Sweeping updates proposed for island’s criminal jury rules
A draft overhaul of procedures for jury trials to tackle the backlog of cases in the island’s criminal courts is to go to the public next week for feedback.
Proposals in the 13-page consultation document include cutting the number of jurors from 12 to eight; raising the maximum age for juror eligibility from 70 to 75; reducing exemption categories; and easing restrictions on potential jurors with criminal convictions.
Another document proposes enabling criminal matters to be heard before a judge in cases presenting “a real and present danger” of jury tampering, or jury bias in a small community.
The draft proposals also raise the potential for using artificial intelligence in vetting jurors, while a third document concerns civil trials — including a proposal to allow for two alternate jurors to protect against trial disruption.
Some of the measures were raised in the Senate last month by Kim Wilkerson, the Attorney-General and Minister of Justice, who told the Upper House they were under review by the Chief Justice and the judiciary.
It followed the Attorney-General’s acknowledgement in June that the Government “fully recognises the profound impact of court backlogs on defendants and victims, and we are actively addressing this issue with urgency and intention”.
Ms Wilkerson was speaking after the Bermuda Equal Justice Initiative highlighted the case backlog and called for extra court resources.
The consultation paper states that reforms would “address obstacles with securing a sufficient jury pool due to the island’s population”.
Measures outlined would also boost the pay for those serving on the jury panel and revise procedures for allowing juries to separate once deliberations have started.
Bolstering Bermuda’s pool of jurors with amendments to the 1971 legislation featured a year ago in the 2024-25 Throne Speech.
The main consultation document’s 14 proposals start with reducing the size of criminal trial juries, now set at 12 following the precedent of the English legal system.
That move would also reduce the number required to reach a majority verdict.
It proposes allowing medical exemptions from jury service by certificate, rather than having to appear in court — while setting the maximum age at 75 would suit a jurisdiction where “the population is small, ageing and civic participation is essential to sustaining the jury system”.
Expanding eligibility beyond registered voters would ensure that service “remains a broad civic duty, not a privilege tied to political participation”.
The document also said that easing restrictions based on criminal convictions would make for “a more inclusive, rehabilitative and fair jury system”.
It further suggested shrinking the pool of potential jurors that are summoned to court for jury selection before trials go ahead.
Jury service comes with financial compensation for those who attend as part of the selection panel, as well as jurors who serve.
However, the proposals would increase the amount from $10 to $25 for people who show up for selection without being chosen.
That figure would rise to $50 for jury members who have to stay overnight or part of a night.
Pay for serving jurors could increase from $25 to $150 daily, based on a rough minimum daily wage. Compensation would go to $75 for serving part of the day.
Legal reforms could also change juror exemption based on job requirements.
Rather than giving an automatic discharge, a judge could tailor exemption to “a specific period of time based on an employer’s request”.
Two more proposals would fix minor typographical mistakes in the original legislation.
Proposal 11 would reduce exemption from jury service for “certain professions or social groups”, while proposal 12 would allow juries freedom from being officially sequestered once deliberations start.
The final two proposals would update rules applying to jurors with disabilities: disqualifying people defined as “dumb” would be replaced with “non-verbal”.
The document also proposes enabling people with disabilities to “serve on juries with technological assistance”, which is described as a “powerful step towards a more inclusive, representative and modern justice system”.
The moves, which would amend the Criminal Code as well as the Jurors Act, would mark “a significant step forward”, the document insisted.
It added: “Amending the requirements for eligibility to serve on a jury while simultaneously reducing the numbers required to form a jury and jury panel will address difficulties faced in reliably and consistently empanelling a jury in Bermuda.”
Consultation is expected to open on Monday and continue to the end of the year.
Documents will be posted at forum.gov.bm.
A ministry spokeswoman also said public meetings would be held in partnership with parish councils, with the first set for Somerset Cricket Club on November 6 at 7.30pm and the community encouraged to attend and share perspectives.
Comments and suggestions can be e-mailed to lawreform@gov.bm.
• To read the proposed reforms, see Related Media
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