New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A person is excluded from jury service for life if the person has been found guilty or convicted of any of the following offences (wherever committed)--(a) an offence that, if committed in New South Wales, would be punishable with a maximum penalty of life imprisonment,(b) an offence that involves a terrorist act within the meaning of the Terrorism (Police Powers) Act 2002 ,(c) an offence under Part 7 (Public justice offences) of the Crimes Act 1900 ,(d) a sexual offence within the meaning of section 7 of the Criminal Records Act 1991 .
(2) Despite subclause (1), the exclusion referred to in that subclause ceases to apply if--(a) the relevant finding of guilt has been quashed or annulled or a pardon has been granted in respect of the finding of guilt, or(b) the relevant conviction has been quashed or annulled or a pardon has been granted in respect of the conviction.
(1) This clause does not apply to an offence referred to in clause 1.
(2) A person is excluded from jury service while serving a sentence of imprisonment (in New South Wales or elsewhere) for an offence committed when the person was of or above the age of 18 years.
(3) A person is excluded from jury service--(a) for 7 years after serving such a sentence or sentences of imprisonment of less than 3 consecutive months, or(b) for 10 years after serving such a sentence or sentences of imprisonment of 3 consecutive months or more.
(4) Subclause (3) does not apply to--(a) a sentence of imprisonment that has been quashed or converted to a non-custodial sentence on appeal, or(b) a sentence of imprisonment in respect of a conviction that has been quashed or annulled or for which a pardon has been granted, or(c) a sentence of imprisonment for failure to pay a fine.
(5) In this clause,
"sentence of imprisonment" includes the following--(a) a sentence of imprisonment the subject of a periodic detention order or home detention order, or an intensive correction order that is subject to a home detention condition, under the Crimes (Sentencing Procedure) Act 1999 ,(b) a suspended sentence of imprisonment,(c) compulsory drug treatment detention within the meaning of the Crimes (Administration of Sentences) Act 1999 ,(d) a sentence of imprisonment, a suspended sentence or detention of a similar nature to those referred to in paragraphs (a)-(c) served in another jurisdiction.
(6) In this clause, a reference to serving a sentence of imprisonment includes a reference to--(a) being subject to a suspended sentence of imprisonment, or(b) being on probation or parole after serving part of a sentence of imprisonment.
(1) This clause does not apply to an offence referred to in clause 1.
(2) A person is excluded from jury service during any period in which the person is detained in a detention centre or other institution for juvenile offenders, or in a correctional centre, as a result of being found guilty of an offence committed when the person was under the age of 18 years.
(3) A person who has been found guilty of an offence committed when the person was under the age of 18 years and as a result has been detained in a detention centre or other institution for juvenile offenders, or in a correctional centre, is excluded from jury service for 3 years after the expiry of the period of detention.
(4) Subclause (3) does not apply to--(a) any period of detention converted to a non-custodial penalty on appeal or where the relevant order made on the finding of guilt has been quashed, or(b) a period of detention in respect of a finding of guilt that has been quashed or annulled or for which a pardon has been granted, or(c) a period of detention for failure to pay a fine.
(5) In this clause, a reference to being detained in a detention centre or other institution for juvenile offenders includes a reference to--(a) being subject to an order for such detention where the operation of the order is suspended, or(b) being on probation or parole after serving part of a period of detention.
(1) A person is excluded from jury service during any period in which the person is bound by an order made in New South Wales or elsewhere pursuant to or consequent on a criminal charge or conviction including the following orders so made, but not including an order for compensation--(a) an apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 ,(b) a community service order, a community correction order, a conditional release order or an order under section 10 or 11 of the Crimes (Sentencing Procedure) Act 1999 ,(c) an extended supervision order, a continuing detention order, an interim detention order or an emergency detention order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017 ,(d) a non-association order or place restriction order within the meaning of the Crimes (Sentencing Procedure) Act 1999 ,(e) a prohibition order or contact prohibition order within the meaning of the Child Protection (Offenders Prohibition Orders) Act 2004 ,(f) an order under section 7A of the Drug Court Act 1998 ,(g) an intervention program order within the meaning of the Crimes (Sentencing Procedure) Act 1999 .
(2) A person is excluded from jury service during any period in which the person is--(a) a person in custody within the meaning of section 249 of the Crimes (Administration of Sentences) Act 1999 , or(b) awaiting trial or sentence for an offence or the determination of appeal proceedings in relation to an offence for which the person has been found guilty or convicted, or(c) subject to a preventative detention order within the meaning of Part 2A of the Terrorism (Police Powers) Act 2002 or a control order or interim control order under Division 104 of the Criminal Code of the Commonwealth, or(d) a registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000 , or(e) bound by an undertaking to participate in the Program under the Pre-Trial Diversion of Offenders Act 1985 , or(f) subject to a limiting term under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 , or(g) detained in a hospital or other place under Division 6 of Part IB of the Crimes Act 1914 of the Commonwealth, or(h) subject to an interim control order, or a control order, within the meaning of the Crimes (Criminal Organisations Control) Act 2012 .
(3) A person is excluded from jury service during any period of 12 months or more in which the person is disqualified from holding a driver licence.
(1) A person holding any of the following offices is excluded from jury service--(a) the Governor,(b) a judicial officer (within the meaning of the Judicial Officers Act 1986 ),(c)(d) a member of the Executive Council,(e) a member of the Legislative Council or Legislative Assembly,(f) the Ombudsman, a Deputy Ombudsman or an Assistant Ombudsman.(g)-(l)
(2) A person who held an office referred to in subclause (1) is also excluded from jury service for the period of 3 years after ceasing to hold that office.
A person who is an Australian lawyer, whether or not an Australian legal practitioner, is excluded from jury service.
(1) A person who is a paralegal is excluded from jury service during any period in which he or she is employed or engaged in the public sector in the provision of legal services in criminal cases.
(2) A person is excluded from jury service during any period in which the person is employed or engaged as a member of staff in any of the following bodies, except if the person is employed or engaged as clerical, administrative or support staff--(a) the Office of the Ombudsman,(b) the Office of the Director of Public Prosecutions,(c) the Crown Solicitor's Office.
(3) A person is excluded from jury service during any period in which he or she is employed or engaged in law enforcement or criminal investigation in any of the following bodies, except if the person is employed or engaged on a casual or voluntary basis or as clerical, administrative or support staff--(a) the NSW Police Force,(b) the Australian Federal Police,(c) the NSW Crime Commission,(d) the Australian Crime Commission,(e) the Law Enforcement Conduct Commission,(f) the Independent Commission Against Corruption.
(4) A person who was employed or engaged as referred to in subclause (1), (2) or (3) is also excluded from jury service for the period of 3 years after ceasing to be so employed or engaged.
(1) A person is excluded from jury service during any period in which he or she holds the position of a member, officer or employee of any of the following bodies but only if, as a result of holding that position, the person has direct access to inmates or information about inmates--(a) the Department of Attorney General and Justice,(b) the State Parole Authority,(c) the Serious Offenders Review Council,(d) the Serious Young Offenders Review Panel,(d1) the Serious Young Offenders Review Panel,(e) the Probation and Parole Service,(f) the Justice and Forensic Mental Health Network,(g) the Mental Health Review Tribunal.
(2) A person who held a position referred to in subclause (1) is also excluded from jury service for the period of 3 years after ceasing to hold that position.
(3) In this clause,
"inmate" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 and includes a person on remand and a person subject to control within the meaning of the Children (Detention Centres) Act 1987 .
A person is excluded from jury service for any period during which he or she is an undischarged bankrupt.
Note : Other persons are ineligible for jury service because of the Jury Exemption Act 1965 of the Commonwealth.