New South Wales Consolidated Acts

JURY ACT 1977 - SECT 38

38 Person summoned for jury service may be excused at trial or inquest

(1) A court or coroner conducting a trial or a coronial inquest may excuse a person for good cause from attending in pursuance of a summons at any time on or after the day on which the person's attendance is required.

Note : Section 14A generally defines what constitutes good cause for the purposes of excusing a person from jury service.

(2) A person may be excused under subsection (1)--

(a) on the person's request or on the court's or coroner's own motion, and

(b) even if the sheriff has previously determined not to excuse the person for that cause.

(3) A person who makes a request to be excused under subsection (1) may make the request in writing to the court or coroner if the circumstances of the request relate to the person's health or may cause embarrassment or distress if made public.

(4) A person may be excused under subsection (1) for the whole or any part of the time that the person's attendance is required.

(5) A court or coroner may require a person to make any request to be excused under subsection (1) on oath unless the request is made in writing in accordance with subsection (3).

(6) If a person is excused under subsection (1) or by the sheriff in accordance with section 14 after the issue of the relevant summons, the panel and the card relating to that person are to be clearly marked accordingly and the card kept apart from the cards relating to other persons on that panel.

(7) Before the selection of the jury at a criminal trial, the judge must, subject to the regulations--

(a) direct the person prosecuting for the Crown to inform the jurors on the panel of the nature of the charge and the identity of the accused and of the principal witnesses to be called for the prosecution, and

(b) call on the jurors on the panel to apply to be excused if they consider that they are not able to give impartial consideration to the case.

(8) Before the selection of the jury at a civil trial, the judge must, subject to the regulations--

(a) direct the parties to the proceedings to inform the jurors on the panel of the nature of the action and the identity of the parties and of the principal witnesses to be called by the parties, and

(b) call on the jurors on the panel to apply to be excused if they consider that they are not able to give impartial consideration to the case.

(9) Before the selection of the jury at a coronial inquest, the coroner must, subject to the regulations--

(a) direct the person assisting the coroner to inform the jurors on the panel of the nature of the inquest and of the principal witnesses to be called, and

(b) call on the jurors on the panel to apply to be excused if they consider that they are not able to give impartial consideration to the matter.

(10) The identity of a person who is a principal witness must not be disclosed under subsection (7) (a), (8) (a) or (9) (a) if the person is a witness who is included in a witness protection program--

(a) within the meaning of the Witness Protection Act 1995 , or

(b) conducted by the Commonwealth, another State or a Territory under a complementary witness protection law within the meaning of the Witness Protection Act 1995 .

(11) The regulations may make provision for or with respect to--

(a) the directions and the calling on jurors under subsections (7)-(9), and

(b) the informing and the excusing of jurors under those subsections.