'Not finding guilt is a verdict' says Human Rights Group on retrial law

Thursday, 19 March 2026 07:30

The Jersey Human Rights Group is concerned about government plans to allow a retrial for cases of hung juries.

Human rights campaigners are opposing plans from the Justice Minister to permit a single retrial where a jury has failed to reach a majority verdict.

Deputy Mary Le Hegarat put forward the plans last month, saying 'a hung jury is not a verdict' and that it 'leaves victims, families and the public without any clear answer'.

READ: Move to allow a retrial in Jersey after a hung jury

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

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.

The JHRG says, in a small jurisdiction such as Jersey, media coverage of trials can make it difficult to ensure that any second jury remains uninfluenced by earlier reporting, meaning their decision cannot be independent.

Chair of the Group, Deputy Montfort Tadier, says if the prosecution can't convince 10 of 12 the jury of the person's guilt, then the person should be acquitted, as they are now:

"The Minister is saying that a hung jury gives an uncertain decision, but I think there's another way to look at it... If you haven't convinced a jury of somebody's guilt, then that in itself is a verdict.

"It's right in those circumstances to acquit the defendant, if the prosecution hasn't convinced the jury of the defendant's guilt."

He warned that a retrial could be seen as giving the prosecution a 'second bite of the cherry.'

"There's also the issue of cost; this has to be funded effectively by the taxpayer.

"There's also the human cost, you're putting both alleged victims and the defendant and families through this a second time around when there's no guarantee it's going to end differently."

Allowing a single retrial would bring Jersey into line with other jurisdictions. It is one of several proposals int the Criminal Justice (Procedures) Amendment Law, due to be debated by the States Assembly this month.