Inspiring or undermining confidence: Amendments to the right to judge alone trials in the ACT

This article considers the development of the law surrounding judge alone trials in the ACT, which culminated in the passage of the Criminal Proceedings Legislation Amendment Act 2011 (ACT). It proposes that the amended legislation, despite assertions to the contrary in the compatibility and explanatory statements, is incompatible with the right to a fair trial by an independent, impartial tribunal articulated in the Human Rights Act 2004 (ACT) (‘HRA’). 7