No jury trials will go ahead in the ACT until further notice as the courts continue to grapple with the coronavirus pandemic.
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The announcement was included in a practice direction issued by territory Supreme Court registrar Amanda Nuttall on Tuesday afternoon.
It comes five days after the ACT government passed new legislation, which took away Canberrans' right to a trial by jury during the coronavirus "emergency period". The legislation still allowed judges to exercise their discretion and go ahead with a jury trial if safety requirements could be met.
The legislation allows Supreme Court judges during the emergency period to order a trial be judge-alone, regardless of whether an accused person agrees to it.
The order can be made so long as it ensures "the orderly and expeditious discharge" of the court's business, and is otherwise in the interests of justice.
People can also invite a judge to proceed with a judge-alone trial if they're accused of offences that would normally rule out the option, like murder and sexual intercourse without consent.
The practice direction on Tuesday said parties would receive a notice if it was proposed their trial be judge-alone, and - in accordance with the new legislation - they would have time to make submissions about the proposal in court.
The direction from the court otherwise maintained much of what was put in place on March 23. Anyone required to attend the Supreme Court has to comply with stringent social distancing and hygiene practices.
Civil hearings are still continuing as listed until further notice during the coronavirus pandemic, as are civil mediations.
People on bail should only attend the Supreme Court court for substantive hearings, and uncontested bail applications and variations are to be dealt with in judges' chambers.
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Court documents are to be filed electronically.
Criminal case conferencing and sentencing hearings will go ahead as usual, while the registrar and deputy registrar's lists will be conducted over the phone. Appeals from the Magistrates Court, pre-trial criminal applications, and civil applications will be heard via video link or phone.
Anyone who has reason to suspect they might have COVID-19 is not allowed at the courts. People who have no business there are also not allowed, as are people who knowingly flout social distancing rules.
- For information on COVID-19, please go to the ACT Health website or the federal Health Department's website.
- You can also call the Coronavirus Health Information Line on 1800 020 080
- If you have serious symptoms, such as difficulty breathing, call Triple Zero (000)
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Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
