Rights Group Raises Alarm Over Plans to Introduce Retrials After Hung Juries

A local human rights organisation has expressed concern over proposed legal changes that would allow cases to be retried when juries fail to reach a majority decision.

The Jersey Human Rights Group said it had examined draft amendments to criminal procedure laws put forward by Mary Le Hegarat. The proposals would permit a single retrial if an initial case concludes with a hung jury following an extended hearing.

In its response, the group argued there is “no clear evidence” that the current system is failing or that introducing retrials would make the justice process fairer or more efficient.

However, Le Hegarat dismissed the criticism, suggesting it reflected “little understanding” of the issue. She clarified that under her proposal, only one retrial would be allowed, and if a second jury is also unable to reach a verdict, the defendant would be acquitted.

The suggested reforms follow the high-profile L'Ecume II trial, in which jurors were unable to agree on verdicts concerning two ferry crew members.

The human rights group warned that retrials could create additional complications, particularly in cases that have already received significant media attention. Its chair, Monty Tadier, said ensuring a new jury remains impartial would be increasingly difficult once details of a case are widely known.

He added that a hung jury should not be viewed as a failure of the system, but rather as evidence that the high burden of proof in criminal law is being upheld. “If a jury is not sure, that should be the end of the matter,” he said, stressing the importance of the presumption of innocence.

Le Hegarat, meanwhile, argued there is already clear justification for change, pointing to several recent trials—including the L’Ecume II case—that concluded without a decision on the main charges. She also noted that an independent legal review had recommended introducing retrial provisions, particularly in serious cases such as rape and sexual offences.

“A hung jury is not an acquittal—it is effectively a ‘don’t know’,” she said, adding that similar retrial systems operate in other common law jurisdictions without breaching human rights standards.

She further highlighted that Jersey’s Court of Appeal already has powers to overturn convictions or acquittals and order retrials where new evidence comes to light, within an established legal framework.

The States Assembly is expected to debate the proposals later this month.