In May 2023, the ACT Government introduced the Supreme Court Amendment Bill 2023 to introduce a new right to appeal a conviction or a finding of guilt on the basis of fresh and compelling evidence.

The Bill allows the court to grant leave to a person to bring an appeal against any conviction or finding of guilt if satisfied that:

1. there is fresh and compelling evidence in relation to the offence that should be considered on an appeal; and

1. it is in the interests of justice for the order to be made.

In 2022, the ACT Government sought community views and feedback on two issues relating to wrongful convictions in criminal cases in the ACT Supreme Court:

• a right to appeal a conviction on the grounds of fresh and compelling evidence; and
• parameters for the assessment of compensation where a person has been a wrongfully convicted.

A right to appeal a wrongful conviction due to new and compelling evidence and clarity about the right to compensation if someone is wrongfully convicted of a crime will enhance fairness and transparency in the ACT criminal justice system.

A Discussion Paper on wrongful convictions has been released and is available on this page here to support community feedback on reform to the right to appeal a wrongful conviction and parameters for the assessment of compensation.

A Listening Report on the community and stakeholder feedback on the proposed reforms was published in November 2022.

Comments and submissions we received from the community and during other consultations helped shaped the ACT Government's approach to reforms.