Western Australian Current Acts Western Australian Current Acts (1) In this section
—
CLMI Act means the
Criminal Law (Mental Impairment) Act 2023 ;
conviction does not include —
(a) a
conviction that has been quashed or set aside; or
(b) a
conviction in respect of which a pardon has been granted; or
(c) a
conviction that is a spent conviction —
(i)
for the purposes of the Spent Convictions Act 1988 ; or
(ii)
if the conviction is for an offence under the law of a
place outside Western Australia, for the purposes of a law of that place that
substantially corresponds with the Spent Convictions Act 1988 ;
person covered by the CLMI Act means a person who
is —
(a) an
accused required under the CLMI Act section 19 to be detained at an authorised
hospital; or
(b) an
unfit accused, as defined in the CLMI Act section 9(1); or
(c) a
supervised person, as defined in the CLMI Act section 9(1);
relevant period has the meaning given by
subsection (2).
(2) For the purposes
of determining under this section if a person is eligible to serve as a juror,
the relevant period is the 5 years immediately before —
(a) if a
summons has been issued under Part VA or VB to the person, the first date on
which the person is required by the summons to attend; or
(b) if a
summons has not been so issued, the first date on which the person would have
to attend under a summons if it were so issued.
(3) Notwithstanding
that a person is liable to serve as a juror by virtue of section 4 that person
—
(a) is
not eligible to serve as a juror at a trial if he or she has reached 75 years
of age; and
(ba) is
not eligible to serve as a juror at a trial if he or she is within a class of
person listed in Schedule 1 Division 1; and
(bb) is
not eligible to serve as a juror at a criminal trial if he or she is within a
class of person listed in Schedule 1 Division 2; and
(b) is
not qualified to serve as a juror at a trial if he or she —
(i)
has been convicted of an offence in Western Australia or
elsewhere and sentenced to —
(I) death whether or not that sentence has
been commuted; or
(II) strict security
life imprisonment referred to in section 282 or 679 of The Criminal Code 1 ;
or
(III) imprisonment for
life; or
(IV) imprisonment for
a term exceeding 2 years or for an indeterminate period;
or
(ii)
has, in the relevant period in Western Australia or
elsewhere —
(I) been the subject of a sentence of
imprisonment or been on parole in respect of any such sentence; or
(II) been found guilty
of an offence and detained in an institution for juvenile offenders; or
(III) been the subject
of a probation order, a community order (as defined in the Sentencing Act 1995
), or an order having a similar effect, made by any court;
or
(iii)
has, in the relevant period in Western Australia, been
convicted of 2 or more offences the statutory penalty for which is or includes
imprisonment; or
(iv)
has, in the relevant period in Western Australia, been
convicted of 3 or more offences against a road law as defined in the
Road Traffic (Administration) Act 2008 section 4;
and
(c) is
not qualified to serve as a juror at a trial if he or she is on bail or in
custody awaiting trial on a charge of an offence or sentence for an offence;
and
(d) is
not qualified to serve as a juror at a trial if he or she is any of the
following —
(i)
an involuntary patient as defined in the Mental Health
Act 2014 section 4;
(ii)
a represented person as defined in the Guardianship and
Administration Act 1990 section 3(1);
(iii)
a person covered by the CLMI Act.
[(iv) deleted]
(4) Notwithstanding
that a person is liable to serve as a juror at a trial by virtue of section 4,
that person is not liable to serve as a juror at the trial if he or she is
excused under Part VC.
[Section 5 inserted: No. 59 of 1984 s. 6; amended:
No. 56 of 1988 s. 4; No. 78 of 1995 s. 57; No. 12 of 2000 s. 4; No. 13 of 2011
s. 10; No. 8 of 2012 s. 115; No. 25 of 2014 s. 69; No. 10 of 2023 s. 351.]
[ 6. Deleted: No. 59 of 1984 s. 7.]
[ 7. Deleted: No. 59 of 1984 s. 8.]