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Juries (Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purposes of the proposed Act.
The proposed Act makes several miscellaneous amendments to
the Juries Act 2000, including improving the procedures for
assigning jury districts, providing for majority verdicts in civil
trials with reduced juries of 5 jurors and clarifying provisions
relating to persons disqualified or ineligible to serve as jurors.
Clause 2 provides for the commencement of the provisions of the proposed
Act.
In particular, sub-clause (2) provides that section 5(2) of the
proposed Act, which relates to amendments that are linked to the
proposed Electoral Act 2002, is to come into operation on the
day after the day on which the Act receives Royal Assent, or the
day on which the Electoral Act 2002 comes into operation,
whichever is the later day.
Clause 3 amends section 10 of the Juries Act 2000.
This clause provides that an appeal by a person aggrieved by a
decision of the Juries Commissioner may be made at any time up
to the point of empanelment as a juror. Persons can appeal
against the following decisions of the Juries Commissioner:
deferral of jury service (section 7), decisions about being excused
from jury service (section 8) and decisions about permanently
being excused from jury service (section 9). By removing the
reference to "within 14 days after notification of the decision"
from section 10, the amendment seeks to give certainty and
flexibility to the appeal process.
Clause 4 amends section 18 of the Juries Act 2000.
This clause removes references to electoral districts for the
Legislative Assembly in the assignment of jury districts. This
amendment enables areas of the State (rather than electoral
districts) to be assigned as jury districts by the Governor in
Council on the recommendation of the Electoral Commissioner
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and in consultation with the Juries Commissioner. Difficulties
have arisen with the use of electoral districts in the creation of
jury districts. Jurors for some circuit courts have not been able to
be selected from towns less than 60 kilometres away because
they are located in a different electoral district. New electoral
boundaries, which will come into operation on the calling of the
next election, would create difficulties in the selection of juries
without this amendment.
Clause 5 amends section 19 of the Juries Act 2000.
Sub-clause (1) substitutes a new section 19(2) of the Juries Act
2000 to reflect the removal of references to electoral districts of
the Legislative Assembly in section 18. Reference is made to
selecting jurors from electoral rolls.
Sub-clause (2) amends proposed section 19(2) of the Juries Act
2000 to reflect the provisions of the yet to be enacted Electoral
Act 2002. This sub-clause (by virtue of sub-clause 2(2)) will
commence on the day after Royal Assent of this proposed Act is
received or the day on which the Electoral Act 2002 comes into
operation, whichever is later. Reference is made to selecting
jurors from the register of electors.
Clause 6 amends section 31(1) of the Juries Act 2000.
This clause makes the calling out of the names of the jury panel
discretionary rather than mandatory. Many courts have
considered the calling out of names of the panel to be
unnecessary and potentially compromising persons' safety and
security. The calling out of the names of persons comprising the
panel during the empanelment process (sections 33 and 36)
remains unchanged.
Clause 7 amends section 47 of the Juries Act 2000.
This clause allows for majority verdicts in civil trials where the
number of jurors has been reduced from six to five. The
amendment also enables a judge to discharge a civil jury if the
members of the jury have failed to reach a verdict after six hours.
Clause 8 amends section 81 of the Juries Act 2000.
This clause allows a court to remit a fine imposed on a person for
failing to comply with a summons for jury service (section
81(1)(a)) or failing to comply with an instruction under
section 41 to attend for jury service (section 81(1)(b)) if the court
is satisfied that the person had a reasonable excuse for failing to
comply with the summons or instruction. The clause also allows
a court to remit a fine imposed on a person for failing, once
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empanelled, to attend as a juror. This amendment allows for the
matter to be dealt with immediately if the person attends court
after the fine has been imposed.
Clause 9 amends Schedule 1 to the Juries Act 2000.
Sub-clause (1) amends clause 2 of Schedule 1 to clarify that it is
the length of the sentence given or detention order made that is
relevant in determining whether a person is disqualified from jury
service. Under the Juries Act 2000 there has been confusion as
to whether the clause relates to the length of sentence or
detention order or the time actually spent in prison or in
detention. Suspended sentences are excluded from the operation
of clause 2 as they are expressly dealt with in clause 3 of the
Schedule.
Sub-clause (2) amends clause 3 of Schedule 1 to, again, clarify
that it is the length of the sentence given or detention order made
that is relevant in determining whether a person is disqualified
from jury service.
Clause 10 amends clause 1 of Schedule 2 to the Juries Act 2000.
This clause limits ineligibility for jury service under paragraph (f)
to persons in the public sector employed or engaged in law
enforcement, criminal investigation, the provision of legal
services in criminal cases, the administration of justice or penal
administration. "Public sector" has the same meaning as in the
Public Sector Management and Employment Act 1998 and
excludes local councils.
Clause 11 amends Schedule 6 to the Juries Act 2000.
This clause provides saving provisions in relation to the
amendments to Schedules 1 and 2 made by the Act. The clause
provides that the amendment affecting jury disqualification
applies only to juries empanelled on or after the commencement
of clause 9 and that the amendment affecting jury eligibility
applies only to juries empanelled on or after the commencement
of clause 10.
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