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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JURIES BILL 2003
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Random selection
5. Application of Act
PART 2 - LIABILITY FOR JURY SERVICE
6. Persons qualified, liable or ineligible for jury service
7. Impeaching verdict
8. Deferral of jury service
9. Excused by Sheriff for good reason
10. Permanently excused
11. Excused on ground of age
12. Excused by court for good reason
13. Court may order person not to perform jury service
14. Exemptions in certain circumstances
15. Notification to Sheriff
16. Waiver of exemption or excuse
17. Deferring or cancelling jury service
[Bill 45]-V
PART 3 - JURY DISTRICTS, ROLLS AND LISTS
18. Jury districts
19. Jury roll
20. Jury list
21. Questionnaires and documents
22. Determination of qualification and liability for jury
service
23. Enquiries relating to disqualification
24. Enquiries relating to non-disqualifying offences
PART 4 - SUMMONING JURORS
25. Civil and criminal juries
26. Reserve jurors
27. Summons
PART 5 - JURY TRIALS
28. Jury panel
29. Empanelment
30. Challenges for cause in civil trials
31. Peremptory challenges in civil trials
32. Challenges to entire panel
33. Challenges for cause in criminal trials
34. Standing aside jurors in criminal trials
35. Peremptory challenges in criminal trials
36. Determination of challenges for cause
37. Supplementary jurors
38. Oath or affirmation by jurors
39. Information for jury
40. Discharge of juror by court
41. Discharge of jury without verdict
42. Continuation of trial with reduced jury
43. Failure to reach unanimous verdict in criminal trials
2
44. Failure to reach unanimous verdict in civil trials
45. Oath or affirmation by jurykeepers
46. Jury separation after retiring to consider verdict
47. Jury separation during adjournment
48. Jury separation during argument
49. Retirement of jury on argument as to evidence
50. Temporary absence of juror
51. Misconduct concerning jurors
52. View
53. Allowances and remuneration for jury service
PART 6 - OFFENCES AND ENFORCEMENT
54. Answering questions
55. Informing disqualification or ineligibility
56. Termination of employment because of jury service
57. Restriction on publication
58. Disclosure of certain matters
59. Investigation of certain complaints
60. Offence by body corporate
61. False and misleading information
62. Impersonation of jurors
63. Influencing or threatening jurors
64. Extra payment for jury service
65. Summary offences dealt with by court
PART 7 - MISCELLANEOUS
66. Proof of service
67. Rules of Court
68. Regulations
69. Savings and transitional provisions
70. Amendment of Schedules
3
71. Administration of Act
72. Consequential amendments
73. Jury Act 1899 repealed
74. Miscellaneous amendments
SCHEDULE 1 - PERSONS DISQUALIFIED FROM JURY
SERVICE
SCHEDULE 2 - PERSONS INELIGIBLE FOR JURY
SERVICE
SCHEDULE 3 - OATH OR AFFIRMATION FOR JURORS
SCHEDULE 4 - OATH OR AFFIRMATION FOR
JURYKEEPERS
SCHEDULE 5 - OATH OR AFFIRMATION FOR JURORS
SEPARATING
SCHEDULE 6 - OATH OR AFFIRMATION FOR
JURYKEEPERS ON A VIEW
SCHEDULE 7 - OATH OR AFFIRMATION FOR
SHOWERS ON A VIEW
SCHEDULE 8 - SAVINGS AND TRANSITIONAL
PROVISIONS
SCHEDULE 9 - CONSEQUENTIAL AMENDMENTS
4
JURIES BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to provide for the operation and
administration of a system of trial by jury
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Juries Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act -
"Chief Electoral Officer" means the Chief
Electoral Officer appointed under section 4 of
the Electoral Act 1985;
[Bill 45] 5
s. 3 No. Juries 2003
"civil trial" means a trial of an issue or an
assessment of damages before the court sitting
in the exercise of a jurisdiction other than its
criminal jurisdiction;
"court" means the Supreme Court;
"criminal trial" means -
(a) a trial on indictment for an indictable
offence; and
(b) a trial of an issue by the court sitting in
the exercise of its criminal jurisdiction;
and
(c) an investigation or a special hearing
under the Criminal Justice (Mental
Impairment) Act 1999;
"deliberations" includes discussions between 2 or
more jurors during a trial of matters relevant
to that trial;
"juror" means a person who is a member of a jury;
"jury district" means a jury district referred to in
section 18;
"jury list" means a jury list referred to in
section 20;
"jury roll" means a jury roll referred to in
section 19;
"jury service" means service as a juror in a trial;
"jury service period" means the period for which a
jury roll is prepared;
"majority verdict" means a verdict on which 10
jurors agree;
6
2003 Juries No. s. 3
"non-disqualifying offence" means an offence
that does not disqualify a person from jury
service under Schedule 1;
"panel" means a panel constituted under
section 28(4);
"prohibited matter" means any statement made,
opinion expressed, argument advanced or vote
cast in the course of the deliberations of a jury;
"publish" includes disseminate, broadcast and
transmit;
"questionnaire" means a questionnaire referred to
in section 21;
"registered medical practitioner" means -
(a) a registered medical practitioner as
defined in the Medical Practitioners
Registration Act 1996; or
(b) a person registered as a medical
practitioner under a corresponding
enactment of another State or a
Territory of the Commonwealth;
"registered psychologist" means -
(a) a registered psychologist as defined in
the Psychologists Registration Act 2000;
or
(b) a person registered as a psychologist
under a corresponding enactment of
another State or a Territory of the
Commonwealth;
"reserve juror" means a person referred to in
section 26;
7
s. 4 No. Juries 2003
"Sheriff" means the sheriff or deputy sheriff of the
court;
"State roll" means the State roll as defined in the
Electoral Act 1985;
"supplementary juror" means a person referred to
in section 37;
"trial" means a civil trial or a criminal trial;
"view" includes inspection.
Random selection
4. The selection of a person for any purpose of this Act,
other than for a purpose under section 37, is to be at
random.
Application of Act
5. This Act applies to a trial involving a jury the members
of which are summoned under this Act, irrespective of
when the offence or crime to which the trial relates is
alleged to have been committed or when the cause of
action arose.
8
2003 Juries No. s. 6
PART 2 - LIABILITY FOR JURY SERVICE
Persons qualified, liable or ineligible for jury
service
6. (1) Any person who is enrolled on the State roll is
qualified and liable for jury service.
(2) A person referred to in Schedule 1 is disqualified
from jury service.
(3) A person referred to in Schedule 2 is ineligible
for jury service.
Impeaching verdict
7. (1) The fact that a juror is disqualified from, or is
ineligible for, jury service is not a ground for impeaching a
verdict unless that fact is established to the satisfaction of
the court before the verdict is delivered.
(2) Any irregularity relating to the preparation of a
jury list, the issuing of a summons, the constitution of a
panel or the selection of a jury is not a ground for
impeaching a verdict.
Deferral of jury service
8. (1) A person, or another person on his or her behalf,
may apply to the Sheriff for deferral of jury service to
another jury service period within the next 12 months.
(2) An application is to be made -
(a) after receipt of a questionnaire; or
9
s. 9 No. Juries 2003
(b) before being selected to be empanelled under
section 29.
(3) On receipt of an application, the Sheriff may -
(a) grant the application to defer a person's jury
service for a further period within the next 12
months; or
(b) refuse to grant the application.
(4) If the Sheriff refuses to grant the application to
defer a person's jury service, the Sheriff, by notice in
writing, is to notify the person accordingly.
Excused by Sheriff for good reason
9. (1) A person, or another person on his or her behalf,
before the person is selected under section 29 to be
empanelled, may apply to the Sheriff to be excused from
jury service for the whole or any part of the jury service
period.
(2) On receipt of an application, the Sheriff may -
(a) grant the application to excuse a person from
jury service for the whole or any part of the
jury service period if satisfied that there is
good reason for doing so; or
(b) refuse to grant the application if not so
satisfied.
(3) Good reason to excuse a person from jury service
means any of the following:
(a) the illness or poor health of the person;
(b) the incapacity of the person;
10
2003 Juries No. s. 9
(c) the excessive time or excessive inconvenience
to the person to travel to the place at which
the person is required to attend for jury
service;
(d) the substantial hardship to the person
resulting from attendance for jury service;
(e) the substantial financial hardship resulting
from the person's attendance for jury service;
(f) the substantial inconvenience to the public
resulting from the person's attendance for jury
service;
(g) if the person has the care of any dependant,
alternative care during the person's
attendance for jury service is not reasonably
available for that dependant;
(h) the beliefs or principles of the religious society
or body of which the person is a practising
member are incompatible with jury service;
(i) any other matter of special urgency or
importance.
(4) The Sheriff is to be satisfied by -
(a) evidence on oath or by affirmation; or
(b) statutory declaration; or
(c) any other means the Sheriff considers
appropriate.
(5) If the Sheriff refuses an application to be excused
from jury service, the Sheriff is to notify the person in
respect of whom the application was made accordingly.
11
s. 10 No. Juries 2003
Permanently excused
10. (1) A person, or another person on his or her behalf,
may apply at any time to the Sheriff for the person to be
excused permanently from jury service.
(2) On receipt of an application, the Sheriff may -
(a) grant the application to excuse a person
permanently from jury service if satisfied that
there is good reason for doing so; or
(b) refuse to grant the application if not so
satisfied.
(3) Good reason to excuse a person permanently
from jury service means any of the following:
(a) the continuing poor health of the person;
(b) the disability of the person;
(c) the beliefs or principles of the religious society
or body of which the person is a practising
member are incompatible with jury service.
(4) The Sheriff is to be satisfied by -
(a) evidence on oath or by affirmation; or
(b) statutory declaration; or
(c) any other means the Sheriff considers
appropriate.
(5) If the Sheriff refuses an application to be excused
permanently from jury service, the Sheriff, by notice in
writing, is to notify the person in respect of whom the
application was made accordingly.
12
2003 Juries No. s. 11
Excused on ground of age
11. (1) A person who is at least 70 years of age, or another
person on his or her behalf, may apply to the Sheriff for
the person to be excused from jury service -
(a) for the whole or any part of a jury service
period; or
(b) on a permanent basis.
(2) An application under subsection (1)(a) is to be
made before the person is selected under section 29 to be
empanelled.
(3) On receipt of an application, the Sheriff must
grant the application to excuse the person from jury
service in accordance with the application.
Excused by court for good reason
12. (1) The court, by order, may excuse the person from
jury service -
(a) for the whole or a part of a jury service period;
or
(b) for a longer period specified by the court; or
(c) permanently.
(2) The court may make an order under
subsection (1) on referral to it by the Sheriff if the court is
satisfied that there is good reason for the person to be
excused from jury service.
(3) For the purpose of subsection (2), good reason
includes the matters specified in section 9(3) and
section 10(3).
13
s. 13 No. Juries 2003
Court may order person not to perform jury service
13. (1) If the Sheriff considers that a person may not be
able to perform jury service, the Sheriff may apply to the
court for an order under subsection (2).
(2) If the court thinks it is just and reasonable to do
so, it may, on its own motion or on an application under
subsection (1), order that a person not perform jury
service -
(a) for the whole or any part of the jury service
period; or
(b) for a longer period specified by the court; or
(c) permanently.
Exemptions in certain circumstances
14. (1) The Sheriff may grant a person who performs jury
service an exemption from jury service for any period, not
exceeding 3 years, that the Sheriff considers appropriate.
(2) When a juror or a jury is discharged during or at
the conclusion of a trial, the court may order that the juror
is, or all the jurors are, exempt for a specified period from
jury service -
(a) if the trial required the attendance of the juror
or jury for a lengthy period; or
(b) for any other good reason.
Notification to Sheriff
15. The court is to cause the Sheriff to be notified -
(a) if it -
14
2003 Juries No. s. 16
(i) excuses or exempts a person from jury
service under section 12 or 14; or
(ii) orders that a person not perform jury
service under section 13; and
(b) of the period for which the person is excused or
exempted from jury service or ordered not to
perform jury service.
Waiver of exemption or excuse
16. A person who is -
(a) excused from jury service under section 9, 10
or 11; or
(b) exempted from jury service under section 14 -
may waive the excuse or exemption by written notice to
the Sheriff.
Deferring or cancelling jury service
17. (1) If it appears to the Sheriff, after the issue of
summonses under section 27 but before the persons
summoned attend for jury service, that, for any one or
more days of their attendance, the number summoned is
greater than the number required, the Sheriff may defer or
cancel the jury service of all or a selected number of those
persons.
(2) If it appears that the number of persons
attending for jury service exceeds the number reasonably
required, the Sheriff or the court may defer or cancel the
jury service of all or a selected number of those persons.
15
s. 18 No. Juries 2003
PART 3 - JURY DISTRICTS, ROLLS AND LISTS
Jury districts
18. (1) There is a jury district for Hobart and any other
place at which the court is held.
(2) The Governor, on the recommendation of the
Minister, is to define and appoint, by order published in
the Gazette, a jury district for Hobart and any other place
at which the court is held.
Jury roll
19. (1) The Chief Electoral Officer, at the request of the
sheriff, is to provide a roll for each jury district.
(2) The roll for a jury district is to contain the name,
address and date of birth of each person who is enrolled on
the State roll for an address within that jury district.
(3) The roll provided under this section for a jury
district is the jury roll for that jury district until a new
jury roll is provided.
Jury list
20. (1) The Sheriff is to prepare in each calendar year a
list of persons selected from a jury roll by the Sheriff as
being liable for jury service in a jury district.
(2) The jury list is to include a number of persons
the Sheriff considers adequate excluding -
(a) persons the Sheriff knows are disqualified
from, or ineligible for, jury service; and
16
2003 Juries No. s. 21
(b) persons who have served as jurors in the
previous 3 years.
(3) The jury list is to contain the name, address and
date of birth of each person on the jury list.
(4) The Sheriff may make any enquiries he or she
considers necessary to determine if -
(a) a person included on a jury list is disqualified
from, or ineligible for, jury service; or
(b) any information contained in a jury list is
incorrect.
(5) The Sheriff may amend a jury list to -
(a) correct an error; or
(b) remove from the jury list the name of a person
who is disqualified from, or ineligible for, jury
service.
(6) A jury list has effect only during the calendar
year following the year in which it was prepared.
Questionnaires and documents
21. (1) The Sheriff is to cause a questionnaire to be sent
by ordinary post to all persons on a jury list, or as many
persons selected from a jury list as the Sheriff thinks
necessary, to determine their qualification and liability for
jury service for the jury service period.
(2) A person who receives a questionnaire must -
(a) complete it in the manner specified; and
17
s. 22 No. Juries 2003
(b) return it to the Sheriff within 14 days after
receipt or within any other period specified by
the Sheriff, whichever is later.
Penalty: Fine not exceeding 30 penalty units.
(3) A person who fails to complete and return a
questionnaire as required remains liable for jury service.
(4) The Sheriff may require a person to produce a
document to determine if the person is qualified for jury
service.
(5) A person, without reasonable excuse, must not
fail to comply with a requirement under subsection (4).
Penalty: Fine not exceeding 30 penalty units or
imprisonment for a term not exceeding 3
months.
Determination of qualification and liability for jury
service
22. On receipt of a completed questionnaire from a person,
the Sheriff is to determine the qualification and liability of
the person for jury service.
Enquiries relating to disqualification
23. (1) The Sheriff is to provide the Commissioner of
Police with a copy of -
(a) each jury list; and
(b) a list of persons to be summoned under
section 27.
(2) The Commissioner of Police is to -
18
2003 Juries No. s. 24
(a) cause enquiries to be made as to whether a
person named on the jury list or the list of
persons to be summoned under section 27 has,
or is alleged to have, committed an offence in
Tasmania or elsewhere to determine whether
the person is disqualified from jury service;
and
(b) provide a report of the result of those enquiries
to the Sheriff.
(3) If an enquiry reveals that a person named on a
jury list or the list of persons to be summoned under
section 27 is disqualified, the Sheriff is to remove the
person's name from the jury list or that list.
Enquiries relating to non-disqualifying offences
24. The Commissioner of Police, at the request of the
Director of Public Prosecutions, is to -
(a) cause enquiries to be made as to whether a
person named on the list provided under
section 27(6) has, or is alleged to have,
committed a non-disqualifying offence in
Tasmania or elsewhere; and
(b) provide a report of the result of those enquiries
to the Director of Public Prosecutions.
19
s. 25 No. Juries 2003
PART 4 - SUMMONING JURORS
Civil and criminal juries
25. (1) If a civil trial is to be tried by a jury, the jury is to
be comprised of -
(a) 7 jurors; or
(b) if the court makes an order under section 26,
up to 9 jurors.
(2) A criminal trial is to be tried by a jury comprised
of -
(a) 12 jurors; or
(b) if the court makes an order under section 26,
up to 14 jurors.
Reserve jurors
26. (1) Before the jury is empanelled in a trial, the court
may order the empanelment of up to 2 reserve jurors.
(2) A reserve juror -
(a) is to have the same qualifications as a juror;
and
(b) is to be summoned and empanelled in the
same manner as a juror; and
(c) is subject to the same challenges and liability
to be stood aside or discharged as a juror; and
(d) is to take the same oath or make the same
affirmation as a juror; and
20
2003 Juries No. s. 26
(e) has the same functions, powers, entitlements
and privileges as a juror.
(3) The law in respect of jurors applies to a reserve
juror with any modifications as are required.
(4) If a juror, during a trial (whether before or after
the jury retires to consider its verdict), dies or becomes
incapable of, is disqualified from, or is discharged from,
performing the duties as a juror, the juror is to be replaced
by a reserve juror determined in a manner determined by
the court.
(5) If a reserve juror who has not replaced a juror
dies or becomes incapable of, is disqualified from, or is
discharged from, performing the duties as a juror, the trial
in respect of which he or she is a reserve juror is not
affected by that death, incapacity, disqualification or
discharge.
(6) A reserve juror is to remain in the court during a
trial in respect of which he or she is a reserve juror unless
discharged or permitted by the court to leave the precincts
of the court.
(7) The court in which a trial is being conducted, at
any time after a jury in that trial has retired to consider
its verdict, may discharge a reserve juror empanelled in
respect of that trial.
(8) If the jury retires to consider its verdict, a
reserve juror, unless otherwise directed by the court, must
not -
(a) participate in the deliberations of the jury; or
(b) enter the jury room or discuss any other
matter relating to the trial with any juror
until the jury has returned its verdict.
21
s. 27 No. Juries 2003
Summons
27. (1) The Sheriff is to issue a summons to a sufficient
number of persons selected from a jury list.
(2) A summons is to -
(a) be addressed to the person at the address
recorded in the jury list; and
(b) specify the date, time and place at which the
person is required to attend for jury service;
and
(c) specify that the person is to attend for jury
service as required until discharged; and
(d) be served on the person in person or by
ordinary post not less than 14 days before the
person is required to attend for jury service.
(3) The Sheriff may -
(a) recall and cancel a summons; and
(b) issue a fresh summons for the same purpose as
that for which the cancelled summons was
issued.
(4) A person, without reasonable excuse, must not
fail to comply with a summons.
Penalty: Fine not exceeding 30 penalty units or
imprisonment for a term not exceeding 3
months.
(5) It is a reasonable excuse for the purpose of
subsection (4) if -
(a) an application has been made under section 8
for deferral of jury service or under section 9 or
10 to be excused from jury service; and
22
2003 Juries No. s. 27
(b) the person has not been notified of the
Sheriff's decision to refuse the application
before the date specified in the summons as
the date on which the person is required to
attend for jury service.
(6) The Sheriff is to prepare a list of the names of
the persons to whom a summons was issued and provide a
copy of the list to -
(a) the Director of Public Prosecutions; and
(b) the Commissioner of Police; and
(c) the person arraigned or his or her
representative; and
(d) the parties to the trial.
23
s. 28 No. Juries 2003
PART 5 - JURY TRIALS
Jury panel
28. (1) On the day and at the time specified in the
summons issued under section 27 or on any other day and
at a time directed by the court or the Sheriff, the person
named in the summons is to attend for jury service at the
place referred to in the summons unless the person's
service is deferred or cancelled under section 17.
(2) The Sheriff or Deputy Sheriff may require a
person attending for jury service to produce evidence of his
or her identity.
(3) For each person attending for jury service, the
Sheriff or Deputy Sheriff is to cause to be prepared a
document bearing -
(a) the name, address and date of birth of the
person; and
(b) the occupation of the person.
(4) The persons who attend for jury service -
(a) constitute a panel from which a jury may be
formed; and
(b) are under the direction of the Sheriff or
Deputy Sheriff, subject to the general direction
of the court.
Empanelment
29. (1) The court is to authorise a person to select persons
to be empanelled for a jury for a trial.
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2003 Juries No. s. 29
(2) The authorised person is to select at random
from a panel a sufficient number of persons to be
empanelled for a jury for a trial.
(3) Before the selection of persons to be empanelled
for a jury for a trial, the court is to inform the person
arraigned or parties in that trial that -
(a) the persons whose names are to be called may
become jurors for the trial; and
(b) if the person arraigned or a party wants to
challenge any of them, the person arraigned or
party or the lawyer or other representative of
the person arraigned or party must make the
challenge as the potential juror comes to take
his or her seat and before he or she takes it.
(4) When the persons selected to be empanelled are
present in the court, the authorised person is to call out
their names or, if the court makes a direction under
subsection (7), their number, one after another in random
order.
(5) If 2 or more persons have the same name, the
authorised person is to call out their occupations and, if 2
or more persons have the same name and occupation, their
dates of birth.
(6) The authorised person is to call out the names or
numbers until the required number of persons are selected
taking into account any challenge, stand aside or excuse
under this Part.
(7) If the court considers that for security reasons or
for any other reason the name of any person selected
should not be read out in open court, the court, before or
after that person is present in the court, may direct that
the person be identified by number only.
(8) Persons who are selected under subsection (6) -
25
s. 30 No. Juries 2003
(a) are thereby empanelled for a jury for a trial;
and
(b) constitute the jury for that trial.
(9) A person empanelled for a jury, without
reasonable excuse, must not fail to attend as a juror until
discharged by the court.
Penalty: Fine not exceeding 60 penalty units or
imprisonment for a term not exceeding 6
months.
Challenges for cause in civil trials
30. In a civil trial, the number of potential jurors that
each party may challenge for cause is unlimited.
Peremptory challenges in civil trials
31. (1) In a civil trial, each party is allowed to challenge
peremptorily 3 potential jurors.
(2) A peremptory challenge in a civil trial is to be
made as the potential juror comes to take his or her seat
and before he or she takes it.
(3) If several parties are represented in a civil trial
by the same legal practitioner, they are taken to be one
party.
(4) If several parties are not represented in a civil
trial by the same legal practitioner -
(a) they may consent to join in their peremptory
challenges; or
26
2003 Juries No. s. 32
(b) if they do not consent, each is allowed to
challenge peremptorily as provided by
subsection (1).
(5) Unless the court otherwise orders, a potential
juror in respect of whom a peremptory challenge is made -
(a) is to return to the panel; and
(b) may be selected on a jury for another trial.
Challenges to entire panel
32. (1) A party to a trial who objects to the entire panel
may challenge the panel by stating the reasons for the
challenge before the empanelment of the jury commences.
(2) The court is to decide the challenge before
proceeding to empanel the jury.
Challenges for cause in criminal trials
33. In a criminal trial, the number of potential jurors that
each person arraigned or the Crown may challenge for
cause is unlimited.
Standing aside jurors in criminal trials
34. (1) In a criminal trial, the number of potential jurors
that the Crown may require to stand aside is unlimited.
(2) The requirement to stand aside is to be made as
the potential juror comes to take his or her seat and before
he or she takes it.
(3) A potential juror required to stand aside by the
Crown -
27
s. 35 No. Juries 2003
(a) continues to be a member of the panel from
which the jury is being selected; and
(b) is available to be selected again for the trial if
the panel is exhausted.
(4) If a potential juror required to stand aside by the
Crown is selected again from the same panel, the Crown
may not require the potential juror to stand aside again
but may challenge him or her for cause.
(5) This section does not apply to an investigation
under the Criminal Justice (Mental Impairment) Act 1999.
Peremptory challenges in criminal trials
35. (1) Each person arraigned in a criminal trial is
allowed to challenge peremptorily 6 potential jurors.
(2) A peremptory challenge is to be made as the
potential juror comes to take his or her seat and before he
or she takes it.
(3) A person arraigned may -
(a) if that person has peremptorily challenged 6
potential jurors, challenge peremptorily one
reserve juror; or
(b) if that person has peremptorily challenged
fewer than 6 potential jurors, challenge
peremptorily a number of reserve jurors that
is equal to 6 minus the number of potential
jurors challenged under subsection (1) plus
one.
(4) This section does not apply to an investigation
under the Criminal Justice (Mental Impairment) Act 1999.
28
2003 Juries No. s. 36
(5) Unless the court orders otherwise, a potential
juror in respect of whom a peremptory challenge is made -
(a) is to return to the panel; and
(b) may be selected on a jury for another trial.
Determination of challenges for cause
36. (1) A challenge to a potential juror for cause is to be
heard and determined by the court before whom the jury is
being empanelled.
(2) If a challenge for cause to a potential juror for a
trial is upheld, the person challenged is not to be
empanelled on the jury for that trial.
(3) Unless the court otherwise orders, a potential
juror in respect of whom a challenge for cause is upheld -
(a) is to return to the panel; and
(b) may be selected on a jury for another trial.
Supplementary jurors
37. (1) If there is an insufficient number of persons
available on a panel for the selection of a jury, the court,
on its own motion or on application by a party or the
person arraigned, may direct the Sheriff to supplement the
panel by -
(a) selecting a sufficient number from among
persons who are qualified and liable for jury
service; and
(b) instructing them to attend for jury service.
29
s. 38 No. Juries 2003
(2) The number of persons to be selected, and the
method of selection, are as the court directs.
(3) The persons instructed under this section to
attend for jury service become members of the panel from
which the jury for the trial is to be selected.
(4) A person, without reasonable excuse, must not
fail to comply with an instruction under subsection (1)(b).
Penalty: Fine not exceeding 30 penalty units or
imprisonment for a term not exceeding 3
months.
Oath or affirmation by jurors
38. (1) On being empanelled in a criminal trial, a juror, in
open court, must take an oath or make an affirmation.
(2) A juror in a criminal trial is to take an oath by
answering "I swear" or make an affirmation by answering
"I affirm" in reply to the oath or affirmation being
tendered in accordance with Part 1 or 2 of Schedule 3.
(3) On being empanelled in a civil trial, a juror, in
open court, must take an oath or make an affirmation.
(4) A juror in a civil trial is to take an oath by
answering "I swear" or make an affirmation by answering
"I affirm" in reply to the oath or affirmation being
tendered in accordance with Part 3 or 4 of Schedule 3.
(5) A person, without reasonable excuse, must not
fail to take the appropriate oath or make the appropriate
affirmation.
Penalty: Fine not exceeding 30 penalty units or
imprisonment for a term not exceeding 3
months.
30
2003 Juries No. s. 39
Information for jury
39. (1) The court is to inform the jury, or cause the jury to
be informed, of the following:
(a) the type of action or charge involved in the
trial;
(b) the name of the accused in a criminal trial or
the names of the parties in a civil trial;
(c) the names of the principal witnesses expected
to be called in the trial;
(d) the estimated length of the trial;
(e) any other information that the court considers
relevant.
(2) The court is to call on the jurors to seek to be
excused from jury service for the trial.
(3) The court may excuse a juror from jury service
for the trial if satisfied that the person -
(a) is unable to consider the case impartially; or
(b) is unable to perform jury service for any other
reason.
(4) If the court excuses a juror from jury service for
the trial, the court may direct that another person be
selected and sworn in for that trial.
(5) Unless the court otherwise orders, a juror
excused from jury service under subsection (3) -
(a) is to return to the panel; and
(b) may be selected on a jury for another trial.
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s. 40 No. Juries 2003
Discharge of juror by court
40. The court, during a trial, may discharge a juror
without discharging the whole jury if -
(a) it appears to the court that the juror is not
impartial; or
(b) the juror becomes incapable of continuing to
act as a juror; or
(c) the juror becomes ill or dies; or
(d) it appears to the court that, for any other
reason, the juror should not continue to act as
a juror.
Discharge of jury without verdict
41. (1) The court, at any time during a trial, in an
emergency, may discharge a jury without giving a verdict
if it is expedient to do so in the interests of justice.
(2) If a jury is discharged without giving a verdict,
the court may order the trial to be held at the same or any
future sittings of the court.
(3) If, during a trial, a judge becomes incapable of
proceeding with the trial or directing the discharge of the
jury, an officer of the court is to discharge the jury.
(4) If a jury is discharged under this section, a
person arraigned is to remain in custody unless admitted
to bail.
32
2003 Juries No. s. 42
Continuation of trial with reduced jury
42. (1) If a juror dies or is discharged during a trial and
there is no reserve juror, the court may direct that the
trial be continued with the remaining jurors.
(2) A civil trial must not continue with fewer than 6
jurors.
(3) A criminal trial must not continue with fewer
than 10 jurors.
(4) The verdict of the remaining jurors in a trial has
the same effect as if all the jurors had been present.
Failure to reach unanimous verdict in criminal
trials
43. (1) If, after deliberating for at least 2 hours, a jury in
a criminal trial, other than one relating to treason or
murder, has not reached a unanimous verdict, the court is
to take a majority verdict as the verdict of the jury.
(2) If, after deliberating for at least 6 hours, a jury in
a criminal trial relating to treason or murder has not
reached a unanimous verdict, the court is to take a
majority verdict of not guilty as the verdict of the jury.
(3) A verdict that the accused is guilty of murder or
treason is to be unanimous.
(4) If in a criminal trial, after deliberating for the
period referred to in subsection (1) or (2) as appropriate, a
jury has not reached a unanimous verdict and there is no
majority verdict, the court may discharge the jury unless
the court considers further deliberation is desirable.
33
s. 44 No. Juries 2003
(5) In a criminal trial, a majority verdict on an
alternative crime may be taken as the verdict of the jury
if -
(a) it is possible for the jury to return a verdict of
not guilty of the crime charged but guilty of
another crime with which the accused has not
been charged; and
(b) the jury reaches a verdict, unanimously or by
majority verdict, that the accused is not guilty
of the crime charged; and
(c) the jury is unable to agree on its verdict on the
alternative crime after a cumulative total of at
least -
(i) 2 hours deliberation on both crimes in
the case of a criminal trial referred to in
subsection (1); or
(ii) 6 hours deliberation on both crimes in
the case of a crime referred to in
subsection (2).
Failure to reach unanimous verdict in civil trials
44. (1) If, after deliberating for at least 3 hours, a jury in
a civil trial has not reached a unanimous verdict, the court
is to take a verdict on which 5 of the jurors agree as the
verdict of the jury.
(2) If, after deliberating for at least 4 hours, 5 of the
jurors in a civil trial are unable to agree on a verdict, the
court is to discharge the jury unless the court considers
further deliberation is desirable.
34
2003 Juries No. s. 45
Oath or affirmation by jurykeepers
45. (1) If a jurykeeper is required in a trial, the
jurykeeper is to take an oath or make an affirmation.
(2) A jurykeeper is to take an oath by answering "I
swear" or make an affirmation by answering "I affirm" in
reply to the oath or affirmation being tendered in
accordance with Part 1 or 2 of Schedule 4.
Jury separation after retiring to consider verdict
46. (1) After the jury has retired to consider its verdict
and before the verdict is given or jurors are discharged, the
court, despite any rule of law or practice to the contrary,
may -
(a) allow the jury to separate; or
(b) allow an individual juror to separate from the
jury if, in the opinion of the court, there is good
reason to do so.
(2) The court may allow a jury or juror to separate
only if each separating juror has taken an oath or made an
affirmation.
(3) A juror is to take an oath by answering "I swear"
or make an affirmation by answering "I affirm" in reply to
the oath or affirmation being tendered in accordance with
Part 1 or 2 of Schedule 5.
Jury separation during adjournment
47. (1) The court, on the adjournment of a trial, may -
(a) allow the jury to separate; or
35
s. 48 No. Juries 2003
(b) direct that the jury be kept together until it
has given its verdict or has been discharged.
(2) A jury that is subject to a direction under
subsection (1)(b) may, during any adjournment of the trial,
be taken under the charge of any officer of the court or
police officer sworn for that purpose.
(3) A member of a jury that is subject to a direction
under subsection (1)(b) must not communicate with any
person except -
(a) another member of that jury; or
(b) an officer in charge of that jury, in connection
with that officer's duties.
(4) An officer in charge of a jury that is subject to a
direction under subsection (1)(b) must not communicate
with a member of that jury except in the performance of
that officer's duties.
(5) An officer of the court or police officer who is to
be in charge of a jury that is subject to a direction under
subsection (1)(b) must take the oath or make the
affirmation specified in Schedule 4.
(6) A member of a jury, before leaving the court,
must take the oath or make the affirmation specified in
Schedule 5.
Jury separation during argument
48. The court may permit the jury in a trial to separate
while a question that the court has directed be determined
in its absence is argued and determined notwithstanding
that there has not been an adjournment of the trial.
36
2003 Juries No. s. 49
Retirement of jury on argument as to evidence
49. If a question arises in a trial as to the admissibility of
any evidence tendered, or about to be tendered, the court
may direct the jury to retire until the question is
determined if of the opinion that a party in that trial
might be prejudiced if the evidence is given or the
argument on the question takes place in the presence of
the jury.
Temporary absence of juror
50. The temporary absence of a jury in a trial necessitated
by illness or other unavoidable cause is not a separation of
the jury for the purpose of this Act if the court permits
that absence subject to any conditions and under any
safeguards the court considers necessary.
Misconduct concerning jurors
51. (1) If a person contravenes section 47, any direction
made under section 47 or any condition imposed under
section 50 -
(a) the person is guilty of contempt of court and
may be punished accordingly; and
(b) the contravention invalidates the proceedings
unless the court decides otherwise on being
satisfied that the contravention is of a trivial
nature and is not likely to prejudice the fair
trial of the case.
(2) If the contravention is discovered before
judgment, the court may -
(a) discharge the jury if it has not already been
discharged and order another jury to be sworn
37
s. 52 No. Juries 2003
for the trial at the same sittings of the court;
or
(b) adjourn the trial.
(3) The decision of the court under subsection (1)(b)
is subject to appeal.
View
52. (1) If a judge makes an order under section 53(1) of
the Evidence Act 2001, the judge, subject to section 53(4) of
that Act, may direct that the jury, at any time before their
verdict is delivered, is to be taken under the charge of
officers of the court or police officers to view the
demonstration or experiment or undertake the inspection.
(2) The judge may appoint 2 persons or, if the
accused person declines to ask for a shower, one person to
accompany the jury.
(3) A person appointed under subsection (2) must
take the oath or make the affirmation specified in
Schedule 6 or 7 as appropriate.
Allowances and remuneration for jury service
53. (1) The following persons are entitled to be paid
prescribed allowances and remuneration whether or not
they have actually served as a juror:
(a) any person who attended for jury service in
response to a summons;
(b) any person who attended for jury service as a
supplementary juror.
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2003 Juries No. s. 53
(2) A person who attends for jury service and is
excused from jury service is not to be paid any allowances
or remuneration if the person -
(a) was aware of a circumstance that may
constitute a reason for being excused under
this Act and did not apply to the Sheriff to be
excused at the first reasonable opportunity
after becoming so aware; or
(b) knowingly made a false or misleading
statement in the questionnaire.
39
s. 54 No. Juries 2003
PART 6 - OFFENCES AND ENFORCEMENT
Answering questions
54. A person to whom a question is lawfully put under
this Act by the court or the Sheriff, without reasonable
excuse, must not -
(a) fail to answer the question; or
(b) give an answer to the question that is false or
misleading.
Penalty: Fine not exceeding 30 penalty units or
imprisonment for a term not exceeding 3
months.
Informing disqualification or ineligibility
55. A person summoned to attend for jury service who
knows that he or she is disqualified from jury service or is
ineligible for jury service must inform the Sheriff as soon
as practicable -
(a) of that fact; and
(b) of the reason for the disqualification or
ineligibility.
Penalty: Fine not exceeding 30 penalty units.
Termination of employment because of jury service
56. (1) An employer must not -
(a) terminate or threaten to terminate the
employment of an employee; or
40
2003 Juries No. s. 56
(b) otherwise prejudice the position of the
employee -
because the employee is, was or is to be absent from
employment on jury service.
Penalty: In the case of -
(a) a body corporate, a fine not exceeding
600 penalty units; or
(b) a natural person, a fine not exceeding
120 penalty units or imprisonment for
a term not exceeding 12 months.
(2) If an employer is found guilty of an offence under
subsection (1), the court may -
(a) order the employer to pay the employee a
specified sum by way of reimbursement for the
salary or wages lost by the employee; and
(b) order that the employee be reinstated in his or
her former position or a similar position.
(3) If the court considers that it is impracticable to
reinstate the employee, the court may order the employer
to pay the employee an amount of compensation not
exceeding the amount of remuneration paid to the
employee by the employer during the 12 months
immediately before the employee's employment was
terminated.
(4) An order under subsection (2)(a) or
subsection (3) -
(a) is taken to be a judgment debt due by the
employer to the employee; and
(b) may be enforced in the court by which it was
made.
41
s. 57 No. Juries 2003
(5) The amount of salary or wages that would have
been payable to an employee in respect of any period that
his or her employer fails to comply with an order under
subsection (2)(b) is recoverable as a debt due to the
employee by the employer in any court of competent
jurisdiction.
Restriction on publication
57. (1) A person must not publish or cause to be published
any information or image that identifies, or is capable of
identifying, a person attending for jury service.
Penalty: In the case of -
(a) a body corporate, a fine not exceeding
3 000 penalty units; or
(b) a natural person, a fine not exceeding
600 penalty units or imprisonment for
a term not exceeding 2 years.
(2) For the purpose of subsection (1), a person who
holds a licence under the Broadcasting Services Act 1992 of
the Commonwealth or a licence continued in force under
the Broadcasting Services (Transitional Provisions and
Consequential Amendments) Act 1992 of the
Commonwealth for a broadcasting service that publishes
any information or image that identifies, or is capable of
identifying, a person attending for jury service is taken to
have caused the publication of that information or image.
(3) This section does not apply to -
(a) the publication of information or images in
respect of a proceeding under this section; or
(b) the provision of a report under section 24(b); or
42
2003 Juries No. s. 58
(c) the provision of the list as referred to in
section 27(6); or
(d) the publication of information or images of a
prescribed kind.
Disclosure of certain matters
58. (1) A person must not -
(a) publish, or cause to be published, any
prohibited matter; or
(b) solicit or obtain the disclosure by a juror or
former juror of any prohibited matter.
Penalty: In the case of -
(a) a body corporate, a fine not exceeding
3 000 penalty units; or
(b) a natural person, a fine not exceeding
600 penalty units or imprisonment for
a term not exceeding 2 years.
(2) A juror must not disclose any prohibited matter
during the course of a trial except in the course of
deliberations with another juror in that trial.
Penalty: Fine not exceeding 600 penalty units or
imprisonment for a term not exceeding 2
years.
(3) A former juror must not disclose any prohibited
matter if the person has reason to believe that the
disclosure may result in the prohibited matter being
published to the public.
43
s. 58 No. Juries 2003
Penalty: Fine not exceeding 600 penalty units or
imprisonment for a term not exceeding 2
years.
(4) The provisions of subsection (1) or subsection (3)
do not prevent a former juror from disclosing, in relation to
issues arising out of the person's service as a juror, any
prohibited matter to -
(a) a registered medical practitioner or a
registered psychologist in the course of
treatment; or
(b) a legal practitioner in the course of seeking
professional legal advice.
(5) A registered medical practitioner or registered
psychologist must not disclose any information referred to
in subsection (4) to any other person.
Penalty: Fine not exceeding 600 penalty units or
imprisonment for a term not exceeding 2
years.
(6) The provisions of this section do not prevent -
(a) a juror or former juror disclosing any
information about the deliberations of a jury
to -
(i) a judge, the court or the Magistrates
Court; or
(ii) a board or commission appointed by the
Governor; or
(iii) the Attorney-General; or
(iv) the Director of Public Prosecutions for
Tasmania for the purpose of an
investigation and prosecution relating to
44
2003 Juries No. s. 58
a criminal offence involving a juror or
former juror; or
(v) the Director of Public Prosecutions for
the Commonwealth for the purpose of an
investigation and prosecution relating to
a criminal offence involving a juror or
former juror; or
(b) the investigation by a police officer at the
request of the Director of Public Prosecutions
for Tasmania or the Director of Public
Prosecutions for the Commonwealth of a
complaint about the deliberations of a jury or
the disclosure of information about those
deliberations by a juror or former juror to the
police in the course of the investigation; or
(c) the investigation by a person authorised by the
court sitting as the Court of Appeal in relation
to an appeal to that Court of an allegation
about the deliberations of a jury or the
disclosure of information about those
deliberations by a juror or former juror to the
authorised person in the course of that
investigation; or
(d) the publication or disclosure by a person of any
information about the deliberations of a jury if
that publication or disclosure is not capable of
identifying a juror or the relevant legal
proceeding; or
(e) a person from soliciting information from a
juror or former juror in accordance with an
authority granted by the Attorney-General for
the conduct of a research project into matters
relating to juries or jury service.
45
s. 59 No. Juries 2003
(7) This section does not apply to the disclosure of
information about a proceeding for an offence under this
section if, before the proceeding was commenced, the
information had been published generally to the public.
(8) A prosecution for an offence under this section
may only be brought with the consent in writing of the
Director of Public Prosecutions or a person authorised by
the Director of Public Prosecutions to give consent for the
purposes of this subsection.
(9) An offence under this section is an indictable
offence.
Investigation of certain complaints
59. The Director of Public Prosecutions may request the
Commissioner of Police to investigate a complaint about
the deliberations of a jury or the disclosure of information
about those deliberations by a juror or former juror.
Offence by body corporate
60. If, in proceedings for an offence under this Act, it is
necessary to establish the intention or knowledge of a body
corporate, it is sufficient to show that an officer, employee
or agent of the body corporate had that intention or
knowledge.
False and misleading information
61. A person, in providing any information or making a
representation for the purpose of evading jury service,
must not -
46
2003 Juries No. s. 62
(a) provide it or make it knowing it to be false or
misleading; or
(b) omit any matter knowing that without that
matter the information or representation is
false or misleading.
Penalty: In the case of -
(a) a body corporate, a fine not exceeding
100 penalty units; or
(b) a natural person, a fine not exceeding
50 penalty units.
Impersonation of jurors
62. A person must not impersonate or attempt to
impersonate another person for the purpose of performing
jury service as that other person.
Penalty: Fine not exceeding 120 penalty units or
imprisonment for a term not exceeding 12
months.
Influencing or threatening jurors
63. A person must not -
(a) influence any juror or potential juror by any
means, other than the production of evidence
and argument in open court; or
(b) injure or threaten to injure, or cause or
threaten any detriment to, any other person on
account of anything done by the person as a
juror or for the purpose of influencing the
person as a juror; or
47
s. 64 No. Juries 2003
(c) accept or agree to accept any benefit on
account of anything done or to be done by the
person as a juror or potential juror; or
(d) prevent, obstruct or dissuade another person
from attending as a juror or potential juror.
Penalty: Fine not exceeding 500 penalty units or a
term of imprisonment not exceeding 5
years, or both.
Extra payment for jury service
64. A person must not receive any payment for attendance
for jury service, except as provided for under this Act, from
any person.
Penalty: Fine not exceeding 120 penalty units or
imprisonment for a term not exceeding 12
months.
Summary offences dealt with by court
65. (1) A summary offence under this Act may be dealt
with by the court in a manner determined by the court.
(2) If the court fines a person for an offence under
this Act, the fine is enforceable under Part 6 of the
Sentencing Act 1997.
48
2003 Juries No. s. 66
PART 7 - MISCELLANEOUS
Proof of service
66. (1) The production of a certificate signed by the
Sheriff that a questionnaire or a summons was posted or
otherwise dispatched to a person is proof, in the absence of
evidence to the contrary, that the questionnaire or
summons was served at the address of the person named
in the questionnaire or summons.
(2) If a questionnaire or summons is served by post,
the certificate referred to in subsection (1) or other
evidence of service is to -
(a) identify the questionnaire or summons served;
and
(b) state the date and place of posting.
Rules of Court
67. The judges of the Supreme Court may make Rules of
Court in respect of any matter or thing that may be
necessary for the purpose of giving effect to this Act.
Regulations
68. (1) The Governor may make regulations for the
purpose of this Act.
(2) Regulations may be made in relation to -
(a) fees and remuneration; and
(b) panels of jurors; and
49
s. 69 No. Juries 2003
(c) jury lists.
(3) Regulations may be made so as to apply
differently according to any matter, condition, limitation,
restriction, exception or circumstance specified in the
regulations.
(4) The regulations may be of a savings or
transitional nature consequent on the enactment of this
Act.
(5) Regulations under subsection (4) may take effect
from the commencement of this Act or on a later day.
Savings and transitional provisions
69. The savings and transitional provisions set out in
Schedule 8 have effect.
Amendment of Schedules
70. (1) The Governor, by order, may amend, repeal or
substitute a Schedule in whole or in part.
(2) The provisions of section 47(3), (3A), (4), (5), (6)
and (7) of the Acts Interpretation Act 1931 apply to an
order under this section as if it were regulations within the
meaning of that Act.
Administration of Act
71. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990 -
50
2003 Juries No. s. 72
(a) the administration of this Act is assigned to
the Minister for Justice and Industrial
Relations; and
(b) the department responsible to the Minister for
Justice and Industrial Relations in relation to
the administration of this Act is the
Department of Justice and Industrial
Relations.
Consequential amendments
72. The legislation specified in Schedule 9 is amended as
specified in that Schedule.
Jury Act 1899 repealed
73. The Jury Act 1899 is repealed.
Miscellaneous amendments
74. (1) The Jury (Exemption) Regulations 1984 are
rescinded.
(2) The Jury Regulations 1998 are rescinded.
51
sch. 1 No. Juries 2003
SCHEDULE 1 - PERSONS DISQUALIFIED FROM
JURY SERVICE
Section 6(2)
Prison for indictable offences
1. (1) A person is disqualified from jury service if the
person has been convicted in Tasmania or another
jurisdiction of one or more indictable offences and
sentenced to -
(a) imprisonment for a term or terms in the
aggregate of 3 years or more in respect of any
one or more of those offences; or
(b) a period of detention for 3 years or more under
a restriction order made under section 75 of
the Sentencing Act 1997 or an equivalent order
in another jurisdiction.
(2) A conviction in respect of which a free pardon
has been granted is to be disregarded for the purpose of
subclause (1).
(3) A person who has been convicted in Tasmania or
another jurisdiction of one or more indictable offences and
sentenced to imprisonment for a term or terms in the
aggregate of not less than 3 months is disqualified from
jury service for a period of 5 years from the completion of
the term of imprisonment.
(4) A person who is under parole is taken to be
serving a term of imprisonment.
52
2003 Juries No. sch. 1
Community service order
2. A person who is subject to a community service order, a
probation order or an undertaking to appear under the
Sentencing Act 1997 is disqualified from jury service.
Prison for offences
3. A person who is undergoing a term of imprisonment,
whether or not the imprisonment is wholly or partly
suspended, is disqualified from jury service.
Remanded in custody
4. A person who is remanded in custody is disqualified
from jury service.
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sch. 2 No. Juries 2003
SCHEDULE 2 - PERSONS INELIGIBLE FOR JURY
SERVICE
Section 6(3)
1. The Governor.
2. A person who is, or has been within the last 10 years -
(a) a judge; or
(b) a magistrate; or
(c) a justice approved as constituting a court of
summary jurisdiction under section 23AB of
the Justices Act 1959; or
(d) the holder of any other judicial office.
3. A practising legal practitioner.
4. A person whose duties or activities, whether paid or
voluntary, are connected with the investigation of
indictable offences, the administration of justice or the
punishment of offenders.
5. A police officer or a person who has been a police officer
within the last 10 years.
6. A member of the House of Assembly or Legislative
Council.
7. The Secretary of the responsible Department.
8. The Secretary of the department responsible for the
administration of the Youth Justice Act 1997.
9. A person who has a physical, intellectual or mental
disability that renders the person incapable of effectively
performing the duties of a juror.
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2003 Juries No. sch. 2
10. A person who is unable to communicate in, or
understand, the English language adequately.
55
sch. 3 No. Juries 2003
SCHEDULE 3 - OATH OR AFFIRMATION FOR
JURORS
Section 38
PART 1 - OATH IN CRIMINAL TRIAL
You and each of you swear by Almighty God that you will
faithfully and impartially try the issues between the
Crown and [name of accused] in this trial and give a true
verdict according to the evidence.
PART 2 - AFFIRMATION IN CRIMINAL TRIAL
You and each of you affirm that you will faithfully and
impartially try the issues between the Crown and [name of
accused] in this trial and give a true verdict according to
the evidence.
PART 3 - OATH IN CIVIL TRIAL
You and each of you swear by Almighty God that you will
faithfully and impartially try the issues and assess the
damages in this trial or inquiry and give a true verdict
according to the evidence.
PART 4 - AFFIRMATION IN CIVIL TRIAL
You and each of you affirm that you will faithfully and
impartially try the issues and assess the damages in this
trial or inquiry and give a true verdict according to the
evidence.
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2003 Juries No. sch. 4
SCHEDULE 4 - OATH OR AFFIRMATION FOR
JURYKEEPERS
Section 45(2) and 47(5)
PART 1 - OATH
You *[and each of you] swear by Almighty God that you
will well and truly keep this jury and each of its members
committed to your charge and that, except on the order of
the court, while they are in your charge, you will not allow
any of them to communicate with any other person, or any
other person with any of them, whether directly or
indirectly, and that you will not, either during the trial or
after it has finished, communicate with any juror about
any evidence given or issues raised, directly or indirectly,
at the trial.
PART 2 - AFFIRMATION
You *[and each of you] affirm that you will well and truly
keep this jury and each of its members committed to your
charge and that, except on the order of the court, while
they are in your charge, you will not allow any of them to
communicate with any other person, or any other person
with any of them, whether directly or indirectly, and that
you will not, either during the trial or after it has finished,
communicate with any juror about any evidence given or
issues raised, directly or indirectly, at the trial.
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sch. 5 No. Juries 2003
SCHEDULE 5 - OATH OR AFFIRMATION FOR
JURORS SEPARATING
Section 46(3) and 47(6)
PART 1 - OATH
You and each of you swear by Almighty God that you will
not discuss with any person other than another member of
this jury any matter relating directly or indirectly to the
evidence in this trial or the deliberations.
PART 2 - AFFIRMATION
You and each of you affirm that you will not discuss with
any person other than another member of this jury any
matter relating directly or indirectly to the evidence in this
trial or the deliberations.
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2003 Juries No. sch. 6
SCHEDULE 6 - OATH OR AFFIRMATION FOR
JURYKEEPERS ON A VIEW
Section 52(3)
PART 1 - OATH
You *[and each of you] swear by Almighty God that you
will take the jury in this case to the place and in the
manner as directed and bring the jury back into court as
soon as the view has been concluded, or, if the court has
adjourned, as soon as the court resumes the trial
(whichever is the later), that you will not allow any of
them to communicate with any other person or any other
person with any of them, other than the showers, whether
directly or indirectly, and that you will not communicate
with any juror, other than any communication necessary
in the performance of your duties.
PART 2 - AFFIRMATION
You *[and each of you] affirm that you will take the jury in
this case to the place and in the manner as directed and
bring the jury back into court as soon as the view has been
concluded, or, if the court has adjourned, as soon as the
court resumes the trial (whichever is the later), that you
will not allow any of them to communicate with any other
person or any other person with any of them, other than
the showers, whether directly or indirectly, and that you
will not communicate with any juror, other than any
communication necessary in the performance of your
duties.
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sch. 7 No. Juries 2003
SCHEDULE 7 - OATH OR AFFIRMATION FOR
SHOWERS ON A VIEW
Section 52(3)
PART 1 - OATH
You *[and each of you] swear by Almighty God that you
will well and truly show to the jury in this case all
demonstrations and experiments or assist the jury to
undertake all inspections as directed and that you will not
communicate with any juror other than any
communication necessary in the performance of your
duties.
PART 2 - AFFIRMATION
You *[and each of you] affirm that you will well and truly
show to the jury in this case all demonstrations and
experiments or assist the jury to undertake all inspections
as directed and that you will not communicate with any
juror other than any communication necessary in the
performance of your duties.
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2003 Juries No. sch. 8
SCHEDULE 8 - SAVINGS AND TRANSITIONAL
PROVISIONS
Section 69
Interpretation
1. In this Schedule -
"commencement day" means the day on which
this Act commences;
"repealed Act" means the Jury Act 1899.
Trials
2. The repealed Act continues to apply after the
commencement day in respect of a trial in which a jury
was empanelled before that day.
Jury lists
3. A jury list prepared for a jury district under the
repealed Act and in effect immediately before the
commencement day is, on that day, the jury list prepared
for the corresponding jury district under this Act.
Summonses
4. (1) A summons to attend for jury service served under
the repealed Act and returnable on a date after the
commencement day is, on that day, taken to be a summons
issued under this Act.
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sch. 8 No. Juries 2003
(2) Schedule 1 applies to persons summoned to
attend for jury service, whether the summons was issued
before or after the commencement day.
(3) Schedule 2 applies to persons summoned to
attend for jury service, whether the summons was issued
before or after the commencement day.
Exemptions
5. An exemption in force under section 7B or 7C of the
repealed Act immediately before the commencement day
continues, on that day, to be in force as it would have
continued under the repealed Act.
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2003 Juries No. sch. 9
SCHEDULE 9 - CONSEQUENTIAL AMENDMENTS
Section 72
Criminal Code Act 1924
1. Schedule 1 is amended as follows:
(a) by omitting section 93;
(b) by omitting sections 364, 365, 366 and 367;
(c) by omitting sections 370 and 370A;
(d) by omitting sections 372, 374, 375, 376, 377,
378 and 379;
(e) by omitting Appendix D.
Criminal Justice (Mental Impairment) Act 1999
1. Section 12(2) is amended by omitting "Jury Act 1899"
and substituting "Juries Act 2003".
2. Section 15(4) is amended by omitting "Jury Act 1899"
and substituting "Juries Act 2003".
Supreme Court Civil Procedure Act 1932
1. Sections 30 and 31 are repealed.
Government Printer, Tasmania 63