Tavares-Finson throws support behind Jury Act amendments
Government senator says changes designed to improve justice system
GOVERNMENT Senator Christian Tavares-Finson has come out in support of changes to Jamaica’s Jury Act which would see the introduction of a circumscribed regime for trials without a jury.
Debate on the Jury (Amendment) Bill 2026 started in the House of Representatives on Tuesday with a provision for a mixture of judge-alone and jury trials being used to dispense justice in Jamaica.
Debate on the Bill was scheduled to be completed last Tuesday but Minister of Justice Delroy Chuck delayed a final vote based of concerns raised by the Parliamentary Opposition.
But in a media release last weekend Tavares-Finson, who practises criminal law, argued that is important to recognise that the vast majority of cases in Jamaica are already tried by a single judge.
He noted that in the parish courts, most matters are heard by a judge sitting alone, and those judges have the authority to impose substantial custodial sentences. “Similarly, in the Gun Court, judges may impose sentences up to and including life imprisonment,” Tavares-Finson said.
The Government senator pointed out that even in serious matters such as murder, the law already permits both the prosecution and the accused to opt for a trial by a single judge, and many such cases are currently disposed of in that manner.
Tavares-Finson said when one considers the parish courts and Supreme Court matters already tried by a single judge, it is reasonable to estimate that more than 85 per cent of trials in Jamaica are presently conducted without a jury.
“Against that background, the issue before us is not whether jury trials should continue to exist. Rather, the real question is how we can make our existing system which already combines jury trials with judge-alone trials more efficient, resilient, and workable. This hybrid system is, in fact, more advanced than those in many other jurisdictions,” declared Tavares-Finson.
“The proposed amendments are therefore not about abolishing jury trials, nor do I believe that most Jamaicans would support their abolition. Instead, the legislation seeks to strengthen and modernise the system we already have,” added Tavares Finson.
He argued that a key objective of the proposed amendments to the Jury Act is to improve the experience and participation of citizens who are called to serve as jurors.
According to Tavares-Finson, central to the effort to improve the administration of justice is the need to widen the jury pool so that it better reflects the full cross section of Jamaican society, rather than disproportionately comprising those who are least able to avoid a summons.
“Expanding the pool while maintaining appropriate exclusions is essential to fairness, representativeness, and public confidence in the process,” said Tavares-Finson as he welcomed the proposed amendment which would increase the stipend paid to jurors.
“While jurors are not paid wages, the amendments increase the stipend provided to compensate them for their time and inconvenience. Jurors who are empanelled and serve on cases would see an increase from $2,000 to $6,000, while those who attend but are not selected would receive $2,000. This is a matter that has been discussed for years, and the legislation now gives effect to those discussions,” the Government senator noted.
While reiterating that he firmly supports the hybrid approach to administering justice in Jamaica, the senator said, “Unfortunately, much of this important reform has been overshadowed by broader questions about whether Jamaica should retain the jury system at all.
“While that is a legitimate subject for debate, my view is that the current system is largely functioning and can be improved without discarding the right to trial by jury a right that many Jamaicans deeply value,” added Tavares-Finson.
He also endorsed the proposals in the Bill to address the issue of jury tampering. The Bill includes a provision to empower a judge, “where it is in the interest of justice to do”, to discharge a jury during a trial if jury tampering has occurred and to continue the trial without a jury, after hearing representations from the parties.
“In such circumstances, the legislation would allow the court to move the case forward rather than allowing it to collapse entirely. This is a reform that deserves support, provided that adequate safeguards are in place to prevent misuse, whether by the prosecution, the defence, or, indeed, the court itself,” declared Tavares-Finson.