Western Australian Current Acts Western Australian Current Acts (1) Where a general
jury precept is delivered to the summoning officer for a jury for a criminal
trial, the summoning officer shall, subject to section 29A, choose in the
manner prescribed by this section the persons to be summoned from those whose
names appear in the jurors’ book for the jury district in which the
attendance of jurors is required by the general jury precept.
(2) At a time and
place which the summoning officer shall appoint, and in the presence of one of
the senior officers of the Supreme Court if the summoning officer is the
sheriff, or, if not the sheriff, in the presence of a justice of the peace,
the summoning officer shall do the following —
(a)
firstly —
(i)
read aloud the name of any person whose name is required
to be on the panel by virtue of section 34H(5)(b) or (6); and
(ii)
obtain from the box for the jury district marked
“Jurors in Use” the ticket the number of which corresponds to that
name, if there is such a ticket; and
(iii)
except in the case of an omission authorised by
subsection (3), write or cause to be written that number and name on a panel;
(b)
secondly, cause the tickets in the box for the jury district marked
“Jurors in Use” to be intermixed and then —
(i)
draw one ticket from the box and read its number; and
(ii)
refer to the corresponding number in the jurors’
book and read aloud the name to which that number is assigned in the
jurors’ book; and
(iii)
except in the case of an omission authorised by
subsection (3), write or cause to be written that number and name on a panel;
and
(iv)
repeat the steps in subparagraphs (i) to (iii) until the
panel, including any name included under paragraph (a), has on it the number
of persons to be summoned as jurors;
(c)
thirdly, sign the panel and keep the tickets corresponding to the numbers and
names so written on the panel until after the precept is returnable;
(d)
fourthly, draw out of the box, one at a time, a sufficient number of
additional tickets to be kept for use under section 27(1).
(3) If the number on a
ticket corresponds in the jurors’ book to the name of a person who the
summoning officer is satisfied —
(a) is
not eligible or not qualified to serve as a juror under section 5; or
(b) has
a certificate issued under section 34E; or
(c) is a
person who, under the Jury Exemption Act 1965 (Commonwealth), shall not be
summoned to serve as a juror in this State; or
(d) no
longer resides in the district; or
(e) has
no known address; or
(f) has
died,
the summoning officer
must omit that name from the panel and draw from the box a ticket in place of
the ticket representing the person whose name is so omitted.
[(4) deleted]
(5) The persons whose
names appear on the panel shall be the jurors to be summoned and the summoning
officer shall forthwith cause to be issued to each juror named in the panel a
summons in the prescribed form.
(6) The summoning
officer shall ensure that —
(a) each
person to whom a summons is issued is allocated a unique identification
number; and
(b) the
panel shows the identification number against the place where the
person’s name appears on the panel.
[Section 26 amended: No. 6 of 1981 s. 16; No. 59
of 1984 s. 12; No. 13 of 1988 s. 3; No. 25 of 2003 s. 6; No. 13 of 2011
s. 16.]