The passing of the ‘Right to Appeal’ legislation through Parliament yesterday is a big step forward for justice in Tasmania.
The legislation introduces a modern legal approach in providing a second or subsequent right to appeal in circumstances where there is fresh and compelling evidence.
Tasmania, along with South Australia, now leads the nation in this area of the law.
I thank Members of Parliament for the unanimous support of the bill.
The new Right to Appeal provisions will apply only to the most serious of crimes.
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.