Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Introduced the bill as Attorney-General, explaining it expands the fresh and compelling evidence double jeopardy exception to 10 additional serious offences and introduces a subsequent right of appeal for convicted persons who have exhausted their original appeal rights.
“This bill delivers important reforms for Queensland. The bill reflects this government's ongoing and unwavering commitment to ensure Queensland's criminal justice system remains contemporary and efficient and delivers fair and just outcomes for the community.”— 2023-11-29View Hansard
Referred to Legal Affairs and Safety Committee
▸6 members spoke6 support
Supports the bill as a crucial step to rectify injustices from the DNA lab failures, acknowledging the inclusion of additional offences including 'abuse of persons with an impairment of the mind'.
“This bill is a crucial step towards rectifying the injustices caused by the failures of the Miles Labor government and Queensland's DNA lab.”— 2024-03-06View Hansard
Supports the double jeopardy bill as part of the cognate debate on women's safety reforms.
“I am proud to rise in support of the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill debated in cognate with the Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill.”— 2024-03-06View Hansard
Supports the expansion of the double jeopardy exception to 10 additional serious offences to enhance criminal justice system responses to wrongful convictions and unjust acquittals.
“I am fully supportive of the bills before the House. These new laws will certainly provide stronger measures to protect those who are most vulnerable.”— 2024-03-06View Hansard
Supports the bill's framework to reopen criminal cases when new evidence emerges, acknowledging it was introduced in response to the forensic DNA lab issues and expressing hope the changes will bring more justice for victims.
“Hopefully, the changes in this bill will bring more justice, especially for our victims.”— 2024-03-06View Hansard
Welcomes the double jeopardy legislation allowing prosecution when new evidence comes to light, acknowledging the 37,000 cases affected by the DNA lab issues and over 100,000 tests needed.
“This legislation is something that I very much welcome. It is certainly great that a broader range of offences will benefit from the opportunity to prosecute once the DNA has been retested.”— 2024-03-06View Hansard
Supports the bill expanding double jeopardy exceptions, acknowledging it arose from the forensic DNA commission of inquiry findings that the criminal investigation process was under-resourced.
“It was confronting to learn that such a pivotal arm of the state's entire criminal investigation process was under-resourced and under-prioritised by the state government.”— 2024-03-06View Hansard
That the amendment be agreed to
Vote on the LNP amendment moved by Mr Nicholls to remove clause 83, which would have added sentencing guidelines requiring courts to consider the effect of systemic disadvantage and intergenerational trauma on Aboriginal and Torres Strait Islander offenders. The amendment was defeated 31-46.
The motion was defeated.
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Ayes (31)
Noes (46)
Plain English Summary
Overview
This bill reforms Queensland's criminal appeal system to allow convicted people to appeal again if fresh evidence emerges, and expands the circumstances where acquitted people can be retried for serious crimes. It brings Queensland in line with most other Australian states and territories.
Who it affects
Wrongfully convicted people gain a new avenue to seek justice, while victims of serious crimes may see offenders retried if compelling new evidence emerges for offences beyond murder.
Key changes
- Creates a subsequent appeal framework allowing convicted people to appeal after original appeals are exhausted if fresh and compelling evidence emerges
- Expands double jeopardy exceptions to 10 serious offences beyond murder, including rape, manslaughter, attempted murder, and serious child sex offences
- Allows appeals based on evidence not presented due to defence lawyer incompetence or negligence
- Applies retrospectively to past convictions and acquittals
- Includes safeguards allowing courts to summarily dismiss frivolous or vexatious appeals