Western Australian Current Acts Western Australian Current Acts (1) A judge or
summoning officer may excuse a person under this section —
(a) on
his or her own initiative or an application made by the person under
section 34F; and
(b) even
if an application by the person to be excused under section 34H has been
refused.
(2) If a judge or the
summoning officer is satisfied that a person who is summoned —
(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) does
not reside in the district concerned; or
(e) does
not understand spoken or written English, or cannot speak English, well enough
to be capable of serving effectively as a juror; or
(f) is
not capable of serving effectively as a juror because he or she has a physical
disability or a mental impairment,
the judge or summoning
officer must excuse the person from the summons.
(3) As soon as
practicable after a person is excused under this section, the judge or
summoning officer must —
(a) if
the person is excused under subsection (2)(a), (b), (c) or (d), ensure that
—
(i)
the person’s name, jurors’ book number and
identification number are removed from any panel of jurors or jury pool, as
the case requires; and
(ii)
every ticket and card bearing the person’s
jurors’ book number or identification number is removed from every box
in use under this Act; and
(iii)
the person’s name and jurors’ book number are
removed from the jurors’ book for the district concerned;
(b) if
the person is summoned for one or more criminal trials and is excused under
subsection (2)(e) or (f), ensure that —
(i)
the person’s name, jurors’ book number and
identification number are removed from the panel of jurors or the jury pool,
as the case requires; and
(ii)
the card bearing the person’s identification number
is removed from every box being used to select or choose jurors at the trials;
(c) if
the person is summoned for a civil trial and is excused under subsection
(2)(e) or (f), ensure that the ticket bearing the person’s jurors’
book number is dealt with in accordance with section 29(3)(b).
(4) The name of a
person excused under subsection (2)(e) or (f) must not be removed from the
jurors’ book for the district concerned by reason only of the excusal.
[Section 34G inserted: No. 13 of 2011 s. 34.]