Victorian Numbered Acts

COURTS LEGISLATION AMENDMENT (JURIES AND OTHER MATTERS) ACT 2008 (NO. 38 OF 2008) - SECT 7

After section 78 of the Juries Act 2000 insert —

        " 78A     Panel member or juror must not make enquiries about trial matters

    (1)     A person who is—

        (a)     on a panel for a trial; or

        (b)     a juror in a trial—

must not make an enquiry for the purpose of obtaining information about a party to the trial or any matter relevant to the trial, except in the proper exercise of his or her functions as a juror.

Penalty:     120 penalty units.

    (2)     This section applies from the time a person is selected or allocated as part of a panel for a trial until—

        (a)     the person is excused from jury service on the trial; or

        (b)     the person returns to the jury pool; or

        (c)     if the person is empanelled as a juror,     the juror, or the jury of which the juror is a member, is discharged by the trial judge.

    (3)     Nothing in this section prevents a juror from—

        (a)     making an enquiry of the court or another member of the jury, in the proper exercise of his or her functions as a juror; or

        (b)     making an enquiry authorised by the trial judge.
s. 7

    (4)     Anything done by a juror in contravention of a direction given to the jury by the trial judge is not a proper exercise by the juror of his or her functions as a juror.

    (5)     In this section, "making an enquiry" includes—

        (a)     consulting with another person;

        (b)     conducting any research by any means;

Example

Using the Internet to search an electronic database for information.

        (c)     viewing or inspecting a place or object that is relevant to the trial;

        (d)     conducting an experiment;

        (e)     requesting another person to make an enquiry.

        78B     Examination of juror etc. as to enquiries

A judge may examine on oath a person referred to in section 78A(1) to determine whether a person has engaged in conduct that may constitute an offence against section 78A(1).

        78C     Self-incrimination not an excuse

    (1)     A person is not excused from complying with a requirement to give evidence on an examination under section 78B on the ground that the evidence might incriminate the person in relation to an offence against section 78A.

    (2)     Any evidence given by a person on an examination under section 78B or any information, document or thing obtained as a direct or indirect consequence of the person having given evidence is not admissible in evidence against the person in criminal proceedings in relation to an offence against section 78A.

Note

Subsection (2) does not extend to other offences, such as perjury.".

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