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This is a Bill, not an Act. For current law, see the Acts databases.


JURIES (AMENDMENT) BILL 2002

                 PARLIAMENT OF VICTORIA

                  Juries (Amendment) Act 2002
                                   Act No.


                      TABLE OF PROVISIONS
Clause                                                                     Page
  1.     Purpose                                                              1
  2.     Commencement                                                         2
  3.     Appeal against decision of Juries Commissioner                       2
  4.     Jury districts                                                       3
  5.     Preparation of jury rolls                                            3
  6.     Calling of panel                                                     4
  7.     Failure to reach unanimous verdict in civil trials                   4
  8.     Remission of fines for failing to attend for jury service or as
         a juror                                                              4
  9.     Persons disqualified from serving as jurors                          5
  10.    Persons ineligible to serve as jurors                                5
  11.    Saving provisions--persons disqualified or ineligible to serve
         as jurors                                                            6
                             

ENDNOTES                                                                      7




                                       i
541283B.I1-9/5/2002                            BILL LA CIRCULATION 25-10-2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 8 May 2002 A BILL to amend the Juries Act 2000 and for other purposes. Juries (Amendment) Act 2002 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Juries Act 2000-- (a) to lengthen the period of time within which 5 appeals may be made against certain decisions of the Juries Commissioner; (b) to give the court discretion as to whether or not to call out the names of a panel; (c) to provide for areas of the State to be 10 assigned as jury districts; 1 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Juries (Amendment) Act 2002 s. 2 Act No. (d) to provide for majority verdicts in civil trials with reduced juries of 5 jurors; (e) to enable the court to remit a fine imposed on a person who has a reasonable excuse for 5 failing to attend for jury service or failing to attend as a juror; (f) to clarify provisions relating to persons disqualified or ineligible to serve as jurors. 2. Commencement 10 (1) This section and section 1 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 5(2) comes into operation on-- (a) the day after the day on which this Act 15 receives the Royal Assent; or (b) the day on which the Electoral Act 2002 comes into operation-- whichever is the later day. (3) Subject to sub-section (4), the remaining 20 provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act referred to in sub-section (3) does not come into operation before 1 November 2002, it comes into operation on that 25 day. 3. Appeal against decision of Juries Commissioner See: In section 10 of the Juries Act 2000, for sub- Act No. section (1) substitute-- 53/2000 and "(1) A person aggrieved by a decision of the amending Act Nos 30 Juries Commissioner under section 7, 8 or 9 78/2000 and may appeal against the decision at any time 61/2001. LawToday: before the person becomes a member of a www.dms. panel.". dpc.vic. gov.au 2 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Juries (Amendment) Act 2002 s. 4 Act No. 4. Jury districts In section 18 of the Juries Act 2000-- (a) in sub-section (2), for "comprising the electoral districts for the Legislative 5 Assembly" substitute "of the State"; (b) in sub-section (3), for "electoral districts for the Legislative Assembly" substitute "an area of the State". 5. Preparation of jury rolls 10 (1) In section 19 of the Juries Act 2000, for sub- section (2) substitute-- "(2) On receipt of a notification under sub-section (1), the Electoral Commissioner must, as soon as practicable, select from the electoral 15 rolls referred to in section 58 of The Constitution Act Amendment Act 1958 the number of persons required for the jury service period who-- (a) are enrolled in respect of an address in 20 that jury district; and (b) are apparently qualified and liable for jury service.". (2) In section 19(2) of the Juries Act 2000, as proposed to be substituted by sub-section (1) of 25 this section-- (a) for "Electoral Commissioner" substitute "Victorian Electoral Commission"; (b) for "electoral rolls referred to in section 58 of The Constitution Act Amendment Act 30 1958" substitute "register of electors established and maintained under section 21 of the Electoral Act 2002". 3 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Juries (Amendment) Act 2002 s. 6 Act No. 6. Calling of panel In section 31(1) of the Juries Act 2000, for "must" substitute "may, if so directed by the court". 5 7. Failure to reach unanimous verdict in civil trials In section 47 of the Juries Act 2000, for sub- sections (1) and (2) substitute-- '(1) In this section, "majority verdict" means-- (a) if, at the time of returning its verdict, 10 the jury consists of 6 jurors--a verdict on which 5 of them agree; (b) if, at the time of returning its verdict, the jury consists of 5 jurors--a verdict on which 4 of them agree. 15 (2) If the jury in a civil trial has not reached a unanimous verdict after at least 3 hours deliberation, the court may, subject to sub-section (3), take a majority verdict as the verdict of the jury. 20 (2A) If, after deliberating for at least 6 hours, the jury in a civil trial is unable to agree on a majority verdict, the judge may discharge the jury.'. 8. Remission of fines for failing to attend for jury service 25 or as a juror (1) In section 81 of the Juries Act 2000, after sub- section (2) insert-- "(2A) The court may remit a fine imposed on a person under sub-section (1)(a) or (b) if the 30 person satisfies the court within 21 days after the imposition of the fine that he or she has a reasonable excuse for failing to attend for jury service.". 4 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Juries (Amendment) Act 2002 s. 9 Act No. (2) In section 81 of the Juries Act 2000, after sub- section (3) insert-- "(4) The court may remit a fine imposed on a person under sub-section (3) if the person 5 satisfies the court within 21 days after the imposition of the fine that he or she has a reasonable excuse for failing to attend as a juror.". 9. Persons disqualified from serving as jurors 10 (1) In clause 2 of Schedule 1 to the Juries Act 2000-- (a) for paragraph (a) substitute-- "(a) sentenced to imprisonment for a term or terms in the aggregate of 3 months or 15 more (excluding a suspended sentence of imprisonment); or"; (b) in paragraph (b), before "detained" insert "ordered to be". (2) In clause 3 of Schedule 1 to the Juries Act 20 2000-- (a) in paragraph (a), for "imprisoned" substitute "sentenced to imprisonment"; (b) in paragraph (b), before "detained" insert "ordered to be". 25 10. Persons ineligible to serve as jurors In clause 1 of Schedule 2 to the Juries Act 2000, for paragraph (f) substitute-- "(f) a person employed or engaged (whether on a paid or voluntary basis) in the public sector within the 30 meaning of the Public Sector Management and Employment Act 1998 in law enforcement, criminal investigation, the provision of legal services in criminal cases, the administration of justice or penal administration;". 5 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Juries (Amendment) Act 2002 s. 11 Act No. 11. Saving provisions--persons disqualified or ineligible to serve as jurors In Schedule 6 to the Juries Act 2000, after clause 11 insert-- 5 "12. Persons disqualified from serving as jurors The amendments to Schedule 1 made by section 9 of the Juries (Amendment) Act 2002 applies only to juries empanelled on or after the commencement of section 9 of that Act. 10 13. Persons ineligible to serve as jurors The amendments to Schedule 2 made by section 10 of the Juries (Amendment) Act 2002 applies only to juries empanelled on or after the commencement of section 10 of that Act.". 6 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

Juries (Amendment) Act 2002 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 7 541283B.I1-9/5/2002 BILL LA CIRCULATION 25-10-2004

 


 

 


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