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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Juries Legislation Amendment Bill 2010
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Amendments about
peremptory challenges
Division 1 -- Criminal Procedure Act 2004
amended
3. Act amended 3
4. Section 104 amended 3
Division 2 -- Juries Act 1957 amended
5. Act amended 3
6. Section 32G amended 3
Part 3 -- Amendments about liability
to serve as a juror and being
excused
Division 1 -- Juries Act 1957 amended
7. Act amended 4
8. Section 3 amended 4
9. Section 4 amended 4
10. Section 5 amended 5
11. Part IV heading replaced 8
Part IV -- Jurors' books, boxes and tickets
12. Section 14 amended 8
13. Section 16A inserted 9
16A. Sheriff to prepare jurors' book for each
district 9
160--3 page i
Juries Legislation Amendment Bill 2010
Contents
14. Section 17 amended 11
15. Section 24 amended 11
16. Section 26 amended 11
17. Section 27 replaced 13
27. Extra people to be summoned to make up
for people not attending 13
18. Section 28 amended 14
19. Section 29 amended 14
20. Section 29A amended 14
21. Section 30 replaced 15
30. Rights of parties in criminal trials to
inspect list of summoned jurors 15
22. Section 32 deleted 15
23. Section 32C amended 15
24. Section 32D amended 16
25. Section 32E amended 16
26. Section 32F amended 17
27. Section 32FA amended 17
28. Section 32H amended 17
29. Part VC heading replaced 17
Part VC -- Serving summonses and excusing people
Division 1 -- Serving summonses
30. Section 33 amended 18
31. Section 33A replaced 18
33A. Information to be given to summoned
people 18
32. Section 34A deleted 18
33. Section 34B amended 18
34. Part VC Division 2 inserted 19
Division 2 -- Excusing people
34C. Term used: summoned 19
34D. Division does not affect rights to challenge
for cause 19
34E. Certificates permanently excusing people 19
34F. Summoned people may apply to be
excused 20
34G. General powers to excuse summoned
people 20
34H. Deferring jury duty for summoned people
or excusing them for good reason 22
34I. People who are not indifferent, excusing 25
34J. People who have done jury duty in
previous 5 years, excusing 26
page ii
Juries Legislation Amendment Bill 2010
Contents
35. Section 52 amended 27
36. First, Second, Third and Fourth Schedules replaced 28
Schedule 1 -- Classes of persons not eligible to
be jurors
Division 1 -- Civil and criminal trials
1. Vice-regal and parliamentary officers 28
2. Judicial and court officers 28
3. Australian legal practitioners 29
Division 2 -- Criminal trials
4. Certain public officers 29
5. Officers in the WA Police 29
Schedule 2 -- Matters to be disclosed by a person
appearing in answer to a summons to be a
juror
Division 2 -- Criminal Procedure Act 2004
amended
37. Act amended 31
38. Section 104 amended 31
Part 4 -- Miscellaneous amendments
39. Act amended 32
40. Section 2 deleted 32
41. Section 32H amended 32
42. Sections 55 and 56 replaced 32
55. Offences by jurors and others 32
56. Prejudicial actions against employees who
do jury service 33
43. Section 58B amended 35
44. Section 59 amended 36
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Juries Legislation Amendment Bill 2010
A Bill for
An Act to amend the Juries Act 1957 and the Criminal Procedure
Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Juries Legislation Amendment Bill 2010
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Juries Legislation Amendment Act 2010.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Juries Legislation Amendment Bill 2010
Amendments about peremptory challenges Part 2
Criminal Procedure Act 2004 amended Division 1
s. 3
1 Part 2 -- Amendments about peremptory challenges
2 Division 1 -- Criminal Procedure Act 2004 amended
3 3. Act amended
4 This Division amends the Criminal Procedure Act 2004.
5 4. Section 104 amended
6 (1) Delete section 104(3) and insert:
7
8 (3) The prosecutor may challenge peremptorily --
9 (a) if there is one accused, 3 jurors;
10 (b) if there are 2 or more accused, the number of
11 jurors equal to 3 times the number of accused,
12 whether or not any of the accused consent to
13 join in their challenges.
14
15 (2) In section 104(4) delete "5 jurors" and insert:
16
17 3 jurors
18
19 Division 2 -- Juries Act 1957 amended
20 5. Act amended
21 This Division amends the Juries Act 1957.
22 6. Section 32G amended
23 In section 32G(3) delete "shall be the sum of 20 and the number
24 of peremptory challenges available to the accused person or
25 persons in the trial." and insert:
26
27 is 20 plus the total number of peremptory challenges
28 available to the accused person or persons and to the
29 prosecutor in the trial.
30
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 7
1 Part 3 -- Amendments about liability to serve as a
2 juror and being excused
3 Division 1 -- Juries Act 1957 amended
4 7. Act amended
5 This Division amends the Juries Act 1957.
6 8. Section 3 amended
7 In section 3(1) insert in alphabetical order:
8
9 Australian legal practitioner has the meaning given by
10 the Legal Profession Act 2008 section 5;
11 Electoral Commissioner means the Electoral
12 Commissioner appointed under the Electoral Act 1907;
13 mental illness means an underlying pathological
14 infirmity of the mind, whether of short or long duration
15 and whether permanent or temporary, but does not
16 include a condition that results from the reaction of a
17 healthy mind to extraordinary stimuli;
18 mental impairment means intellectual disability,
19 mental illness, brain damage, dementia or senility;
20 proper officer has the meaning given by
21 subsection (2);
22
23 9. Section 4 amended
24 (1) In section 4 delete "Subject" and insert:
25
26 (1) Subject
27
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Juries Legislation Amendment Bill 2010
Amendments about liability to serve as a juror and being Part 3
excused
Juries Act 1957 amended Division 1
s. 10
1 (2) At the end of section 4 insert:
2
3 (2) Subsection (1) does not apply to a person who is
4 enrolled as stated in that subsection and who is --
5 (a) a person to whom the Electoral Act 1907
6 section 17A applies; or
7 (b) a person who is enrolled by virtue of the
8 Electoral Act 1907 section 17B(1).
9
10 10. Section 5 amended
11 (1) At the beginning of section 5 insert:
12
13 (1) In this section --
14 conviction does not include --
15 (a) a conviction that has been quashed or set aside;
16 or
17 (b) a conviction in respect of which a pardon has
18 been granted; or
19 (c) a conviction that is a spent conviction --
20 (i) for the purposes of the Spent
21 Convictions Act 1988; or
22 (ii) if the conviction is for an offence under
23 the law of a place outside Western
24 Australia, for the purposes of a law of
25 that place that substantially corresponds
26 with the Spent Convictions Act 1988;
27 relevant period has the meaning given by
28 subsection (2).
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 10
1 (2) For the purposes of determining under this section if a
2 person is eligible to serve as a juror, the relevant period
3 is the 5 years immediately before --
4 (a) if a summons has been issued under Part VA
5 or VB to the person, the first date on which the
6 person is required by the summons to attend; or
7 (b) if a summons has not been so issued, the first
8 date on which the person would have to attend
9 under a summons if it were so issued.
10
11 (2) In section 5:
12 (a) delete "Notwithstanding" and insert:
13
14 (3) Notwithstanding
15
16 (b) delete paragraph (a) and insert:
17
18 (a) is not eligible to serve as a juror at a trial if he
19 or she has reached 75 years of age; and
20 (ba) is not eligible to serve as a juror at a trial if he
21 or she is within a class of person listed in
22 Schedule 1 Division 1; and
23 (bb) is not eligible to serve as a juror at a criminal
24 trial if he or she is within a class of person
25 listed in Schedule 1 Division 2; and
26
27 (c) in paragraph (b) after "as a juror" insert:
28
29 at a trial
30
31 (d) in paragraph (b)(i)(IV) delete "period," and insert:
32
33 period;
34
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Amendments about liability to serve as a juror and being Part 3
excused
Juries Act 1957 amended Division 1
s. 10
1 (e) in paragraph (b)(i) delete the passage beginning with
2 "unless" and ending with "1988;";
3 (f) in paragraph (b)(ii) delete "has at any time within
4 5 years" and insert:
5
6 has, in the relevant period
7
8 (g) delete paragraph (b)(iii) and (iv) and insert:
9
10 (iii) has, in the relevant period in Western
11 Australia, been convicted of 2 or more
12 offences the statutory penalty for which
13 is or includes imprisonment; or
14 (iv) has, in the relevant period in Western
15 Australia, been convicted of 3 or more
16 offences against the Road Traffic
17 Act 1974;
18
19 (h) delete paragraph (c) and insert:
20
21 (c) is not qualified to serve as a juror at a trial if he
22 or she is on bail or in custody awaiting trial on
23 a charge of an offence or sentence for an
24 offence; and
25 (d) is not qualified to serve as a juror at a trial if he
26 or she is any of the following --
27 (i) an involuntary patient as defined in the
28 Mental Health Act 1996 section 3;
29 (ii) a represented person as defined in the
30 Guardianship and Administration
31 Act 1990 section 3(1);
32 (iii) a mentally impaired accused as defined
33 in the Criminal Law (Mentally Impaired
34 Accused) Act 1996 section 23;
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 11
1 (iv) a person who, under the Criminal Law
2 (Mentally Impaired Accused) Act 1996
3 Part 3, is not mentally fit to stand trial.
4
5 (i) after paragraph (b)(i) and (ii) insert:
6
7 or
8
9 (j) after paragraph (b) insert:
10
11 and
12
13 (3) At the end of section 5 insert:
14
15 (4) Notwithstanding that a person is liable to serve as a
16 juror at a trial by virtue of section 4, that person is not
17 liable to serve as a juror at the trial if he or she is
18 excused under Part VC.
19
20 11. Part IV heading replaced
21 Delete the heading to Part IV and insert:
22
23 Part IV -- Jurors' books, boxes and tickets
24
25 12. Section 14 amended
26 (1) Delete section 14(2)(b) and insert:
27
28 (b) have not reached 75 years of age.
29
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Juries Legislation Amendment Bill 2010
Amendments about liability to serve as a juror and being Part 3
excused
Juries Act 1957 amended Division 1
s. 13
1 (2) In section 14(3) delete "cause to be printed and sent to the
2 sheriff before 30 April in each year such number of each list as
3 the sheriff requisitions." and insert:
4
5 ensure the sheriff is given each list before 30 April in
6 each year.
7
8 (3) Delete section 14(3a)(b) and insert:
9
10 (b) have not reached 75 years of age.
11
12 (4) Delete section 14(8), (10), (11) and (12).
13 13. Section 16A inserted
14 After section 15 insert:
15
16 16A. Sheriff to prepare jurors' book for each district
17 (1) Before 1 July in each year the sheriff, in accordance
18 with this section, must cause to be prepared for each
19 jury district a list of names of persons in the district
20 called the jurors' book.
21 (2) The jurors' book for a jury district must be compiled
22 from the jury list prepared for the district under
23 section 14.
24 (3) If subsection (4)(d) or section 26(3)(d) or 32D(1AA)(d)
25 or 34G(2)(d) applies to a person, the name of the
26 person must be included in the jurors' book for the jury
27 district in which the person does reside.
28 (4) In preparing the jurors' book for a jury district, the
29 sheriff must omit the name of any person whom the
30 sheriff is satisfied --
31 (a) is not eligible or not qualified to serve as a juror
32 under section 5; or
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 13
1 (b) has a certificate issued under section 34E; or
2 (c) is a person who, under the Jury Exemption
3 Act 1965 (Commonwealth), shall not be
4 summoned to serve as a juror in this State; or
5 (d) no longer resides in the district; or
6 (e) has no known address; or
7 (f) has died.
8 (5) Each person's name in a jurors' book shall be
9 numbered in a regular arithmetical series.
10 (6) The persons whose names appear in the jurors' book
11 for a jury district are, subject to this Act, the persons
12 liable to serve on all juries empanelled for any trial
13 within the jury district.
14 (7) Subject to subsection (8) and any adjustment made
15 under section 34E(3)(b) or 34G(3)(a)(iii), a jurors'
16 book compiled in accordance with this Act for a jury
17 district on or before 1 July in a year shall be used --
18 (a) for the selection of the names of persons to be
19 on panels of jurors or in jury pools, as the case
20 requires, in the district from and including that
21 1 July until a new jurors' book is prepared for
22 the district; and
23 (b) notwithstanding any alteration in the
24 boundaries of the jury district in that period.
25 (8) The names of jurors summoned before 1 July in any
26 year for any trial to be held on and after that 1 July
27 shall be taken from the jurors' book in use under this
28 Act at the date when those jurors were so summoned.
29 (9) The jury officer for a district shall keep the jurors'
30 book for the district for use whenever required.
31
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Juries Legislation Amendment Bill 2010
Amendments about liability to serve as a juror and being Part 3
excused
Juries Act 1957 amended Division 1
s. 14
1 14. Section 17 amended
2 In section 17 after "persons not" insert:
3
4 eligible or
5
6 15. Section 24 amended
7 In section 24 after "she is" insert:
8
9 eligible and
10
11 16. Section 26 amended
12 Delete section 26(2), (3) and (4) and insert:
13
14 (2) At a time and place which the summoning officer shall
15 appoint, and in the presence of one of the senior
16 officers of the Supreme Court if the summoning officer
17 is the sheriff, or, if not the sheriff, in the presence of a
18 justice of the peace, the summoning officer shall do the
19 following --
20 (a) firstly --
21 (i) read aloud the name of any person
22 whose name is required to be on the
23 panel by virtue of section 34H(5)(b)
24 or (6); and
25 (ii) obtain from the box for the jury district
26 marked "Jurors in Use" the ticket the
27 number of which corresponds to that
28 name, if there is such a ticket; and
29 (iii) except in the case of an omission
30 authorised by subsection (3), write or
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 16
1 cause to be written that number and
2 name on a panel;
3 (b) secondly, cause the tickets in the box for the
4 jury district marked "Jurors in Use" to be
5 intermixed and then --
6 (i) draw one ticket from the box and read
7 its number; and
8 (ii) refer to the corresponding number in the
9 jurors' book and read aloud the name to
10 which that number is assigned in the
11 jurors' book; and
12 (iii) except in the case of an omission
13 authorised by subsection (3), write or
14 cause to be written that number and
15 name on a panel; and
16 (iv) repeat the steps in subparagraphs (i) to
17 (iii) until the panel, including any name
18 included under paragraph (a), has on it
19 the number of persons to be summoned
20 as jurors;
21 (c) thirdly, sign the panel and keep the tickets
22 corresponding to the numbers and names so
23 written on the panel until after the precept is
24 returnable;
25 (d) fourthly, draw out of the box, one at a time, a
26 sufficient number of additional tickets to be
27 kept for use under section 27(1).
28 (3) If the number on a ticket corresponds in the jurors'
29 book to the name of a person who the summoning
30 officer is satisfied --
31 (a) is not eligible or not qualified to serve as a juror
32 under section 5; or
33 (b) has a certificate issued under section 34E; or
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Juries Legislation Amendment Bill 2010
Amendments about liability to serve as a juror and being Part 3
excused
Juries Act 1957 amended Division 1
s. 17
1 (c) is a person who, under the Jury Exemption
2 Act 1965 (Commonwealth), shall not be
3 summoned to serve as a juror in this State; or
4 (d) no longer resides in the district; or
5 (e) has no known address; or
6 (f) has died,
7 the summoning officer must omit that name from the
8 panel and draw from the box a ticket in place of the
9 ticket representing the person whose name is so
10 omitted.
11
12 17. Section 27 replaced
13 Delete section 27 and insert:
14
15 27. Extra people to be summoned to make up for people
16 not attending
17 (1) If at any time before the panel for a criminal trial is
18 returnable the summoning officer --
19 (a) ascertains that a person on the panel to whom a
20 summons was issued under section 26(5)
21 cannot be served with the summons; or
22 (b) under Part VC Division 2, excuses a person on
23 the panel who has been served with a summons,
24 the officer shall choose in rotation from the jurors
25 whose names correspond with the numbers on the
26 additional tickets drawn out under section 26(2)(d)
27 such number of persons as is required to complete the
28 panel and shall place their names on the panel in
29 substitution for the names of the persons who have not
30 been served or who have been excused, as the case may
31 be.
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 18
1 (2) A person whose name is so substituted shall be
2 summoned accordingly and is bound to attend pursuant
3 to the summons notwithstanding that the summons was
4 not served on the person within the prescribed time.
5
6 18. Section 28 amended
7 Delete section 28(1) and insert:
8
9 (1) If a person to whom a summons is issued under
10 section 26(5) cannot be served or does not attend when
11 summoned, the summoning officer shall forthwith
12 place the ticket bearing the number of that person in
13 the box marked "Jurors in Reserve".
14
15 19. Section 29 amended
16 In section 29(2H):
17 (a) delete "for any reason";
18 (b) delete "attendance," and insert:
19
20 the summons under Part VC Division 2,
21
22 20. Section 29A amended
23 (1) In section 29A(1)(a) delete "sections 26(2), (3), (4), (5)
24 and (6)," and insert:
25
26 section 26(2) to (6),
27
28 (2) In section 29A(2):
29 (a) in paragraph (a) delete "or (4)" and insert:
30
31 or (3)
32
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Juries Legislation Amendment Bill 2010
Amendments about liability to serve as a juror and being Part 3
excused
Juries Act 1957 amended Division 1
s. 21
1 (b) in paragraph (b) delete "or (4)," and insert:
2
3 or (3),
4
5 (c) in paragraph (b) delete "26(3)" and insert:
6
7 26(2)
8
9 21. Section 30 replaced
10 Delete section 30 and insert:
11
12 30. Rights of parties in criminal trials to inspect list of
13 summoned jurors
14 Subject to any order made under section 43A, the
15 summoning officer must ensure a copy of every panel
16 or pool of jurors who have been summoned to attend
17 for a criminal trial is available to be inspected by the
18 parties to the trial from 8 a.m. on the day on which the
19 trial is listed to begin.
20
21 22. Section 32 deleted
22 Delete section 32.
23 23. Section 32C amended
24 Delete section 32C(1) and insert:
25
26 (1) If a jury pool is required in a jury district for trials to
27 which the pool relates, the summoning officer shall,
28 from time to time as occasion requires --
29 (a) select any person who, under section 34H(5)(b)
30 or (6), is required for the pool; and
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 24
1 (b) select at random from the jurors' book for the
2 jury district additional persons so that,
3 including any name included under
4 paragraph (a), the number of persons selected
5 will, in the officer's estimation, ensure the
6 attendance of sufficient persons at the jury
7 pool.
8
9 24. Section 32D amended
10 (1) After section 32D(1) insert:
11
12 (1AA) If the summoning officer is satisfied a person whose
13 name is selected for the purposes of section 32C --
14 (a) is not eligible or not qualified to serve as a juror
15 under section 5; or
16 (b) has a certificate issued under section 34E; or
17 (c) is a person who, under the Jury Exemption
18 Act 1965 (Commonwealth), shall not be
19 summoned to serve as a juror in this State; or
20 (d) no longer resides in the district; or
21 (e) has no known address; or
22 (f) has died,
23 the summoning officer must not issue the person a
24 summons, despite subsection (1).
25
26 (2) Delete section 32D(3).
27 25. Section 32E amended
28 In section 32E(2) delete "manually." and insert:
29
30 manually or by computer.
31
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Juries Legislation Amendment Bill 2010
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excused
Juries Act 1957 amended Division 1
s. 26
1 26. Section 32F amended
2 In section 32F(1)(a) delete "duly excused by the summoning
3 officer; and" and insert:
4
5 excused from the summons under Part VC
6 Division 2; and
7
8 27. Section 32FA amended
9 In section 32FA(1) delete "factors referred to in the Fourth
10 Schedule." and insert:
11
12 matters listed in Schedule 2.
13
14 28. Section 32H amended
15 Delete section 32H(5) and insert:
16
17 (5) If a person selected in pursuance of a pool precept is
18 excused under Part VC Division 2 and the court so
19 directs, the jury pool supervisor shall select a
20 replacement person in accordance with subsection (1),
21 include the person's name and identification number on
22 the list referred to in subsection (2) and furnish a card
23 on which is the person's identification number to the
24 court.
25
26 29. Part VC heading replaced
27 Delete the heading to Part VC and insert:
28
29 Part VC -- Serving summonses and excusing
30 people
31 Division 1 -- Serving summonses
32
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Juries Legislation Amendment Bill 2010
Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 30
1 30. Section 33 amended
2 Delete section 33(6).
3 31. Section 33A replaced
4 Delete section 33A and insert:
5
6 33A. Information to be given to summoned people
7 The summoning officer must ensure that every
8 summons issued under this Act to a person requiring
9 attendance as a juror has in it or with it a notice
10 informing the person of the following --
11 (a) the manner in which a claim that he or she is
12 not eligible or not qualified to serve as a juror
13 may be made;
14 (b) the grounds on which and the procedure by
15 which he or she may apply to be excused from
16 serving as a juror;
17 (c) the matters in Schedule 2 that he or she is
18 obliged to disclose to the summoning officer or
19 the court.
20
21 32. Section 34A deleted
22 Delete section 34A.
23 33. Section 34B amended
24 In section 34B(3) delete "existence of any of the factors referred
25 to in the Fourth Schedule." and insert:
26
27 matters in Schedule 2.
28
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Juries Legislation Amendment Bill 2010
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excused
Juries Act 1957 amended Division 1
s. 34
1 34. Part VC Division 2 inserted
2 After section 34B insert:
3
4 Division 2 -- Excusing people
5 34C. Term used: summoned
6 In this Division --
7 summoned means summoned under Part VA or VB.
8 34D. Division does not affect rights to challenge for cause
9 This Division does not affect the operation of the
10 Criminal Procedure Act 2004 section 104(5).
11 34E. Certificates permanently excusing people
12 (1) If the sheriff is satisfied that a person is permanently
13 incapable of serving effectively as a juror because of a
14 physical disability or mental impairment, the sheriff
15 may issue a certificate to the person stating that the
16 person is permanently excused from serving as a juror.
17 (2) For the purposes of subsection (1) the sheriff may
18 require a person to provide information in a statutory
19 declaration.
20 (3) On issuing a certificate to a person under
21 subsection (1), the sheriff must --
22 (a) notify the Electoral Commissioner of that fact;
23 and
24 (b) cause the person's name to be removed from
25 the jurors' book and omitted from any future
26 jurors' book.
27 (4) If the Electoral Commissioner is notified under
28 subsection (3), he or she must ensure the name of the
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Part 3 Amendments about liability to serve as a juror and being
excused
Division 1 Juries Act 1957 amended
s. 34
1 person concerned is not on any jury list prepared under
2 section 14.
3 (5) The sheriff, for good reason, may cancel a certificate
4 issued under subsection (1).
5 (6) If a person's certificate is cancelled under
6 subsection (5), then, subject to sections 14 and 16A,
7 the person's name may be included in a jury list or
8 juror's book.
9 34F. Summoned people may apply to be excused
10 (1) A person who is summoned may apply to be excused
11 from the summons under section 34G, 34H, 34I, 34J
12 or 34K or under more than one of those sections.
13 (2) An application to be excused under section 34G, 34H,
14 34I, 34J or 34K must be made to the summoning
15 officer.
16 (3) The summoning officer may refer the application to a
17 judge to decide.
18 (4) If the summoning officer refuses an application to be
19 excused under section 34G, 34H, 34I, 34J or 34K, the
20 applicant may renew the application before a judge.
21 (5) The summoning officer or judge may require an
22 applicant to provide evidence on oath or in a statutory
23 declaration to substantiate the grounds on which the
24 person seeks to be excused.
25 34G. General powers to excuse summoned people
26 (1) A judge or summoning officer may excuse a person
27 under this section --
28 (a) on his or her own initiative or an application
29 made by the person under section 34F; and
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Juries Legislation Amendment Bill 2010
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Juries Act 1957 amended Division 1
s. 34
1 (b) even if an application by the person to be
2 excused under section 34H has been refused.
3 (2) If a judge or the summoning officer is satisfied that a
4 person who is summoned --
5 (a) is not eligible or not qualified to serve as a juror
6 under section 5; or
7 (b) has a certificate issued under section 34E; or
8 (c) is a person who, under the Jury Exemption
9 Act 1965 (Commonwealth), shall not be
10 summoned to serve as a juror in this State; or
11 (d) does not reside in the district concerned; or
12 (e) does not understand spoken or written English,
13 or cannot speak English, well enough to be
14 capable of serving effectively as a juror; or
15 (f) is not capable of serving effectively as a juror
16 because he or she has a physical disability or a
17 mental impairment,
18 the judge or summoning officer must excuse the person
19 from the summons.
20 (3) As soon as practicable after a person is excused under
21 this section, the judge or summoning officer must --
22 (a) if the person is excused under subsection (2)(a),
23 (b), (c) or (d), ensure that --
24 (i) the person's name, jurors' book number
25 and identification number are removed
26 from any panel of jurors or jury pool, as
27 the case requires; and
28 (ii) every ticket and card bearing the
29 person's jurors' book number or
30 identification number is removed from
31 every box in use under this Act; and
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Division 1 Juries Act 1957 amended
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1 (iii) the person's name and jurors' book
2 number are removed from the jurors'
3 book for the district concerned;
4 (b) if the person is summoned for one or more
5 criminal trials and is excused under
6 subsection (2)(e) or (f), ensure that --
7 (i) the person's name, jurors' book number
8 and identification number are removed
9 from the panel of jurors or the jury pool,
10 as the case requires; and
11 (ii) the card bearing the person's
12 identification number is removed from
13 every box being used to select or choose
14 jurors at the trials;
15 (c) if the person is summoned for a civil trial and is
16 excused under subsection (2)(e) or (f), ensure
17 that the ticket bearing the person's jurors' book
18 number is dealt with in accordance with
19 section 29(3)(b).
20 (4) The name of a person excused under subsection (2)(e)
21 or (f) must not be removed from the jurors' book for
22 the district concerned by reason only of the excusal.
23 34H. Deferring jury duty for summoned people or
24 excusing them for good reason
25 (1) A judge or summoning officer cannot excuse a person
26 under this section except on an application made by the
27 person under section 34F.
28 (2) For the purposes of this section a person who is
29 summoned has a good reason to be excused from the
30 summons if, because of any of the following --
31 (a) the nature of the person's business or
32 occupation;
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1 (b) a special or pressing commitment that the
2 person has;
3 (c) mental impairment affecting the person;
4 (d) a physical disability that the person has;
5 (e) the person's state of physical health;
6 (f) other circumstances personal to the person,
7 attendance in accordance with the summons would
8 cause undue hardship or serious inconvenience to the
9 person, the person's family or the general public.
10 (3) If a judge or the summoning officer is satisfied a
11 person who is summoned has a good reason to be
12 excused from the summons, the judge or officer
13 may --
14 (a) unless the summons was issued as a result of
15 the person having been previously granted a
16 deferral of jury duty, grant the person a deferral
17 of jury duty and excuse the person from the
18 summons; or
19 (b) excuse the person from the summons.
20 (4) A judge or summoning officer must not excuse a
21 person from a summons under subsection (3)(b) unless
22 satisfied --
23 (a) the summons was issued as a result of the
24 person having been previously granted a
25 deferral of jury duty; and
26 (b) either --
27 (i) the reason for the person wanting to be
28 excused from the summons was not
29 reasonably foreseeable when that
30 previous deferral was granted; or
31 (ii) there are exceptional reasons why the
32 person should again be excused under
33 this section from a summons.
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Division 1 Juries Act 1957 amended
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1 (5) As soon as practicable after a person who is summoned
2 for one or more criminal trials is granted a deferral of
3 jury duty under this section, the summoning officer
4 must --
5 (a) remove --
6 (i) the person's name, jurors' book number
7 and identification number from the
8 panel of jurors or the jury pool, as the
9 case requires; and
10 (ii) the card bearing the person's
11 identification number from any box
12 being used to select or choose jurors at
13 the trials;
14 and
15 (b) place the person's name and jurors' book
16 number on either --
17 (i) a panel of jurors or a jury pool the
18 persons on which are to be summoned
19 to attend on a date within the 6 months
20 after the date on which the person, but
21 for the deferral, should have first
22 attended; or
23 (ii) if no jury is required within that period,
24 the first panel of jurors or jury pool that
25 is selected after that period.
26 (6) As soon as practicable after a person who is summoned
27 for a civil trial is granted a deferral of jury duty under
28 this section, the summoning officer must place the
29 person's name and jurors' book number on either --
30 (a) a panel of jurors or a jury pool the persons on
31 which are to be summoned to attend on a date
32 within the 6 months after the date on which the
33 person, but for the deferral, should have first
34 attended; or
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1 (b) if no jury is required within that period, the first
2 panel of jurors or jury pool that is selected after
3 that period.
4 (7) In complying with subsection (5)(b) or (6) the
5 summoning officer --
6 (a) must place the person's name and jurors' book
7 number on a panel or pool that is required for
8 the jury district in which the person resides, or
9 will reside, when summonses are issued to the
10 persons on the panel or pool; and
11 (b) must do so even if the name is not in the jurors'
12 book for that jury district.
13 34I. People who are not indifferent, excusing
14 (1) A summoning officer cannot excuse a person under
15 this section except on an application made by the
16 person under section 34F.
17 (2) A judge may excuse a person under this section on his
18 or her own initiative or an application made by the
19 person under section 34F.
20 (3) If a judge or summoning officer is satisfied that a
21 person who is summoned would not be indifferent as
22 between the parties in a trial if he or she were to serve
23 as a juror at the trial, the judge or officer must excuse
24 the person from serving as a juror at that trial.
25 (4) If a person is excused under this section from serving
26 as a juror in a criminal trial, the judge or summoning
27 officer must ensure --
28 (a) the card bearing the person's identification
29 number is removed from the ballot-box being
30 used under Part VI to choose jurors at that trial;
31 and
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1 (b) the person's name, jurors' book number and
2 identification number remains on the panel of
3 jurors or the jury pool, as the case requires,
4 until the persons on the panel or pool are no
5 longer required to attend under this Act.
6 (5) As soon as practicable after a person is excused under
7 this section from serving as a juror in a civil trial, the
8 judge or summoning officer must ensure the ticket
9 bearing the person's jurors' book number is dealt with
10 in accordance with section 29(3)(b).
11 34J. People who have done jury duty in previous 5 years,
12 excusing
13 (1) A judge or summoning officer cannot excuse a person
14 under this section except on an application made by the
15 person under section 34F.
16 (2) If a judge or the summoning officer is satisfied --
17 (a) that a person who is summoned has, in
18 accordance with an earlier summons or under
19 section 52 --
20 (i) attended any place in order to serve as a
21 juror; or
22 (ii) served as a juror,
23 in this State in the 5 years prior to the date on
24 which the person is required to first attend
25 under the current summons; and
26 (b) that a sufficient number of other persons who
27 have been summoned is present for the
28 purposes of choosing persons to be jurors,
29 the judge or officer may excuse the person from the
30 summons.
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1 (3) As soon as practicable after a person summoned for
2 one or more criminal trials is excused under this
3 section, the judge or summoning officer must ensure --
4 (a) the person's name, jurors' book number and
5 identification number are removed from the
6 panel of jurors or the jury pool, as the case
7 requires; and
8 (b) the card bearing the person's identification
9 number is removed from any box being used to
10 select or choose jurors at the trials.
11 (4) As soon as practicable after a person summoned for a
12 civil trial is excused under this section, the judge or
13 summoning officer must ensure the ticket bearing the
14 person's jurors' book number is dealt with in
15 accordance with section 29(3)(b).
16
17 35. Section 52 amended
18 (1) In section 52(1) delete "qualified and liable" and insert:
19
20 liable, eligible and qualified
21
22 (2) After section 52(3) insert:
23
24 (4) Part VC Division 2 applies to and in respect of a person
25 appointed under subsection (1) as if the person had
26 been summoned under Part VA or VB and as if the
27 appointment were a summons.
28
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Division 1 Juries Act 1957 amended
s. 36
1 36. First, Second, Third and Fourth Schedules replaced
2 Delete the First Schedule, Second Schedule, Third Schedule and
3 Fourth Schedule and insert:
4
5 Schedule 1 -- Classes of persons not eligible to
6 be jurors
7 [s. 5(3)(ba) and (bb)]
8 Division 1 -- Civil and criminal trials
9 1. Vice-regal and parliamentary officers
10 A person who is any of the following --
11 (a) the Governor or the Lieutenant-Governor or an
12 Administrator administering the government of the
13 State or a deputy of the Governor;
14 (b) a member of the Parliament of Western Australia;
15 (c) the Clerk of the Legislative Council, Clerk of the
16 Legislative Assembly, Deputy Clerk of the
17 Legislative Council, Deputy Clerk of the
18 Legislative Assembly, Clerk Assistant, Usher of the
19 Black Rod or Sergeant-at-Arms of the Parliament of
20 Western Australia.
21 2. Judicial and court officers
22 (1) A person who is any of the following --
23 (a) a judge, auxiliary judge, commissioner, master or
24 registrar of the Supreme Court or an associate to
25 any such officer;
26 (b) a judge, auxiliary judge or registrar of the District
27 Court or an associate to any such officer;
28 (c) a judge of the Family Court of Western Australia;
29 (d) a magistrate, registrar or judicial support officer of
30 the Magistrates Court;
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1 (e) a judge, magistrate, registrar or judicial support
2 officer of the Children's Court or an associate to a
3 judge of the Court;
4 (f) the State Coroner or Deputy State Coroner or a
5 coroner, appointed under the Coroners Act 1996;
6 (g) the President or a commissioner of the Western
7 Australian Industrial Relations Commission,
8 appointed under the Industrial Relations Act 1979;
9 (h) the sheriff;
10 (i) a summoning officer.
11 (2) A person who holds an appointment to act in an office listed
12 in subclause (1).
13 3. Australian legal practitioners
14 A person who is an Australian legal practitioner.
15 Division 2 -- Criminal trials
16 4. Certain public officers
17 A person who is any of the following --
18 (a) an authorised officer, as defined in the Corruption
19 and Crime Commission Act 2003 section 184(1);
20 (b) the Parliamentary Inspector of the Corruption and
21 Crime Commission, or an acting Parliamentary
22 Inspector of the Corruption and Crime Commission,
23 appointed under the Corruption and Crime
24 Commission Act 2003;
25 (c) an officer of the Parliamentary Inspector, as defined
26 in the Corruption and Crime Commission Act 2003
27 section 3(1).
28 5. Officers in the WA Police
29 A person who is any of the following --
30 (a) the Commissioner of Police appointed under the
31 Police Act 1892;
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Division 1 Juries Act 1957 amended
s. 36
1 (b) a person appointed under the Police Act 1892 Part I
2 to be a member of the Police Force of Western
3 Australia;
4 (c) a special constable appointed under the Police
5 Act 1892 Part III;
6 (d) an Aboriginal police liaison officer appointed under
7 the Police Act 1892 Part IIIA;
8 (e) a police auxiliary officer appointed under the Police
9 Act 1892 Part IIIB;
10 (f) a police cadet employed by the Commissioner of
11 Police.
12 Schedule 2 -- Matters to be disclosed by a person
13 appearing in answer to a summons to be a juror
14 [s. 32FA, 33A and 34B]
15 1. That the person has reached 75 years of age.
16 2. If the person is summoned for a civil trial, that the person is
17 in a class of person listed in Schedule 1 Division 1.
18 3. If the person is summoned for a criminal trial, that the
19 person is in a class of person listed in Schedule 1.
20 4. That the person has a criminal record that means he or she is
21 not qualified to serve as a juror under section 5(3)(b).
22 5. That the person is a person referred to in section 5(3)(c).
23 6. That the person is a person referred to in section 5(3)(d).
24 7. That the person is a person who, under the Jury Exemption
25 Act 1965 (Commonwealth), shall not be summoned to serve
26 as a juror in this State.
27 8. That the person has a physical disability or mental
28 impairment that may mean he or she is not capable of
29 serving effectively as a juror.
30 9. That the person's ability to understand spoken or written
31 English, or to speak English, may mean he or she is not
32 capable of serving effectively as a juror.
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1 10. Any reason why the person may not be indifferent between
2 the parties in a trial at which the person may be liable to
3 serve as a juror.
4
5 Division 2 -- Criminal Procedure Act 2004 amended
6 37. Act amended
7 This Division amends the Criminal Procedure Act 2004.
8 38. Section 104 amended
9 Delete section 104(5)(a) and insert:
10
11 (a) that under the Juries Act 1957 section 5 the
12 juror is not eligible or not qualified to serve as a
13 juror; or
14
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Juries Legislation Amendment Bill 2010
Part 4 Miscellaneous amendments
s. 39
1 Part 4 -- Miscellaneous amendments
2 39. Act amended
3 This Part amends the Juries Act 1957.
4 40. Section 2 deleted
5 Delete section 2.
6 41. Section 32H amended
7 Delete section 32H(4) and insert:
8
9 (4) The jury pool supervisor, or an officer on his or her
10 behalf, shall also direct the persons selected in
11 pursuance of the pool precept to attend at the court, and
12 at the time, specified in the precept.
13
14 42. Sections 55 and 56 replaced
15 Delete sections 55 and 56 and insert:
16
17 55. Offences by jurors and others
18 (1) A person who, without a reasonable excuse, does not
19 obey a summons that has been served on the person
20 under this Act commits an offence.
21 (2) A person who, without a reasonable excuse, does not
22 obey a direction given under section 32H(4) commits
23 an offence.
24 (3) A talesman who, being present and having been called,
25 without a reasonable excuse, does not appear or
26 wilfully withdraws himself or herself from the presence
27 of the court commits an offence.
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1 (4) A person who personates or attempts to personate a
2 person whose name is on a jury panel or a jury pool for
3 the purpose of sitting as a juror commits an offence.
4 Penalty: a fine of $5 000.
5 56. Prejudicial actions against employees who do jury
6 service
7 (1) In this section --
8 employee includes a person employed under a contract
9 for services;
10 employer includes a person acting on behalf of an
11 employer.
12 (2) For the purposes of this section, an employer acts
13 prejudicially against an employee if the employer does
14 any of the following --
15 (a) terminates the employee's employment;
16 (b) ceases remunerating the employee;
17 (c) reduces the employee's remuneration;
18 (d) otherwise acts so as to prejudice the employee
19 in relation to his or her employment with the
20 employer;
21 (e) threatens to take an action described in any of
22 paragraphs (a) to (d).
23 (3) For the purposes of this section, an employer who
24 employs an employee under a contract acts
25 prejudicially against the employee because the
26 employee has done or is doing jury service if the
27 employer --
28 (a) does not pay the employee under the contract
29 the earnings that the employee could
30 reasonably expect to have been paid while
31 doing the jury service, despite any breach of the
32 contract caused by doing the jury service; or
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Juries Legislation Amendment Bill 2010
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s. 42
1 (b) threatens to do so.
2 (4) For the purposes of this section, a person does jury
3 service if he or she, having been required under this
4 Act to do so, attends at any place in order to serve, or
5 does serve, as a juror.
6 (5) An employer must not act prejudicially against an
7 employee because the employee --
8 (a) is subject to a summons issued under Part VA
9 or VB; or
10 (b) has done or is doing jury service.
11 Penalty:
12 (a) for an individual, a fine of $10 000;
13 (b) for a body corporate, a fine of $50 000.
14 (6) If, in proceedings on a charge of an offence under
15 subsection (5), all the facts constituting the offence
16 other than the reason for the accused's act are proved,
17 the accused has the onus of proving the accused's act
18 was not actuated because the employee was subject to a
19 summons issued under Part VA or VB or had done or
20 was doing jury service.
21 (7) A court that convicts a person of an offence under
22 subsection (5) --
23 (a) may order the person to pay the employee a
24 sum, set by the court, by way of compensation
25 for any prejudice (including lost remuneration)
26 suffered by the employee; and
27 (b) if the offence involved the person terminating
28 an employee's employment, may also --
29 (i) order the person to re-employ the
30 employee, either in his or her old
31 position or in a similar position; or
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Juries Legislation Amendment Bill 2010
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s. 43
1 (ii) if it is not practicable to make that
2 order, order the person to pay the
3 employee compensation for loss or
4 injury caused by the termination;
5 and
6 (c) if the person does not obey an order made
7 under paragraph (b)(i), may order the person to
8 pay the employee compensation for loss or
9 injury caused by the termination.
10 (8) If under subsection (7) the court orders compensation
11 to be paid, the amount must be set by the court but
12 must not exceed the employee's remuneration in the
13 12 months immediately before the date of the offence.
14 (9) An order made under subsection (7) may be enforced
15 under the Civil Judgments Enforcement Act 2004 as if
16 it were a judgment given in the exercise of the court's
17 civil jurisdiction.
18 (10) This section does not prevent proceedings against, or
19 the punishment of, a person for contempt of court but,
20 if a person's act constitutes both an offence under this
21 section and a contempt of court, the person cannot be
22 punished for both.
23
24 43. Section 58B amended
25 Delete section 58B(3) to (6) and insert:
26
27 (3) If an employer --
28 (a) employs a person on a contract of service (the
29 employee); and
30 (b) for any period when the employee does jury
31 service, pays the employee the earnings that the
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Part 4 Miscellaneous amendments
s. 44
1 employee could reasonably expect to have been
2 paid in that period under the contract,
3 the employer is entitled to be paid by the State the fees
4 in accordance with the regulations for the employee's
5 service, unless the employer is in a class of employer
6 prescribed by the regulations.
7 (4) If an employee described in subsection (3) is not paid
8 in accordance with that subsection, the employee is
9 entitled to be paid by the State the fees in accordance
10 with the regulations for the jury service, unless he or
11 she is in a class of person prescribed by the regulations.
12 (5) A person who does jury service but who is not an
13 employee described in subsection (3) is entitled to be
14 paid by the State the fees in accordance with the
15 regulations for the jury service, unless the person is in a
16 class of person prescribed by the regulations.
17
18 44. Section 59 amended
19 (1) In section 59(1) after "this Act" insert:
20
21 for an act or omission that does not constitute an offence
22
23 (2) Delete section 59(2).
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