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Department of Justice

Draft Bill to amend the Criminal Code Act 1924

The Government is currently seeking feedback on a draft Bill to amend the Criminal Code Act 1924.

Proposed amendments 

The proposed amendments will allow a convicted person the right to make a further appeal on the basis of fresh and compelling evidence, even after ordinary appeal rights have been exhausted.

In Tasmania the only avenue currently open to a convicted person, if fresh and compelling evidence comes to light after normal appeal rights have been exercised, is to petition the Governor to exercise the royal prerogative of mercy.

The draft Bill gives a convicted person a legal right to have the conviction reviewed by the Court of Criminal Appeal in specific circumstances.

This Bill is similar to amendments introduced in South Australia in 2013.

Criminal Code Amendment (Second or Subsequent Appeal for Fresh and Compelling Evidence) Bill 2015 (pdf, 120.3 KB) 

Comment period 

Comments on the Bill should be provided to the Department of Justice by 30 April 2015.

Email:

legislation.development@justice.tas.gov.au

OR

Mail:

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart   TAS   7001