gov.au |
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