Move to allow a retrial in Jersey after a hung jury

Thursday, 12 February 2026 at 11:01

A single retrial will be possible where a jury has failed to reach a verdict, under plans put forward by Jersey's Justice Minister.

The planned change follows the recent L'Ecume II trial where there was a hung jury.

Deputy Mary Le Hegarat says 'a hung jury is not a verdict' and it 'leaves victims, families and the public without any clear answer'.

Last September, Lewis Carr was convicted of shipping offences over the deaths of three fishermen, but the jury could agree on the more serious charges of gross negligence manslaughter.

Allowing a single retrial will bring the island back into line with other jurisdictions.

"It ensures serious cases can be resolved properly while still protecting defendants’ rights."

It is one of several proposals int the Criminal Justice (Procedures) Amendment Law, due to be debated by the States Assembly next month.

Deputy Le Hegarat says it makes some 'straightforward improvements':

"...it tidies up outdated wording, gives Magistrates clearer case management powers, fixes minor technical issues, and modernises how jury lists and very long trials are handled. These changes are about keeping the system efficient and avoiding unnecessary delays."

There will be an update to how the Court of Appeal manages cases where a past acquittal may be quashed because of compelling new evidence.

The amendments will also allow serious cases - heard by the 'Superior Number of the Royal Court, to be put before three jurats instead of five.

"This temporary arrangement worked well during the pandemic and making it permanent will help the courts schedule cases more efficiently without affecting the quality of justice delivered."