Australian Capital Territory Current Acts

JURIES ACT 1967 - SECT 16

    (1)     This section applies if a judge is satisfied that a person summoned or appointed to attend to serve as a juror, and who has not claimed an exemption or otherwise been excused from attendance, may be unable to properly discharge the duties of a juror, because the person—

        (a)     has an insufficient understanding of the English language; or

        (b)     is suffering from a mental or physical disability.

    (2)     The judge—

        (a)     must consider if support that would enable the person to properly discharge the duties of a juror can reasonably be given; and

        (b)     if satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, must make a direction that the support be given.

Examples—support

1     an interpreter, including an Auslan interpreter

2     an assistance animal, disability aid or support person

    (3)     To determine if support can reasonably be given, the judge may consider the following:

        (a)     whether the support would impose a disproportionate or undue burden on court resources, facilities and time frames;

        (b)     if the support would require a non-juror being present during jury deliberations, whether the non-juror's presence would inhibit or restrict discussion, or unduly pressure or influence any juror;

        (c)     any other issue the judge considers relevant.

    (4)     If the judge makes a direction allowing an interpreter or support person to assist the person to properly discharge the duties of a juror—

        (a)     the common law rule against having a non-juror in the jury room is not a relevant consideration; and

        (b)     a direction to allow a non-juror to be present during jury deliberations is solely for assisting the person to properly discharge the duties of a juror; and

        (c)     the direction is subject to the interpreter or support person agreeing to make an oath or affirmation in accordance with schedule 1, part 1.1A or part 1.1B.

    (5)     If the judge is not satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, the judge may discharge that person from further attendance on the Supreme Court under that summons or appointment.