Trial by Jury - 1987

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.