'No clear evidence' to support hung jury retrials

A human rights group has voiced concerns over government proposals to allow retrials where a jury fails to reach a majority verdict.

The Jersey Human Rights Group said it had reviewed the Criminal Procedures Amendments proposed by Deputy Mary Le Hegarat, which would allow a single retrial after a lengthy hearing ended with a hung jury.

The group said there was "no clear evidence to demonstrate that the current system is inadequate or that allowing retrials would improve fairness or efficiency".

Deputy Mary Le Hegarat, Minister for Justice and Home Affairs, said the group's statement showed "little understanding of the subject".

She said: "My proposed amendment will allow one retrial to be held in the case of a hung jury, and if that retrial ends again without a verdict the accused person will be acquitted."

The proposals followed the L'Ecume II trial, which led to jurors being unable to reach verdicts on charges against two ferry crew members.

The Jersey Human Rights Group said retrials would present challenges.

The group said a hung jury was not an indication of system failure, but rather a reflection of the high standard of proof required in criminal cases.

"As previous commissioners have pointed out, once a case has been widely reported, it becomes extremely difficult to guarantee that a fresh jury can approach the evidence entirely independently," said Deputy Monty Tadier, the group's chair.

"In criminal law, we require the prosecution to prove guilt beyond reasonable doubt. If a jury is not sure, that should be the end of the matter.

"A non-majority verdict should not be seen as an unsatisfactory outcome. Rather, it is an outcome that respects the presumption of innocence, and it occurs only when the prosecution has convince a jury beyond reasonable doubt. "

Le Hegarat said: "The clear evidence that retrials are necessary is that several criminal trials in recent years, including the L'Ecume II trial in 2025, have ended without any verdict being given on the primary offence.

"It was also a recommendation of the recent independent laws review, which highlights the issue in relation to rape and serious sexual offence cases.

"A hung jury is not an acquittal, it is a 'don't know'. Many common law jurisdictions manage retrial provisions without any human rights difficulties arising.

"In Jersey, the Court of Appeal has been able to quash convictions for many years, and to quash acquittals where new evidence emerges, and to retry suspects within a well understood human rights framework."

The proposals are due to be debated at the end of March.

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