Historic Reforms to SA Criminal Appeal Laws Commence at Beginning of May

In the newly assented and commenced Statutes Amendment (Appeals) Act 2013 (No. 9 of 2013 - SA), historic progress has been made in the appeals process which allow prisoners to appeal their conviction a second time when "fresh and compelling new evidence" is available.

There has been some agitation in South Australia for a process to enable renewed appeals against conviction on the basis of fresh evidence. In August 2012 the report of the Legislative Review Committee was released.

The Committee's inquiry was prompted by a private member's Bill introduced by the Hon. Ann Bressington to establish a Criminal Cases Review Commission in South Australia. The Committee looked at the many issues associated with a Criminal Cases Review Commission and made seven recommendations.

Part of the recommendations were improvements to the appeal process contained in the new Act.

As Legal Services Director at the Aboriginal Legal Rights Movement, Mr Charles says the new appeals law offers fresh hope to a prisoner who's worked hard to earn his release but has been stymied by bureaucracy in not being able to appeal his case if fresh evidence comes to light.

Legal Academic Doctor Robert Moles says,

"Where a prisoner claims that they are a victim of a miscarriage of injustice and they haven't in fact committed the crime for which they've been convicted, then their non-parole period doesn't count for anything, because when they reach that time they will be asked whether they have remorse for what happened, they will say they didn't do it and then they will be told they are not eligible for parole...It's actually costing $80,000 a year to keep a person in prison for no particular reason other than that they won't say sorry and in circumstances where they have eminent legal and forensic experts to say that their claim to be a victim of a miscarriage of justice is perfectly reasonable."

South Australia's Attorney General John Rau says the laws are designed to respond to those few cases where compelling, fresh evidence emerges that reveals a possible injustice has occurred - such as a new witness coming forward or via new technology such as DNA testing.

South Australia becomes the first State to enact legislation of this sort and the Attorney General hopes if it is a success, other States will follow suit.

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