Senator Kamina Johnson Smith, Leader of Government Business - file photo
The Senate, on Thursday, approved changes to the Jury Act that seek to correct two anomalies of the amendments that were passed last year. The 2015 amendments reduced the number of jurors required for non-capital cases from 12 to seven.
Senator Kamina Johnson Smith, Leader of Government Business, noted that the changes did not address the section of the Jury Act which requires a unanimous verdict.
"As a result of not amending this section, only unanimous verdicts would be accepted in trials for non-capital murder. Any split decision, even five-two or six-one, would render the jury hung or deadlocked, necessitating a retrial," she said.
Senator Johnson Smith further noted that there are cases in which attorneys can reject up to four potential jurors without giving a reason.
In cases with non-mandatory minimum sentences, attorneys are allowed two challenges.
"The differences in peremptory challenges for these offences has resulted in the unintended consequence that offences which could have been joined together on the same indictment for trial, as they arise out of the same circumstances and events, are no longer capable of being tried together," she explained.
In the meantime, Opposition Senator Wensworth Skeffery was concerned that it could come to a point where the law requires fewer jurors if there are significant changes to the jury system.
"I want to caution us," he said, "that we are not removing that critical aspect of justice where you have trial by your peers and I hope that it's not something that we will just keep on removing the effectiveness of the jury and eventually (move) from that system."
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