Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
FACT SHEET
Criminal Code Amendment (Second or Subsequent Appeal for Fresh and
Compelling Evidence) Bill 2015
The Criminal Code Amendment (Second or Subsequent Appeal for Fresh and Compelling
Evidence) Bill 2015 (the Bill) makes amendments to the Criminal Code Act 1924
(Criminal Code) to provide a convicted person the right to make a further appeal on
the basis of fresh and compelling evidence, even after ordinary appeal rights have been
exhausted.
In Tasmania the only avenue open to a convicted person, if fresh and compelling
evidence comes to light after general appeal rights have been exercised, is to petition
the Governor to exercise the royal prerogative of mercy.
This Bill gives a convicted person a legal right to have the conviction reviewed by the
Court of Criminal Appeal in specific circumstances.
The Bill amends the Criminal Code to provide that –
a person convicted of a serious crime may seek leave to appeal on a new
ground of fresh and compelling evidence;
if a convicted person satisfies the Court of Criminal Appeal that there is “fresh
and compelling evidence” and that as a result there has been a substantial
miscarriage of justice, the Court may enter an order of acquittal or order a
retrial; and
the existing time limits relating to criminal appeals do not apply.
This Bill provides for similar, but not identical to, amendments as those introduced in
South Australia in 2013.
The Bill gives a convicted person rights similar to those the Director of Public
Prosecutions has had since the insertion of amendments to Chapter XLIV in the
Criminal Code 1924 in 2008. To enhance this consistency, the Bill contains an
amendment to existing section 393(1)(a) to mirror new section 402A(6)(a) in requiring
that the Court find that there is fresh and compelling evidence.
Page 1 of 1