The House of Representatives commenced debate on legislation to modernise and strengthen the jury system in Jamaica on January 20.

The Jury (Amendment) Bill was piloted by Minister of Justice and Constitutional Affairs Delroy Chuck.

In his remarks, Chuck said the Bill seeks to improve the efficient management of criminal and civil trials and safeguard the administration of justice in circumstances where jury tampering poses a real and present threat.

“The use of trial by jury remains a cornerstone of our justice system. However, the system must also be responsive and capable of addressing contemporary challenges, particularly those relating to delays, inefficiencies, and threats to the integrity of jury trials,” he argued.

“This Bill, therefore, introduces carefully balanced reforms which preserve the central role of the jury, while providing the courts with necessary tools to ensure that justice is done,” the minister continued.

Turning to the clauses, Chuck said Clause 2 repeals and replaces section 1A of the principal Act to update and clarify key definitions.

“In the context of the Jury legislation, this clause introduces important definitions, including plea and case management hearing; trial readiness hearing; special juror, and special jury,” he said.

Clause 3 inserts a new subsection six into section two, providing a detailed statutory definition of a trial readiness hearing.

“This provision outlines the matters a judge must consider in confirming a trial date, including the status of disclosure, witness availability, readiness of the parties, estimated trial length, and whether any issues remain that may affect the scheduled trial date,” Chuck said.

Clauses 5 and 6 repeal and replace sections 35 and 36 to provide expressly for payment to persons who attend court for the jury-selection process, and payment to persons who serve as jurors in both civil and criminal trials, as prescribed by the Minister in Regulations.

Clause 7 replaces section 37 and clarifies the method of payment in civil jury trials. It provides that the party who applies for a jury trial must pay the required monies into court, and the court is responsible for paying jurors and other entitled persons. It also clarifies that the costs associated with special juries are to be treated as costs in the cause.

Chuck said Clause 9 introduces a new subheading into the principal Act to signal the introduction of a carefully circumscribed regime for trials without a jury. Clause 10 is the most significant reform contained in this Bill, with the insertion of new sections 42A to 42D.

“Section 42A permits the prosecution, before trial, to apply for a trial to be conducted without a jury where there is evidence of a real and present danger of jury tampering. Importantly, the judge must be satisfied that jury tampering is likely notwithstanding protective measures, and the decision must be necessary in the interest of justice,” Chuck said.

“Section 42B, this provision empowers a judge, where it is in the interest of justice to do, to discharge a jury during a trial if jury tampering has occurred and to continue the trial without a jury, after hearing representations from the parties,” he added.

Section 42C allows a judge to terminate a trial and order a new trial where justice requires, and, where appropriate, to order that the new trial proceed without a jury.

Regarding Section 42D, Chuck said this ensures that, where a trial proceeds without a jury, the court retains all the powers and jurisdiction it would otherwise have and must give reasoned judgments on conviction or acquittal.

“These provisions strike a careful balance between safeguarding the jury system and ensuring that criminal trials are not derailed by intimidation or corruption,” he noted.

The Bill now before the House also proposes a significant increase in the sums paid to jurors, raising the amount from $2,000 to $6,000 for each day, or part of a day, that a person serves on a jury.

“We have also addressed the position of persons who are summoned for jury duty but are not ultimately selected. Under the proposed amendments, such persons will now be entitled to payment of $2,000 for each day they attend court to participate in the jury selection process. We wish to make it clear that this Administration remains deeply appreciative of those who respond to the call for jury duty,” Chuck said.

Meanwhile, the minister said the Bill strengthens the integrity of the jury system, improves efficiency, enhances fairness to jurors, and equips the courts to respond decisively to jury tampering.

“It reflects a careful and proportionate approach to modernising our justice system. We also look forward to the ultimate convening of a Joint Select Committee to consider further reform to the Jury system and the applicable legislation,” Chuck said.