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JURIES ACT 2000 - SCHEDULE 1

Schedule 1—Persons disqualified from serving as jurors

Section 5(2)

1.     A person who has been convicted, in Victoria or another jurisdiction, of treason or one or more indictable offences and sentenced to—

        (a)     imprisonment for a term or terms in the aggregate of 3 years or more; or

Sch. 1 cl. 1(b) amended by No. 69/2005 s. 29.

        (b)     a period of detention, for 3 years or more, under a hospital security order made under section 93A of the Sentencing Act 1991 or an equivalent order in another jurisdiction—

but any conviction of an offence in respect of which a free pardon has been granted must be disregarded.

2.     A person who within the last 10 years has been, in Victoria or another jurisdiction—

Sch. 1 cl. 2(a) substituted by No. 43/2002 s. 9(1)(a).

        (a)     sentenced to imprisonment for a term or terms in the aggregate of 3 months or more (excluding a suspended sentence of imprisonment); or

Sch. 1 cl. 2(b) amended by Nos 43/2002 s. 9(1)(b), 69/2005 s. 29.

        (b)     ordered to be detained, for a period of 3 months or more, under a hospital security order made under section 93A of the Sentencing Act 1991 or an equivalent order in another jurisdiction—

but any conviction of an offence in respect of which a free pardon has been granted must be disregarded.

3.     A person who within the last 5 years, in Victoria or another jurisdiction—

Sch. 1 cl. 3(a) amended by No. 43/2002 s. 9(2)(a).

        (a)     has been sentenced to imprisonment for a term or terms in the aggregate of less than 3 months; or

Sch. 1 cl. 3(b) amended by Nos 43/2002 s. 9(2)(b), 69/2005 s. 29.

        (b)     has been ordered to be detained, for a period of less than 3 months under a hospital security order made under section 93A of the Sentencing Act 1991 or an equivalent order in another jurisdiction; or

Sch. 1 cl. 3(c) amended by No. 65/2011 s. 107(Sch. item 7.1).

        (c)     has served a sentence of imprisonment by way of intensive correction in the community within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011 , or an equivalent sentence in another jurisdiction; or

        (d)     has been sentenced to a suspended sentence of imprisonment; or

Sch. 1 cl. 3(e) amended by No. 48/2006 s. 42(Sch. item 20).

        (e)     has served a sentence of detention in a youth justice centre or youth residential centre or an equivalent sentence in another jurisdiction—

but any conviction of an offence in respect of which a free pardon has been granted must be disregarded.

Sch. 1 cl. 4 amended by No. 65/2011 s. 107(Sch. item 7.2).

4.     A person in respect of whom a court in Victoria (including the Magistrates' Court) or another jurisdiction, has, within the last 5 years, made an old community-based order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ), or an equivalent order in another jurisdiction, but any conviction, or finding of guilt, of an offence in respect of which a free pardon has been granted must be disregarded.

Sch. 1 cl. 4A inserted by No. 65/2011 s. 107(Sch. item 7.3).

4A.     A person in respect of whom a court in Victoria (including the Magistrates' Court), has, within the last 5 years, made a community correction order under Part 3A of the Sentencing Act 1991 , or an equivalent of a community-based sentence in another jurisdiction, but any conviction, or finding of guilt, of an offence in respect of which a free pardon has been granted must be disregarded.

5.     A person who within the last 2 years—

        (a)     has been sentenced by a court, in Victoria (including the Magistrates' Court) or another jurisdiction, for an offence; or

        (b)     has been released on the giving of an undertaking under section 72 or 75 of the Sentencing Act 1991 , or an equivalent undertaking in another jurisdiction.

6.     A person who has been charged with an indictable offence and is released on bail in respect of that offence.

7.     A person who is remanded in custody in respect of an alleged offence.

8.     A person who has been declared bankrupt and has not obtained a discharge.



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