Part 3Jury districts and jury
rolls
9Jury
districts
(1)
There shall be a jury district for each place
appointed for sittings of the Supreme Court or the District Court for the
trial of any criminal or civil proceedings.
(2)
A jury district is to comprise such electoral
districts or parts of electoral districts as may be determined and notified by
the sheriff from time to time in accordance with the
regulations.
(3)
The regulations may make provision for or with
respect to the determination and notification of jury
districts.
s 9: Am 1993 No 46,
Sch 1.
10Sheriff to maintain jury
rolls
The sheriff must maintain a jury roll for each
jury district in accordance with this Part.
s 10: Subst 1996 No
4, Sch 1 [6].
11Electoral Commissioner to
deliver copies of electoral rolls to sheriff
(1)
The Electoral Commissioner shall, upon request
made by the sheriff, deliver to the sheriff the latest available copies of the
rolls of electors for such electoral districts as the sheriff may require for
the purpose of preparing jury rolls.
(2)
Such a request is to be made at least once every
15 months for each jury district.
s 11: Am 1993 No 46,
Sch 1; 1996 No 4, Sch 1 [7].
12Random selection of
prospective jurors
(1)
At intervals of not more than 12 months, the
sheriff is to select a number of persons at random from the entries in the
latest copies of rolls of electors supplied to the sheriff that relate to each
jury district. Persons who are for the time being on the jury roll for the
district are excluded from selection.
(2)
The number of persons selected must be estimated
by the sheriff as sufficient to provide, in accordance with the scheme for
selection of jurors provided by this Part, the number of persons required to
serve from time to time as jurors in the jury district.
(3)
The estimate is to allow for persons who are
excluded from jury service and for persons who will duly claim exemption from
jury service.
(4)
The particulars of persons who have been selected
under this section pursuant to the same estimate comprise a supplementary jury
roll for the district in which those persons reside until particulars on the
supplementary roll are added to the jury roll for the
district.
(5)
A computer may be used to make a selection under
this section.
s 12: Am 1993 No 46,
Sch 1. Subst 1996 No 4, Sch 1 [8]. Am 2010 No 55, Sch 1 [2].
13Persons included on
supplementary jury roll to be notified
(1)
The sheriff must send to each person whose name
is included on a supplementary jury roll for a district, and who does not
appear to the sheriff to be excluded or exempt from jury service, a
notice—
(a)
informing the person that it is proposed to
include the person on the jury roll, and
(b)
describing the classes of persons who are
excluded from jury service by Schedule 1 and who are entitled as of right to
be exempted from jury service under Schedule 2, and
(c)
informing the person that a claim for permanent
exemption may be made on the grounds referred to in section 14 (2) or a claim
for exemption on showing good cause may be made under section 14 (3),
and
(d)
containing a questionnaire that is required to be
completed by the person if—
(i)
the person is excluded from jury service or
claims exemption from jury service, or
(ii)
the particulars of the person appearing on the
questionnaire have changed, or
(iii)
the person is otherwise required by the sheriff
in the notice to complete the questionnaire, and
(e)
requiring the person, if required to complete the
questionnaire, to complete it and return it to the sheriff, within the time
specified in the notice.
(2)
Without limiting the matters that may be included
in any such questionnaire, it may include questions as to whether the person
has a physical disability that would require some form of assistance or aid to
be rendered to the person to enable the person to discharge the duties of a
juror.
s 13: Subst 1996 No
4, Sch 1 [8]. Am 1999 No 39, Sch 3 [1]; 2004 No 68, Sch 8 [1]. Subst 2010 No
55, Sch 1 [3].
14Claims for exclusion or
exemption from jury service made to sheriff
(1)
A person may claim to be excluded from jury
service by Schedule 1 or exempted from jury service as of right under Schedule
2.
(2)
A person may request the sheriff to exempt him or
her permanently from jury service because the person suffers from a permanent
mental or physical impairment that results in jury service being incompatible
with the person’s good health or that otherwise renders the person
unable to perform jury service.
(3)
A person may request the sheriff to exempt him or
her from jury service for the whole or part of any period during which the
person may be summoned for jury service by showing good cause for the
exemption.
Note—
Section 14A generally defines what constitutes
good cause for the purposes of an exemption.
(4)
The sheriff may exempt a person from jury service
whether or not on the request of the person if the sheriff is of the opinion
that there is good cause for the exemption.
(5)
A claim or request to be excluded or exempted
from jury service may be made—
(a)
in response to a notice sent to the person under
section 13, or
(b)
by application made in writing to the sheriff and
in a form approved by the sheriff.
(6)
A person who has been summoned to attend at a
trial or coronial inquest may not be excluded or exempted from jury service
under this section after the commencement of the trial or
inquest.
Note—
Section 38 enables a person summoned to attend at
a court or coronial inquest to be excused from attending by the court or
coroner concerned.
(7)
If a person claims or requests to be excluded or
exempted from jury service in accordance with this section and the sheriff
determines that the person is not excluded or exempted, the sheriff must
notify the person in writing of the sheriff’s determination and of the
person’s right to appeal to the Local Court against the
determination.
s 14: Am 1987 No 286,
Sch 2 (3); 1996 No 4, Sch 1 [9]; 2007 No 94, Sch 2. Subst 2010 No 55, Sch 1
[3].
14AWhat constitutes good cause
for the purposes of an exemption from jury service
For the purposes of this Act, a person has good
cause to be exempted or excused from jury service if—
(a)
jury service would cause undue hardship or
serious inconvenience to the person, the person’s family or the public,
or
(b)
some disability associated with that person would
render him or her, without reasonable accommodation, unsuitable for or
incapable of effectively serving as a juror, or
(c)
a conflict of interest or some other knowledge,
acquaintance or friendship exists that may result in the perception of a lack
of impartiality in the juror, or
(d)
there is some other reason that would affect the
person’s ability to perform the functions of a
juror.
ss 14A–14D: Ins
2010 No 55, Sch 1 [3].
14BDeferral of jury
service
(1)
A person who is required by summons to attend for
jury service may apply in writing to the sheriff for deferral of jury service
to a later time within the period during which the person may be summoned to
attend for jury service.
(2)
On receiving the application, the sheriff may
defer the person’s jury service to a later time within that
period.
(3)
If the sheriff decides to refuse the application,
the sheriff must inform the applicant in writing of the
decision.
(4)
The sheriff may not defer the jury service of a
person who has been summoned to attend at a trial or coronial inquest if the
trial or inquest has commenced.
ss 14A–14D: Ins
2010 No 55, Sch 1 [3].
14CSheriff may require
information and verification of information
(1)
The sheriff may require a person who claims or
requests to be excluded or exempted from jury service, or applies for deferral
of jury service, to provide evidence to the satisfaction of the sheriff to
support the claim, request or application.
(2)
The sheriff may require any of the following
information to be verified by statutory declaration—
(a)
information given in a questionnaire under
section 13,
(b)
information provided to the sheriff for the
purpose of determining whether or not a person is excluded or is to be
exempted from jury service,
(c)
information provided to the sheriff for the
purpose of determining whether or not a person’s jury service should be
deferred.
(3)
Proceedings may be taken for an offence against
this Act or the Oaths Act 1900 for
providing false or misleading information to the sheriff that is required to
be verified by statutory declaration. However, a person is not liable to be
convicted of an offence under both Acts in relation to the provision of the
same information.
ss 14A–14D: Ins
2010 No 55, Sch 1 [3].
14DSheriff to amend supplementary
jury roll and jury roll to delete persons excluded or exempt from jury
service
The sheriff is to amend a supplementary jury roll
or jury roll—
(a)
by deleting the name and particulars of a person
if—
(i)
the sheriff determines that the person is
excluded from jury service, or
(ii)
the person has claimed exemption in accordance
with this Act and has been exempted from jury service for the whole of the
period during which the person may otherwise be summoned to attend for jury
service, or
(iii)
the person is dead or no longer resides in the
jury district to which the roll relates, or
(b)
to indicate that a person on the roll has been
exempted from jury service for part of the period during which the person may
be summoned to attend for jury service, or
(c)
to indicate that the jury service of a person on
the roll has been deferred to a specified date in the period during which the
person may be summoned to attend for jury service, or
(d)
to correct the particulars relating to any person
on the roll.
ss 14A–14D: Ins
2010 No 55, Sch 1 [3].
15Appeal against being included
on jury roll or being summoned from supplementary jury
roll
(1)
A person aggrieved by a determination of the
sheriff notified to the person under section 14 may appeal to the Local Court
by lodging a notice of appeal with the registrar of that court within 21 days
after being so notified.
(2)
However, if the person is summoned to attend for
jury service on a day occurring before those 21 days have expired and before
the notice of appeal is lodged, the appeal is instead to be made (as specified
in a notice attached to the summons)—
(a)
to the judge or coroner having the conduct of the
trial or coronial inquest concerned, or
(b)
to such other judge or coroner, or to such
associate Judge, magistrate or registrar of a court, as may be specified in
the notice.
(3)
The court or person to whom an appeal is made
under this section must hear and determine the appeal.
(4)
The court or person to whom the appeal is made
must allow the appeal and order the sheriff to amend the jury roll or
supplementary jury roll appropriately if satisfied that the
appellant—
(a)
is excluded from jury service,
or
(b)
is entitled as of right to be exempted from jury
service under Schedule 2 and has duly claimed exemption,
or
(c)
should be exempted from jury service on a ground
referred to in section 14 (2) or (3).
(5)
If the court or person to whom the appeal is made
is satisfied that the appellant, having been summoned for jury service, has
good cause to be excused from attending at the relevant court or inquest, the
court or person must excuse the appellant from
attendance.
(6)
In any case not covered by subsection (4) or (5),
the court or person to whom the appeal is made must disallow the
appeal.
(7)
A decision under this section is final and
conclusive and is to be given effect by the sheriff.
(8)
A person who has lodged an appeal under this
section that has not been heard and determined is taken, for the purposes of
section 38, to have good cause to be excused from attending at a court or
coronial inquest in accordance with a summons.
s 15: Am 1987 No 286,
Sch 2 (4) (am 1988 No 20, Sch 20). Subst 1996 No 4, Sch 1 [10]. Am 2001 No
121, Sch 2.131 [1] [2]; 2005 No 31, Sch 6 [1]; 2007 No 94, Sch 2. Subst 2010
No 55, Sch 1 [3].
15APeriodic updating of jury
roll
(1)
The sheriff must supplement the jury roll for a
jury district by adding to the roll particulars of each person who has been
included on a supplementary jury roll for the district and who is not deleted
from the supplementary roll by the sheriff under section 14D or pursuant to an
order of a court or person under section 15.
(2)
The sheriff must cull from the jury roll for the
time being in force for a district particulars of each person who has been
included on the roll for 15 months (or such other period, not exceeding 2
years, as may be fixed by the regulations).
s 15A: Ins 1996 No 4,
Sch 1 [10]. Am 2010 No 55, Sch 1 [4].
16Current jury roll to be
certified by sheriff
(1)
The sheriff must, immediately after supplementing
or culling names from the jury roll for a district in accordance with section
15A, certify a list of persons as the jury roll in force for the time being
for the jury district.
(2)
A jury roll may be certified by the sheriff under
this section even though an appeal lodged under section 15 by a person on the
roll has not been determined. However, the sheriff must amend the roll as soon
as is practicable if the appeal is determined so as to require removal of the
person from the roll.
(3)
The particulars on a jury roll relating to any
person shall be the particulars relating to that person appearing on the copy
of the roll of electors for the electoral district from which that person was
selected under section 12.
(4)
The jury roll certified under this section for a
jury district remains in force until a new jury roll for the district is
certified, even if there is an alteration in the boundaries of the jury
district before the new jury roll is certified.
s 16: Am 1993 No 46,
Sch 1; 1996 No 4, Sch 1 [11].
17Records of jury rolls and
supplementary jury rolls
(1)
The sheriff must keep among the records of the
sheriff’s office the jury roll last certified for each jury district and
any supplementary jury roll being used to revise a jury
roll.
(2)
The sheriff must produce such a roll or
supplementary roll (or a certified copy of it) in any court or at any coronial
inquest if required to do so or forward a certified copy of the roll or
supplementary roll to an officer of a court if it is required for production
in that court or at that inquest.
s 17: Subst 1996 No
4, Sch 1 [12].
18, 18A
s 18: Am 1987 No 286,
Schs 1 (1), 2 (5); 1988 No 131, Sch 12 (1); 1996 No 4, Sch 2 [1] [2]; 2007 No
94, Sch 2. Rep 2010 No 55, Sch 1 [6].
s 18A: Ins 1999 No
39, Sch 3 [2]. Rep 2010 No 55, Sch 1 [6].
Part 9Offences
60Definition
(1)
A reference in this Part to a person who fails to
attend for jury service is a reference to a person who—
(a)
is duly summoned to attend at a court or coronial
inquest,
(b)
fails to attend on the first or on any subsequent
day on which the person’s attendance is required,
and
(c)
is not duly excused from that
attendance.
(2)
Where the sheriff notifies a person of an
alteration in the time or place at which the person is required by a summons
to attend for jury service, the person does not fail to attend for jury
service for the purposes of this Part if the person attends at the altered
time or place as so notified to the person.
s 60: Am 1981 No 34,
Sch 1 (4); 1996 No 4, Sch 1 [23].
61Offences relating to
responding to questionnaire
(1)
A person who is sent a notice under section 13
about the person’s inclusion on a supplementary jury roll and who is
required to return to the sheriff the questionnaire included in the notice
must not, except with good cause, fail to do so within the time specified in
the notice.
(2)
The person must not, except with good cause,
return such a questionnaire to the sheriff without complete answers to all of
the questions in it.
(3)
The person must not return such a questionnaire
to the sheriff if it contains any answer or other information that the person
knows to be false or misleading in a material respect.
Maximum penalty—10 penalty
units.
s 61: Am 1987 No 286,
Sch 1 (14). Subst 1996 No 4, Sch 1 [24]. Am 1999 No 39, Sch 3
[7].
62Supply of false or misleading
information to sheriff
(1)
A person must not provide any information or
produce any document to the sheriff that the person knows to be false or
misleading in a material respect—
(a)
when claiming to be excluded from jury service
under Schedule 1 or to be entitled as of right to be exempted from jury
service under Schedule 2, or
(b)
when requesting an exemption from jury service
under section 14, or
(c)
when applying for deferral of jury service under
section 14B, or
(d)
when claiming otherwise that the person is not or
will not be available for jury service, or
(e)
in connection with a claim for payment under
section 72.
(2)
A person must not cause or permit any
representation the person knows to be false or misleading in a material
respect to be made to the sheriff on the person’s behalf, or on behalf
of another person, for the purpose of evading jury
service.
Maximum penalty—50 penalty
units.
s 62: Am 1987 No 286,
Sch 1 (15). Subst 1996 No 4, Sch 1 [24]; 2010 No 55, Sch 1
[11].
62AFailure to inform sheriff of
exclusion from jury service
A person summoned to attend at a court or
coronial inquest who knows that he or she is excluded from jury service must,
before the day on which the person’s attendance is required, inform the
sheriff of that fact and the reason why the person is excluded from jury
service.
Maximum penalty—10 penalty
units.
s 62A: Ins 1996 No 4,
Sch 1 [24]. Subst 2010 No 55, Sch 1 [12].
63Failure to attend for jury
service
(1)
Subject to sections 64 and 66, a person who fails
to attend for jury service contravenes this section and is liable to a penalty
not exceeding 20 penalty units.
(2)
In any proceedings for an offence under this
section, a document purporting to be signed by the sheriff and to
certify—
(a)
that a specified person is recorded as having
failed to attend for jury service, or
(b)
that a specified person has declined to be dealt
with under section 64,
is evidence of the matter so
certified.
(3)
It is a defence to a prosecution for an offence
under this section if the person prosecuted proves that the person had a
reasonable excuse for his or her failure to attend for jury
service.
s 63: Am 1987 No 286,
Sch 1 (16); 1988 No 20, Sch 7 (1); 1990 No 108, Sch 1; 1996 No 4, Sch 2 [6];
1999 No 39, Sch 3 [8] [9].
64Procedure where failure to
attend for jury service
(1)
If a person fails to attend for jury service at a
court or coronial inquest, a record of that fact is to be made on the relevant
panel by order of the court, of the coroner holding the inquest or of any
court in which trials for which the panel was prepared are
held.
(2)
The sheriff shall serve, on a person who is
recorded under subsection (1) as having failed to attend for jury service, a
notice to the effect that, if the person does not desire to have the matter
referred to a court, the person—
(a)
pay to an officer specified in the notice at a
place and within a time specified in the notice an amount of penalty equal to
10 penalty units for that failure if dealt with under this section,
or
(b)
show cause to the sheriff within the time
specified in the notice why a penalty should not be imposed for that
failure.
(3)
The sheriff may require a person who shows cause
under subsection (2) (b) to verify the person’s statements by statutory
declaration.
(4)
If the sheriff determines that a person has not
shown reasonable cause under subsection (2) (b) for the person’s failure
to attend for jury service, the sheriff shall inform that person accordingly
and specify a further period of time within which the person may pay the
amount of penalty referred to in subsection (2) (a).
(5)
A person served with a notice under subsection
(2)—
(a)
has the right to decline to be dealt with under
this section, and
(b)
shall be deemed to have declined to be so dealt
with if the person does not show reasonable cause under subsection (2) (b) for
the person’s failure to attend for jury service within the time
specified in the notice and if the person fails to pay the relevant amount of
penalty within the time specified in the notice or within such further time as
may, under subsection (4) or in any particular case, be allowed by the
sheriff.
(6)
Where the relevant amount of penalty is paid
pursuant to subsection (2) (a), no person shall be liable for any further
proceedings for that failure to attend for jury service.
s 64: Am 1981 No 34,
Sch 1 (5); 1987 No 286, Sch 1 (17); 1996 No 4, Sch 1 [25]; 1999 No 39, Sch 3
[10]–[12].
65
s 65: Am 1981 No 34,
Sch 1 (6); 1987 No 286, Sch 2 (6). Rep 1988 No 20, Sch 7 (2).
66Penalty notices for failure to
attend jury service
(1)
If it appears to the sheriff or a person
prescribed by the regulations that a person has contravened section 61, or has
declined to be dealt with under section 64 in respect of a failure to attend
for jury service, the sheriff or prescribed person may serve a penalty notice
on the person.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the alleged contravention of
section 61 or 63 dealt with by a court, the person may pay, within the time
and to the person specified in the notice, the penalty of—
(a)
in the case of an alleged contravention of
section 61—5 penalty units, or
(b)
in the case of an alleged contravention of
section 63—15 penalty units.
(3)
If the relevant penalty for the alleged offence
is paid in accordance with this section, no person is liable to any further
proceedings for the alleged offence.
(4)
Payment in accordance with this section is not to
be regarded as an admission of liability for the purposes of, nor is in any
way to affect or prejudice, any civil claim, action or proceeding arising out
of the same occurrence.
(5)
(6)
This section does not limit the operation of this
or any other Act in relation to proceedings that may be taken in respect of
offences.
s 66: Am 1981 No 34,
Sch 1 (7); 1987 No 286, Sch 2 (7); 1988 No 20, Sch 7 (3). Subst 1996 No 4, Sch
2 [7]. Am 1999 No 39, Sch 3 [13]–[15].
67Personation of
jurors
Any person who personates a juror is guilty of an
offence.
Penalty: 50 penalty units.
s 67: Subst 1990 No
51, Sch 2.
67AInspection of
panel
(1)
A person must not inspect, or make available to
any other person, a panel or card prepared for the purposes of this Act by the
sheriff.
Maximum penalty—10 penalty
units.
(2)
This section does not apply to anything inspected
or made available to another person—
(a)
for the purposes of executing this
Act.
(b), (c)
s 67A: Ins 1987 No
286, Sch 1 (18). Am 1996 No 4, Sch 1 [26]; 1997 No 15, Sch 1
[16].
68Disclosure etc of identity or
address of juror
(1)
A person shall not, except in accordance with
this Act, wilfully publish any material, broadcast any matter or otherwise
disclose any information which is likely to lead to the identification of a
juror or former juror in a particular trial or inquest.
Penalty: In the case of a corporation, $250,000;
in any other case, 2 years imprisonment or 50 penalty units (or
both).
(2)
Subsection (1) does not apply to the
identification of a former juror with the consent of the former
juror.
(3)
A reference in this section to the identification
of a juror or former juror includes a reference to the disclosure of the
address of the juror or former juror.
(4)
Subsection (1) does not apply to the disclosure
of information by the sheriff to any of the following bodies or persons for
the purposes of an investigation or prosecution of a contempt of court or an
offence relating to a juror or a jury—
(a)
a court,
(b)
the New South Wales Crime
Commission,
(c)
the Independent Commission Against
Corruption,
(d)
the Law Enforcement Conduct
Commission,
(e)
the Australian Crime
Commission,
(f)
the Director of Public
Prosecutions,
(g)
the NSW Police Force,
(h)
the Australian Federal
Police.
(5)
Subsection (1) does not apply to the disclosure
of information by the sheriff to a person in accordance with an authority
granted by the Attorney General for the conduct of a research project into
matters relating to juries or jurors.
(6)
In this section—
court includes any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
s 68: Subst 1987 No
286, Sch 1 (19). Am 2001 No 85, Sch 4 [1]; 2003 No 13, Sch 1.15 [1]; 2003 No
71, Sch 5 [2]; 2011 No 62, Sch 3.17; 2016 No 61, Sch 6.28
[1].
68ASoliciting information from or
harassing jurors or former jurors
(1)
A person must not solicit information from, or
harass, a juror or former juror for the purpose of obtaining information
about—
(a)
the deliberations of a jury,
or
(b)
how a juror, or the jury, formed any opinion or
conclusion in relation to an issue arising in a trial or coronial
inquest.
Maximum penalty on indictment: imprisonment for 7
years.
(2)
The deliberations of a jury include statements
made, opinions expressed, arguments advanced or votes cast by members of the
jury in the course of their deliberations.
(3)
Subsection (1) does not prohibit 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.
(4)
Subsection (1) does not prohibit any of the
following bodies or persons from soliciting information from a juror or former
juror for the purposes of an investigation or prosecution of a contempt of
court or an offence relating to a juror or a jury—
(a)
a court,
(b)
the New South Wales Crime
Commission,
(c)
the Independent Commission Against
Corruption,
(d)
the Law Enforcement Conduct
Commission,
(e)
the Australian Crime
Commission,
(f)
the Director of Public
Prosecutions,
(g)
the NSW Police Force,
(h)
the Australian Federal
Police.
(4A)
Subsection (1) does not prohibit a juror from
soliciting information from another member of the jury during a trial or
coronial inquest.
(5)
In this section—
court includes any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
s 68A: Ins 1987 No
286, Sch 1 (20). Am 1997 No 15, Sch 1 [17] [18]; 2001 No 85, Sch 4 [2]; 2003
No 13, Sch 1.15 [2]; 2004 No 102, Sch 1 [2] [3]; 2011 No 62, Sch 3.17; 2016 No
61, Sch 6.28 [2].
68BDisclosure of information by
jurors etc
(1)
A juror must not, except with the consent of or
at the request of the judge or coroner, wilfully disclose to any person during
the trial or coronial inquest information about—
(a)
the deliberations of the jury,
or
(b)
how a juror, or the jury, formed any opinion or
conclusion in relation to an issue arising in the trial or coronial
inquest.
Maximum penalty—20 penalty
units.
(2)
A person (including a juror or former juror) must
not, for a fee, gain or reward, disclose or offer to disclose to any person
information about—
(a)
the deliberations of a jury,
or
(b)
how a juror, or a jury, formed any opinion or
conclusion in relation to an issue arising in a trial or coronial
inquest.
Maximum penalty—50 penalty
units.
(3)
The deliberations of a jury include statements
made, opinions expressed, arguments advanced or votes cast by members of the
jury in the course of their deliberations.
(4)
Subsection (1) does not prohibit a juror from
disclosing information to another member of the jury during a trial or
coronial inquest.
s 68B: Ins 1987 No
286, Sch 1 (20). Am 2004 No 102, Sch 1 [4] [5].
68CInquiries by juror about trial
matters prohibited
(1)
A juror for the trial of any criminal proceedings
must not make an inquiry for the purpose of obtaining information about the
accused, or any matters relevant to the trial, except in the proper exercise
of his or her functions as a juror.
Maximum penalty—50 penalty units or
imprisonment for 2 years, or both.
(2)
This section applies in respect of a juror from
the time the juror is sworn in as a juror and until the juror, or the jury of
which the juror is a member, is discharged by the court having conduct of the
proceedings.
(3)
This section does not prohibit a
juror—
(a)
from making an inquiry of the court, or of
another member of the jury, in the proper exercise of his or her functions as
a juror, or
(b)
from making an inquiry authorised by the
court.
(4)
Anything done by a juror in contravention of a
direction given to the jury by the judge in the criminal proceedings is not a
proper exercise by the juror of his or her functions as a
juror.
(5)
For the purpose of this section, making an inquiry includes the
following—
(a)
asking a question of any
person,
(b)
conducting any research, for example, by
searching an electronic database for information (such as by using the
Internet),
(c)
viewing or inspecting any place or
object,
(d)
conducting an experiment,
(e)
causing someone else to make an
inquiry.
s 68C: Ins 2004 No
102, Sch 1 [6].
69Unlawful dismissal of or
prejudice to employees summoned for jury service
(1)
An employer shall not dismiss a person in his or
her employment or injure the person in his or her employment or alter his or
her position to his or her prejudice by reason of the fact that the person is
summoned to serve as a juror.
(2)
In proceedings for an offence under subsection
(1), if all the facts constituting the offence other than the reason for the
defendant’s action are proved, the onus of proving that the dismissal,
injury or alteration was not actuated by the reason alleged in the charge
shall lie on the defendant.
(3)
Where an employer is convicted by a court of an
offence under subsection (1), the court may order—
(a)
the employer to pay the employee a specified sum
by way of reimbursement for the salary or wages lost by the employee,
and
(b)
that the employee be reinstated in his or her old
or a similar position.
(4)
An order under subsection (3) (a) shall operate
as an order against the employer for the payment of money under the Civil Procedure Act 2005 and shall be
enforceable as such an order under that Act.
(5)
An employer shall give effect to an order of the
court under subsection (3) (b).
(6)
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 give effect to an order under subsection (3) (b) shall be
recoverable, as a debt due to the employee by the employer, in any court of
competent jurisdiction.
(7)
An employer shall not threaten a person employed
by the employer with—
(a)
dismissal, or
(b)
injury in his or her employment,
or
(c)
alteration of his or her position to his or her
prejudice,
by reason of the fact that the person is summoned to
serve as a juror.
(8)
In proceedings for an offence under subsection
(7), if all the facts constituting the offence other than the reason for the
defendant’s action are proved, the onus of proving that the threat was
not actuated by the reason alleged in the charge lies on the
defendant.
(9)
A person can be prosecuted for and convicted of
offences under both subsections (1) and (7) in relation to the same
circumstances.
(10)
In this section—
employee means—
(a)
a full-time employee, or
(b)
an employee who, as a regular casual employee (or
partly as a regular casual employee and partly as a full-time or part-time
employee), has worked with the employer for at least 12 months on an unbroken,
regular and systematic basis (including any period of authorised leave or
absence).
employer includes a person acting on
behalf of the employer.
Maximum penalty—200 penalty units (in the
case of a corporation) or 50 penalty units or imprisonment for 12 months, or
both (in the case of an individual).
s 69: Am 1987 No 286,
Schs 1 (21), 2 (8); 1998 No 49, Sch 15; 2006 No 120, Sch 2.43; 2010 No 55, Sch
1 [13]–[15].
69AOther offences relating to
employment conditions of jurors
(1)
An employer must not require an employee to use
any leave to which the employee is entitled for the purpose of complying with
a summons to serve as a juror.
(2)
Subsection (1) does not prevent an employee from
requesting to use any leave to which he or she is entitled for the purpose of
complying with a summons to serve as a juror, or an employer from granting any
such request.
(3)
An employer must not require an
employee—
(a)
to carry out any work on any day on which the
employee is serving as a juror, or
(b)
to undertake any additional hours of work to
compensate for work time lost by the employee while serving as a
juror.
(4)
Subsection (3) does not prevent an employer from
requiring an employee who is empanelled as a juror to carry out work during
normal working hours on any day if the jury of which the employee is a member
is not required to attend at the relevant court or coronial inquest on that
day.
(5)
In this section—
employee means—
(a)
a full-time employee, or
(b)
an employee who, as a regular casual employee (or
partly as a regular casual employee and partly as a full-time or part-time
employee), has worked with the employer for at least 12 months on an unbroken,
regular and systematic basis (including any period of authorised leave or
absence).
employer includes a person acting on
behalf of the employer.
normal
working hours means the period between 9 am and 6 pm on any
day that is not a Saturday, Sunday or public holiday.
Maximum penalty—20 penalty
units.
s 69A: Ins 2010 No
55, Sch 1 [16].
70Liability of directors etc for
offences by corporation—accessory to the commission of the
offences
(1)
For the purposes of this section, a corporate offence is an offence
against this Act or the regulations that is capable of being committed by a
corporation.
(2)
A person commits an offence against this section
if—
(a)
a corporation commits a corporate offence,
and
(b)
the person is—
(i)
a director of the corporation,
or
(ii)
an individual who is involved in the management
of the corporation and who is in a position to influence the conduct of the
corporation in relation to the commission of the corporate offence,
and
(c)
the person—
(i)
aids, abets, counsels or procures the commission
of the corporate offence, or
(ii)
induces, whether by threats or promises or
otherwise, the commission of the corporate offence, or
(iii)
conspires with others to effect the commission of
the corporate offence, or
(iv)
is in any other way, whether by act or omission,
knowingly concerned in, or party to, the commission of the corporate
offence.
Maximum penalty—The maximum penalty for the
corporate offence if committed by an individual.
(3)
The prosecution bears the legal burden of proving
the elements of the offence against this section.
(4)
The offence against this section can only be
prosecuted by a person who can bring a prosecution for the corporate
offence.
(5)
This section does not affect the liability of the
corporation for the corporate offence, and applies whether or not the
corporation is prosecuted for, or convicted of, the corporate
offence.
(6)
This section does not affect the application of
any other law relating to the criminal liability of any persons (whether or
not directors or other managers of the corporation) who are concerned in, or
party to, the commission of the corporate offence.
s 70: Subst 2012 No
97, Sch 1.19.
71Proceedings for
offences
(1)
Except to the extent that this Act otherwise
provides, proceedings for offences against this Act shall be disposed of in a
summary manner before the Local Court.
(1A)
Proceedings for an offence under section 68 by a
corporation may be dealt with—
(a)
summarily before the Local Court,
or
(b)
summarily before the Supreme Court in its summary
jurisdiction.
(1B)
If proceedings for an offence under section 68 by
a corporation are brought in the Local Court, the maximum monetary penalty
that the Local Court may impose for the offence is $10,000, despite any higher
maximum monetary penalty provided in respect of the offence by that
section.
(2)
Chapter 5 of the Criminal
Procedure Act 1986 (which relates to the summary disposal
of certain indictable offences unless an election is made to proceed on
indictment) applies to and in respect of an offence under section
68A.
s 71: Am 1987 No 286,
Sch 2 (9); 1997 No 15, Sch 1 [19]; 1999 No 94, Sch 4.34; 2001 No 121, Sch
2.131 [3] [4]; 2003 No 71, Sch 5 [3]; 2007 No 94, Sch 2.
Part 10General
72Payment for jury
service
(1)
Subject to the regulations, a person is entitled
to be paid an amount determined in accordance with the regulations for
attendance for jury service at a court or coronial
inquest.
(1A)
However, a person is not so entitled if the
person attends for jury service in accordance with the summons and then
successfully applies to be excused from attending further for jury
service.
(2)
Where civil proceedings are tried with a jury
pursuant to a requisition for trial with a jury, the party who filed that
requisition shall pay to the sheriff or any prescribed officer of the court on
the prescribed day of the trial and on each subsequent day the amount, or if
the regulations so provide any prescribed part of the amount, required to pay
the fees for the jurors under subsection (1) for that
day.
(3)
The fees paid under subsection (2) shall be
treated as costs in the proceedings, unless the court otherwise
orders.
s 72: Am 1988 No 131,
Sch 12 (4); 1996 No 4, Sch 2 [8]; 2010 No 55, Sch 1 [17].
72AJuror’s oath or
affirmation
(1)
The form of oath or affirmation to be taken or
made by a person before serving as a juror is an oath or affirmation that the
person will give a true verdict according to the
evidence.
(2)
The oath or affirmation may be administered,
taken or made in the manner provided for by the Oaths
Act 1900 or in the prescribed
manner.
(3)
For the purposes of this section, the prescribed manner of administering,
taking or making the oath or affirmation is—
(a)
the person taking or making the oath or
affirmation repeats the words of the oath or affirmation,
or
(b)
the officer administering the oath or affirmation
repeats the words of the oath or affirmation and the person taking or making
the oath or affirmation indicates his or her assent to the oath or affirmation
by uttering the words “So help me God” (in the case of an oath) or
“I do” (in the case of an affirmation).
(4)
The words of the oath or affirmation are the
following words, or words to the following effect—
(a)
“I swear by Almighty God that I will give a
true verdict according to the evidence” (in the case of an
oath),
(b)
“I solemnly and sincerely declare and
affirm that I will give a true verdict according to the evidence” (in
the case of an affirmation).
(5)
If an oath is administered, taken or made in the
prescribed manner, it is not necessary that a religious text be used by the
person who is taking the oath.
Note—
Under section 11A of the Oaths
Act 1900, a copy of the Bible, New Testament or Old
Testament is used in administering an oath.
(6)
If an oath is taken by a person before serving as
a juror, the fact that the person taking it did not have a religious belief or
did not have a religious belief of a particular kind does not for any purpose
affect the legality or validity of the oath.
(7)
An oath or affirmation taken or made by a person
before serving as a juror is not illegal or invalid by reason of a failure to
administer, take or make the oath or affirmation in accordance with this
section.
s 72A: Ins 1987 No
286, Sch 1 (22). Am 2005 No 31, Sch 6 [3].
73Verdict not invalidated in
certain cases
(1)
The verdict of a jury shall not be affected or
invalidated by reason only—
(a)
that any juror was, after being required by
summons to attend for jury service, mistakenly or irregularly empanelled,
whether because the juror was excluded from jury service or was otherwise not
returned and selected in accordance with this Act, or
Note—
For example, this paragraph prevents the verdict
of a jury from being invalid if, as in R v Brown & Tran[2004] NSWCCA
324, a juror who received a jury summons reported for
service a day early and was mistakenly empanelled.
(a1)
that any juror became excluded from jury service
in the course of the trial or coronial inquest, or
(b)
of any omission, error or irregularity with
respect to any supplementary jury roll, jury roll, card or summons prepared or
issued for the purposes of this Act, or
(c)
that any juror was misnamed or misdescribed
(where there is no question as to the juror’s
identity).
(2)
Subsection (1) does not apply—
(a)
in respect of a juror if the juror impersonated,
or is suspected of impersonating, another person, or
(b)
if there is evidence of any other attempt to
deliberately manipulate the composition of the
jury.
s 73: Am 1996 No 4,
Sch 1 [27]; 2008 No 24, Sch 1 [8]–[10]; 2010 No 55, Sch 1 [18]
[19].
73AInvestigation by sheriff of
jury irregularities
(1)
If there is reason (including a report under
section 75C) to suspect that the verdict of a jury in a trial of any criminal
proceedings may be, or may have been, affected because of improper conduct by
a member or members of the jury, the sheriff may, with the consent of or at
the request of the Supreme Court or District Court, investigate the matter and
report to the court on the outcome of the investigation.
(2)
Section 68A (1) does not prohibit the sheriff
from soliciting information from a juror or former juror for the purpose of
conducting such an investigation.
(3)
Section 68B (1) does not prohibit a juror from
disclosing information to the sheriff in connection with such an
investigation.
(4)
Section 139 (2) of the Evidence Act 1995 applies in relation to
any questioning conducted by the sheriff for the purpose of an investigation
under this section (in the same way as it applies to official questioning by
an investigating official).
(5)
The sheriff may, despite sections 29 and 68,
include a juror’s name or other matter that identifies a juror in a
report to the court under this section.
s 73A: Ins 2004 No
102, Sch 1 [7]. Am 2008 No 24, Sch 1 [11].
74Delegation
(1)
The sheriff may, by instrument in writing,
delegate to a deputy sheriff, under sheriff or other person employed in the
sheriff’s office the exercise or performance of such of the
sheriff’s powers, authorities, duties or functions (other than this
power of delegation) as are specified in the instrument of delegation, and
may, by instrument in writing, revoke wholly or in part any such
delegation.
(2)
A power, authority, duty or function, the
exercise or performance of which has been delegated under this section, may,
while the delegation remains unrevoked, be exercised or performed from time to
time in accordance with the terms of the delegation.
(3)
A delegation under this section may be made
subject to such conditions or limitations as to the exercise or performance of
any of the powers, authorities, duties or functions delegated, or as to time
or circumstance, as may be specified in the instrument of
delegation.
(4)
Notwithstanding any delegation under this
section, the sheriff may continue to exercise or perform all or any of the
powers, authorities, duties or functions delegated.
(5)
Any act or thing done or suffered by a delegate
while acting in the exercise of a delegation under this section shall have the
same force and effect as if the act or thing had been done or suffered by the
sheriff and shall be deemed to have been done or suffered by the
sheriff.
75Service of summons
etc
(1)
Any summons, notice or other document required or
authorised by or under this Act to be sent, served or given to any person by
the sheriff shall be deemed to have been duly sent, served or
given—
(a)
if delivered personally to that person, or if
left at the address appearing on the jury roll in respect of that person,
or
(b)
if sent by post, addressed to that person at that
address.
(2)
Service of a summons, notice or other document in
accordance with subsection (1) (b) shall be prima facie deemed to have been
effected at the time when it would be delivered in the ordinary course of
post.
75AInformation to be supplied to
sheriff
(1)
For the purpose of allowing the functions of the
sheriff to be carried out in pursuance of this Act in a timely and efficient
manner, the registrars of the Supreme Court, District Court and Coroners Court
are to provide the sheriff with such information about court sittings and
trials as the sheriff may reasonably request.
(2)
For that purpose, the sheriff may also obtain
relevant information from any judge or coroner having the conduct of any trial
or inquest for which a jury has been or is to be summoned and from the parties
concerned in any such proceedings.
(2A)
For the purpose of determining whether a person
proposed to be summoned for jury service should be excluded from jury service,
the sheriff may request the Commissioner of Police to provide information
relating to the criminal record of the person.
(2B)
For the purposes of determining whether a person
proposed to be summoned for jury service should be excluded from jury service,
the sheriff may obtain the following information from Roads and Maritime
Services—
(a)
the person’s driver licence
number,
(b)
the person’s residential
address,
(c)
if the person is disqualified from holding a
driver licence and the disqualification period is 12 months or more—the
date on which the person’s disqualification ends,
(d)
the customer identification number (if any)
allocated to the person by Roads and Maritime
Services.
(2C)
The sheriff and Roads and Maritime Services may
enter into an arrangement in relation to the manner and form in which
information requested under this section is to be
provided.
(2D)
The Commissioner of Police or Roads and Maritime
Services is required and permitted to comply with a request made by the
sheriff under this section.
(3)
Regulations may be made for or with respect to
the provision of information to the sheriff by persons referred to in this
section.
(4)
The sheriff may disclose information obtained
under this section to the Commissioner of Police in connection with a request
by the sheriff for information from the Commissioner of Police for the
purposes of determining whether a person proposed to be summoned for jury
service should be excluded from jury service.
s 75A: Ins 1996 No 4,
Sch 1 [28]. Am 2010 No 55, Sch 1 [20] (am 2011 No 41, Sch 5.14); 2012 No 60,
Sch 9 [1] [2]; 2015 No 2, Sch 4.2.
75BPower to obtain information
for purposes of Act
(1)
The Commissioner of Police, the Commissioner of
Corrective Services and any other person prescribed by the regulations are
each authorised and required to provide the sheriff with information
reasonably requested by the sheriff that is relevant to determining whether or
not a person is liable to be included on a supplementary jury roll or a jury
roll or for jury service.
(2)
It is a duty of each party to proceedings listed
for trial by a jury or represented at a coronial inquest to inform the sheriff
as soon as is practicable of any event of which the party becomes aware that
affects the question of whether or not a jury will be required for the trial
or inquest and the dates on which persons will be required to attend for jury
service.
s 75B: Ins 1996 No 4,
Sch 1 [28].
75CJuror may report misconduct
and other irregularities
(1)
A juror who in the course of the trial or
coronial inquest has reasonable grounds to suspect any irregularity in
relation to another juror’s membership of the jury, or in relation to
the performance of the other juror’s functions as a juror, may disclose
the suspicion and the grounds on which it is held to the court or
coroner.
(2)
A former juror who has reasonable grounds to
suspect any irregularity in relation to another former juror’s
membership of the jury on which they served or in relation to the performance
of the other former juror’s functions as a juror on that jury, may
disclose the suspicion and the grounds on which it is held to the
sheriff.
(3)
Section 68B (1) does not prohibit a juror from
making a disclosure under this section.
(4)
In this section—
irregularity, in relation to a
juror’s membership of a jury, or the performance of the juror’s
functions as a juror, means the following—
(a)
the commission by the juror of an offence under
this Act or any other misconduct,
(b)
a juror becoming excluded from jury
service,
(c)
the refusal of the juror to take part in the
jury’s deliberations,
(d)
the juror’s lack of capacity to take part
in the trial or coronial inquest (including an inability to speak or
comprehend English),
(e)
the juror’s inability to be impartial
because of the juror’s familiarity with the witnesses, parties or legal
representatives in the trial or coronial inquest, any reasonable apprehension
of bias or conflict of interest on the part of the juror, or any similar
reason.
s 75C: Ins 2008 No
24, Sch 1 [12]. Am 2010 No 55, Sch 1 [21].
76Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(1A)
In particular, the regulations may make provision
for or with respect to the following—
(a)
the information or other matter to be contained
in any notice, summons or other document that by or under this Act is required
or permitted to be prepared,
(b)
the manner of service of any such
document.
(2)
A regulation may create an offence punishable by
a penalty not exceeding 5 penalty units.
s 76: Am 1987 No 286,
Sch 2 (10); 2004 No 68, Sch 8 [3].
77Repeals
Each Act specified in Column 1 of Schedule 4 is,
to the extent specified opposite that Act in Column 2 of Schedule 4,
repealed.
78
s 78: Am 1980 No 27,
Sch 2. Rep 1999 No 85, Sch 4.
79Transitional and savings
provisions
Schedule 8 has effect.
80Review of majority verdict
amendments
(1)
The Minister is to review the operation of the
amendments made to this Act by the Jury Amendment
(Verdicts) Act 2006 to determine whether the policy
objectives of those amendments remain valid and whether the terms of the
amendments remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the commencement of the Jury Amendment (Verdicts) Act
2006.
(3)
A report of the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
s 80: Ins 2006 No 19,
Sch 1 [2].