Courts Policy 1987


Trial by Jury (CM. 22.4.87)

That CCL:

  • Supports applying section 80 to the States and Territories;
  • Objects to any reference to capital or corporal punishment in the Constitution as this would give constitutional condonation to those unacceptable forms of punishment;
  • Considers trial by jury be available for:
    - All offences for which the maximum penalty is imprisonment for a period of more than 1 year.
    - Contempt of court offences.
    - Offences under defence force law before defence force tribunals.
    - Offences of which individuals are charged (as distinct from corporations) and for which a penalty of a fine, forfeiture or other economic detriment which has a serious impact on the economic welfare of the individual is imposed and no penalty of imprisonment is imposed.
  • Objects to the proposal that the Parliaments may make laws for appeals against acquittals.