The Hodgman Liberal Government has today released a consultation draft of a Bill to introduce new Right to Appeal mechanisms in Tasmania.
The amendment to the Criminal Code Act 1924 will provide for a new Right to Appeal to the Court of Criminal Appeal in circumstances where there is fresh and compelling evidence.
Currently, once a convicted person's appeal rights before the courts have been exhausted, the only option that person has is to petition the Attorney-General and the Governor to exercise the royal prerogative of mercy.
It is the Government’s view, and that of many in the community, that this is not the right process. Appeal decisions should be made by the courts, not executive government.
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.
We look forward to working with stakeholders, interested parties and the community on this important piece of legislation.
The Bill is available on the Department of Justice website www.justice.tas.gov.au along with details of how to provide feedback.
The closing date for the consultation process is Thursday 30 April 2015.