Debate on jury amendment bill suspended

Justice and Constitutional Affairs Minister Delroy Chuck last week suspended debate on the Jury (Amendment) bill, 2026, after Opposition leader Mark Golding said he could not support the proposed law in its current form as there were provisions that required significant adjustments.

The bill seeks to modernise and strengthen the jury system in Jamaica and safeguard the administration of justice in circumstances where jury tampering poses “a real and present threat”.

In outlining provisions in the bill, Chuck said clauses 5 and 6 would repeal sections 35 and 36 to provide for payment to persons who attend court for the jury selection process and payment to persons who serve as jurors in both civil and criminal trials. The payment to jurors is to increase from $2,000 to $6,000.

A new provision in the bill which sets out the method of payment in civil jury trials did not find favour with Golding. The provision (Clause 7) provides that the party who applies for a jury trial must pay the required money into court.

According to Golding, this provision creates a conflict of interest, noting that it was the party who applied to have a trial by jury who would be paying the jurors. Arguing that this could create a perception of bias, Golding said “Whoever pays the piper calls the tune”.

Commenting on Section 42a of the bill that deals with trial by judge alone, Chuck said this provision permits the prosecution, before trial, to apply for a trial to be conducted without a jury where there is evidence of a real and present danger of jury tampering.

“Importantly, the judge must be satisfied that jury tampering is likely notwithstanding protective measures; and the decision must be necessary in the interest of justice,” Chuck added.

However Golding questioned why the provision confined the right to the prosecution to request a trial by jury and not extend this also to the defence.

“There should be a general right for the defence to apply to the court for trial by judge alone,” he noted.

The Opposition leader also questioned why the Government did not introduce the increased fees for jurors by including it in the regulations instead of the bill.

Golding agreed with Opposition spokesperson on justice Zuleka Jess that the provision dealing with trial by judge alone, in circumstances where jury tampering may arise, should be referred to a joint select committee to allow stakeholders and the public to deliberate on the issue before making adjustments to the law.

Chuck said the technical teams at his ministry would review suggestions made by the opposition with a view to making changes before proceeding with the bill.

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