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TASMANIA
__________
JURIES AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 29 substituted
29. Empanelment
5. Section 31 amended (Peremptory challenges in civil
trials)
6. Section 34 amended (Standing aside jurors in criminal
trials)
7. Section 35 amended (Peremptory challenges in criminal
trials)
8. Section 38 amended (Oath or affirmation by jurors)
[Bill 83]-IX
2
JURIES AMENDMENT BILL 2004
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Juries Act 2003
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Juries Amendment Act
2004.
Commencement
2. This Act commences on the day on which the Juries Act
2003 commences.
Principal Act
3. In this Act, the Juries Act 2003* is referred to as the
Principal Act.
*No. 48 of 2003
[Bill 83] 3
s. 4 No. Juries Amendment 2004
Section 29 substituted
4. Section 29 of the Principal Act is repealed and the
following section is substituted:
Empanelment
29. (1) The court is to authorise a person to select
persons to be empanelled for a jury for a trial.
(2) For a criminal trial, before the selection of
persons to be empanelled for the jury, the judge or a
person authorised by the judge is to inform the
person arraigned that -
(a) the persons whose names are about to be
called may become jurors for the trial;
and
(b) once those persons have taken their
place in the jury box, the person
arraigned will be asked whether he or
she wants to challenge any of them.
(3) The authorised person is to select from a
panel a sufficient number of persons to be
empanelled for a jury for a trial.
(4) The authorised person is to call out the
names of the persons selected or, if the court makes
a direction under subsection (7), their number.
(5) The persons called are to take a seat in the
jury box.
(6) If 2 or more persons have the same name,
the authorised person is to call out their occupations
and, if 2 or more persons have the same name and
occupation, their dates of birth.
4
2004 Juries Amendment No. s. 4
(7) If the court considers that for security
reasons or for any other reason the name of any
person selected should not be read out in open court,
the court, before or after that person is present in
the court, may direct that the person be identified by
number only.
(8) In a criminal trial, when the persons
selected to be empanelled are together in the jury
box -
(a) counsel for the Crown is to be invited to
announce those it wishes to stand aside
or challenge for cause; and
(b) the person arraigned, or his or her
counsel, is to be invited to make his or
her challenges; and
(c) the persons stood aside or challenged
are to be replaced by others selected
from the panel.
(9) In a civil trial, when the persons selected
to be empanelled are together in the jury box -
(a) the parties or their counsel are to be
invited to make their challenges; and
(b) the persons challenged are to be
replaced by others selected from the
panel.
(10) The process initiated in accordance with
subsection (8) or (9) is to continue until no more
persons are stood aside or challenged.
(11) Those persons who have been selected
and not stood aside or challenged are thereby
empanelled and constitute the jury for that trial.
5
s. 5 No. Juries Amendment 2004
(12) A person empanelled for a jury, without
reasonable excuse, must not fail to attend as a juror
until discharged by the court.
Penalty: Fine not exceeding 60 penalty units
or imprisonment for a term not
exceeding 6 months.
Section 31 amended (Peremptory challenges in civil
trials)
5. Section 31 of the Principal Act is amended by omitting
subsection (2).
Section 34 amended (Standing aside jurors in
criminal trials)
6. Section 34 of the Principal Act is amended by omitting
subsection (2).
Section 35 amended (Peremptory challenges in
criminal trials)
7. Section 35 of the Principal Act is amended by omitting
subsection (2).
Section 38 amended (Oath or affirmation by jurors)
8. Section 38 of the Principal Act is amended by inserting
after subsection (4) the following subsection:
(4A) All jurors taking an oath may do so at the
same time and all jurors making an affirmation may
do so at the same time.
6 Government Printer, Tasmania