References to explore reforms on jury selection processes are pending before the Law Reform Commissions in Western Australia and Queensland. The New South Wales Law Reform Commission's 78 recommendations addressing jury selection are being implemented. A bill passed in Federal parliament will pave the way for the Federal court to introduce jury trials in large criminal cartel cases. The Federal Court is formulating a set of appropriate procedures for jury selection in these cases. With so much reform activity in Australia, a thorough consideration of the relevance of the peremptory challenge process in the 21st century is timely. This article reviews peremptory challenge procedures in use in Australian jurisdictions. We argue that the rising popularity of empanelling by number and other new conditions under which the jury system operates obviate the need for peremptory challenges in contemporary trials.
|Number of pages||20|
|Journal||Criminal Law Journal|
|Publication status||Published - Jun 2010|