Criminal Code Amendment (Right of Reply) Act 1999 (TAS)

In the Supreme Court of Tasmania, the matter of the Criminal Code Amendment (Right of Reply) Act 1999 was considered, which amended the Criminal Code to introduce a right of reply for the accused in criminal trials. The act was challenged on the basis that it infringed upon the right to silence and the presumption of innocence, which are fundamental principles in the Australian criminal justice system. The court was tasked with determining whether the amendment was consistent with the Constitution and whether it unduly burdened the rights of the accused.

The legal issues before the court were whether the amendment violated the right to silence and the presumption of innocence, both of which are enshrined in the common law and the Australian Constitution. The court had to examine whether the right of reply compelled the accused to incriminate themselves and whether it potentially undermined the presumption of innocence by suggesting that the accused must address certain matters in their defence.

The court found that the right of reply, as introduced by the amendment, did not compel the accused to incriminate themselves. It held that the accused could choose to remain silent and that the right of reply was merely an opportunity to address the jury, not a requirement to provide evidence. Furthermore, the court concluded that the presumption of innocence was not compromised by the amendment, as the accused could still rely on this principle throughout the trial. The court upheld the amendment, finding it consistent with the Constitution and not unduly burdensome on the rights of the accused.

The court's decision resulted in the Criminal Code Amendment (Right of Reply) Act 1999 being declared valid and effective. The act allows the accused or their counsel to address the jury immediately after the prosecution's address, identifying matters of fact that are not in dispute and issues important to the defence case. This ruling ensures that the right of reply is available as a procedural option, without compelling the accused to relinquish any constitutional rights.