The Liberal Government will draft legislation to provide for a review of a criminal case where there is fresh and compelling evidence or evidence of a tainted conviction.
The amendment will provide for appeals against conviction in the event that fresh and compelling evidence comes to light after the normal appeal rights have been exhausted.
As the prosecution have had the right to seek a retrial on the basis of fresh and compelling evidence or evidence of a tainted outcome since 2008, we believe it is fair that a convicted person be afforded the same opportunity.
In Tasmania, as in most other states, the right of a convicted person to appeal a guilty verdict is currently limited.
The only avenue currently available to a convicted person in Tasmania after normal appeal rights have been exhausted is to petition the Governor or the Attorney General to exercise the royal prerogative of mercy.
We believe it is appropriate that decisions on such appeals be given to the judiciary to determine, not the governor or attorney general of the day.
The current system of petitioning for the exercise of the royal prerogative of mercy has been criticised by legal commentators on a number of grounds, including the lack of formal process and transparency, and a perception that political rather than legal matters may be determinative.
Cabinet has decided that provisions introduced in South Australia last year are a suitable model on which to base an amendment to the Tasmanian Criminal Code.
This step will give the defence the same powers as the prosecution when it comes to reviewing criminal cases.
Consultation with key stakeholders will commence by the end of 2014.
Vanessa Goodwin, Attorney-General
