Retrials for hung jury verdicts approved by States

Jersey politicians have approved plans to allow a retrial when a jury fails to reach a majority verdict.

The plans were presented to the assembly as part of wider reforms, but the issue of retrials was voted on separately.

15 politicians voted against retrials, but 27 politicians supported the plans and three abstained.

The Home Affairs Minister, Deputy Mary Le Hegarat, said trials ending without a verdict was an unsatisfactory situation for the island to be in, while others said a retrial discredited a hung verdict where there was reasonable doubt.

The retrial proposal was part of wider reforms to Jersey's Criminal Procedure Law 2018.

In her proposal the Home Affairs Minister wrote: "A trial ending in a hung jury does not result in any verdict, so it is no way an acquittal and the two should not be confused."

"Retrials in such situations are consistent with the international standard across common law jurisdictions."

"Allowing a retrial ensures the justice system can fulfil its core function of resolving criminal allegations, instead of suspending them permanently."

The proposals followed the L'Ecume II trial, which led to jurors being unable to reach verdicts on charges against two of the ferry crew workers.

However, some politicians found the idea of a retrial when a jury could not reach a verdict problematic

Deputy Sir Philip Bailhache said: "It's not fair to give the prosecution a second bite of the cherry, I say that as a former prosecutor and judge."

"The prosecution has to prove guilt beyond reasonable doubt, and if they do cant do that the defendant is acquitted."

His views were shared by Deputy Kirsten Morel who said: "My understanding is that someone is guilty only when proved beyond reasonable doubt, to me if a jury is unable to find a verdict, that shows there is reasonable doubt."

But other politicians supported Deputy Le Hegarat's plans to introduce retrials when there was a hung jury.

Deputy Helen Miles said: "A jury can sit through weeks of evidence and say 'we can't reach a verdict'.

"Then nothing happens, the process stops in its track, that wouldn't be acceptable anywhere else. Imagine a civil court or regulator saying 'we can't decide', and that's it."

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