New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"commencement of this Act" means the day appointed and notified under
section 2 (2).
"former Act" means the Jury Act 1912 as in force immediately before the
commencement of this Act.
(1) The regulations may make provision of a transitional or savings nature consequent on the enactment of the following Acts--This ActJury (Amendment) Act 1987Jury Amendment Act 1996Jury Amendment Act 1997Courts Legislation Amendment Act 1999Courts Legislation Amendment Act 2001 (but only to the extent that it amends this Act)Jury Amendment Act 2004Courts Legislation Amendment Act 2005 (but only to the extent that it amends this Act)Jury Amendment (Verdicts) Act 2006Jury Amendment Act 2007Jury Amendment Act 2008Jury Amendment Act 2010
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) A provision referred to in subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule.
(1) Notwithstanding anything contained in this Act and subject to subclause (2), Parts 2 and 8 of the former Act and sections 26 and 43 of the Mental Health Act 1958 as in force immediately before the commencement of this Act shall continue in force for or with respect to the return of a jury for any trial in a jury district until such day as may be appointed by the Governor in respect of that jury district and as may be notified by proclamation published in the Gazette.
(2) The jurors' book in force immediately before the commencement of this Act for any jury district shall, for the purposes of subclause (1), be deemed to be the jurors' book for that district.
Clause 2 does not affect, during the period after the commencement of this Act and before the day appointed and notified under that clause in respect of any jury district, the provisions of this Act relating to--
(a) the preparation of a jury roll for that jury district, and
(b) the issue of general jury precepts and the summoning and return of jurors in pursuance of those precepts for trials commencing in that jury district after the day appointed and notified in respect of that jury district.
(1) The day appointed and notified under clause 2 in respect of any jury district shall not be earlier than the day on which the sheriff certifies a jury roll for that district prepared in accordance with this Act.
(2) The Governor may for the purposes of clause 2 appoint different days in respect of different jury districts.
(1) Section 28 of the Coroners Act 1980 shall not apply if a day has not been appointed and notified under clause 2 in respect of the jury district at which the coronial inquest would, under that section, be required to be held.
(2) The provisions of the Coroners Act 1960 , relating to the qualifications and liability to serve as a juror at, or relating to the return of a jury for, any coronial inquest shall continue in force until the day appointed and notified under clause 2 in respect of the jury district at which the inquest is held.
Nothing in this Act affects any trial in progress at the commencement of this Act.
Except as provided in this or in any other Act, a jury in criminal or civil proceedings or in a coronial inquest shall be subject to the same rules and manner of proceeding as were observed before the commencement of this Act.
The amendments made by the Jury (Amendment) Act 1987 (except Schedule 1 (5), (6), (22) and (23) to that Act) apply to and in respect of a trial or inquest even though the trial or inquest commenced before the commencement of those amendments.
The amendments made by Schedule 1 (1) and (23) to the Jury (Amendment) Act 1987 do not apply to or in respect of a jury roll in force before the commencement of those amendments.
(1) The jury roll in force for a jury district immediately before the commencement of section 15A is taken to have been prepared in accordance with Part 3, as amended by the Jury Amendment Act 1996 .
(2) After the commencement of section 15A, the sheriff is to remove from the jury roll for each jury district a sufficient number of the persons who were on the roll immediately before that commencement to compensate for those whose names are added to supplement the roll in accordance with section 15A, until all of those persons have been removed from the roll (except any whose names have been reinstated on the roll pursuant to section 15A (1)).
(3) The selection of persons to be removed from a jury roll pursuant to subclause (2) is to be made at random and may be made by use of a computer.
(4) Within 15 months after the commencement of section 15A, the sheriff must remove from a jury roll all of the persons who were on the jury roll immediately before that commencement (except any whose names have been reinstated on the roll pursuant to section 15A (1)).
This Act, as in force immediately before the commencement of Schedule 1 [13[#93] to the Jury Amendment Act 1996 , applies to and in respect of a summons issued by the sheriff under Part 5 before that commencement.
(1) Section 57A (relating to courts deciding issues of fact) does not apply to a trial that commenced before the commencement of that section.
(2) Section 58 (relating to the discharge of a jury that disagree in civil proceedings), as in force immediately before the commencement of Schedule 2 [4[#93] and [5[#93] to the Jury Amendment Act 1996 applies to a trial commenced before the commencement of those items.
(3) Section 66 (as inserted by the Jury Amendment Act 1996 and relating to penalty notices for failure to attend for jury service) applies to a failure to attend for jury service before or after the commencement of that section.
(4) Section 72 (relating to payment for jury service) as in force immediately before the commencement of Schedule 2 [8[#93] to the Jury Amendment Act 1996 applies to an attendance for jury service before that commencement.
The rates for jury fees prescribed for the purposes of section 72 (1) immediately before the commencement of Schedule 2 [8[#93] to the Jury Amendment Act 1996 are taken to have been prescribed for the purposes of section 72 (1A), as substituted by that Act, until further rates are prescribed.
An amendment made by Schedule 1 [1[#93], [2[#93], [3[#93], [4[#93], [5[#93], [6[#93], [7[#93], [8[#93], [9[#93], [11[#93], [12[#93], [14[#93], [15[#93] or [16[#93] to the Jury Amendment Act 1997 does not apply in respect of a trial or coronial inquest commenced but not completed before the commencement of the amendment.
Section 42A, as inserted by the Courts Legislation Amendment Act 1999 , applies only in respect of civil proceedings for which a jury is selected after the commencement of this clause.
Sections 68 and 68A, as amended by Schedule 4 to the Courts Legislation Amendment Act 2001 , apply to acts, matters or things done, and in relation to jurors and jury deliberations in criminal proceedings, that were finally determined before, on or after the commencement of those amendments.
(1) The amendments made to sections 68A and 68B by the Jury Amendment Act 2004 do not apply in respect of a trial or coronial inquest commenced before the commencement of that Act.
(2) Sections 68C and 73A, as inserted by the Jury Amendment Act 2004 , do not apply in respect of a trial commenced before the commencement of that Act.
(1) The amendments made to this Act by the Jury Amendment (Verdicts) Act 2006 apply to criminal proceedings only if the jury is empanelled after the commencement of those amendments.
(2) Despite subclause (1), those amendments do not apply in criminal proceedings where the jury is empanelled after the commencement of those amendments (
"current offence proceedings" ) if--(a) in earlier criminal proceedings against the accused, in relation to an offence or conduct that occurred on the same occasion as the occasion to which the current offence proceedings relate--(i) the jury was discharged because the jurors could not reach a verdict, or(ii) a decision in those proceedings was set aside on appeal and a retrial ordered, or(iii) the trial was aborted, and(b) the jury was empanelled in those earlier proceedings before the commencement of those amendments.
The amendments made to this Act by the Jury Amendment Act 2007 apply to criminal proceedings only if the jury is empanelled after the commencement of those amendments.
An amendment made by the Jury Amendment Act 2008 applies to and in respect of any jury empanelled in a trial or coronial inquest after the commencement of the amendment.
(1) In this clause,
"amending Act" means the Jury Amendment Act 2010 .
(2) Subject to the regulations, an amendment made to a provision of this Act by the amending Act--(a) does not affect any juror empanelled before the commencement of the amendment or give rise to a right to challenge any such juror, and(b) does not require any notice sent under section 13 before the commencement of the amendment to be sent again, and(c) does not prevent a person to whom such a notice was sent from claiming to be excluded from jury service under Schedule 1 as in force after the commencement of the amendment, and(d) does not prevent a person to whom such a notice was sent from claiming an exemption as of right under Schedule 3 as in force before the commencement of the amendment or from claiming or requesting an exemption under this Act as in force after that commencement, and(e) does not prevent a person to whom such a notice was sent from applying for deferral of jury service under section 14B as inserted by the amending Act, and(f) does not affect the validity of any jury roll certified under section 16 before the commencement of the amendment, and(g) does not affect the validity of any supplementary jury roll prepared before the commencement of the amendment.
(3) Without limiting clause 1A, regulations of a savings or transitional nature may be made for or with respect to the application of any provision of this Act that is amended by the amending Act.
The sheriff, Commissioner of Police and Roads and Maritime Services may, before the commencement of Schedule 1 [20[#93] to the Jury Amendment Act 2010 , disclose information if the sheriff, Commissioner of Police or Roads and Maritime Services is satisfied that--
(a) the disclosure is made in relation to the testing of an information system being developed for the purposes of the implementation of the amendments made to this Act by Schedule 1 [20[#93] to the Jury Amendment Act 2010 and Schedule 9 [1[#93] and [2[#93] to the Courts and Other Legislation Amendment Act 2012 , and
(b) the disclosure would be authorised if--(i) it was made for the purposes of determining whether a person proposed to be summoned for jury service should be excluded from jury service, and(ii) the provisions referred to in paragraph (a) had commenced.