Juries Act 2003 (Tas)

Juries Act 2003 An Act to provide for the operation and administration of a system of trial by jury [Royal Assent 17 September 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: PART 1 - Preliminary 1. Short title This Act may be cited as the Juries Act 2003 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation In this Act – civil trial means a trial of an issue or an assessment of damages before the court sitting in the exercise of a jurisdiction other than its criminal jurisdiction; court means the Supreme Court; criminal trial means – (a) a trial on indictment for an indictable offence; and (b) a trial of an issue by the court sitting in the exercise of its criminal jurisdiction; and (c) an investigation or a special hearing under the Criminal Justice (Mental Impairment) Act 1999 ; deliberations includes discussions between 2 or more jurors during a trial of matters relevant to that trial; Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004 ; juror means a person who is a member of a jury; jury district means a jury district referred to in section 18 ; jury list means a jury list referred to in section 20 ; jury roll means a jury roll referred to in section 19 ; jury service means service as a juror in a trial; jury service period means the period for which a jury roll is prepared; majority verdict means a verdict on which 10 jurors agree; non-disqualifying offence means an offence that does not disqualify a person from jury service under Schedule 1 ; panel means a panel constituted under section 28(4) ; prohibited matter means any statement made, opinion expressed, argument advanced or vote cast in the course of the deliberations of a jury; psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; publish includes disseminate, broadcast and transmit; reserve juror means a person referred to in section 26 ; Sheriff means the sheriff or deputy sheriff of the court; State roll means the State roll as defined in the Electoral Act 2004 ; supplementary juror means a person referred to in section 37 ; trial means a civil trial or a criminal trial; view includes inspection. 4. Random selection The selection of a person for any purpose of this Act, other than for a purpose under section 37 , is to be at random. 5. Application of Act This Act applies to a trial involving a jury the members of which are summoned under this Act, irrespective of when the offence or crime to which the trial relates is alleged to have been committed or when the cause of action arose. PART 2 - Liability for jury service 6. Persons qualified, liable or ineligible for jury service (1) Any person who is enrolled on the State roll is qualified and liable for jury service. (2) A person referred to in Schedule 1 is disqualified from jury service. (3) A person referred to in Schedule 2 is ineligible for jury service. 7. Impeaching verdict (1) The fact that a juror is disqualified from, or is ineligible for, jury service is not a ground for impeaching a verdict unless that fact is established to the satisfaction of the court before the verdict is delivered. (2) Any irregularity relating to the preparation of a jury list, the issuing of a summons, the constitution of a panel or the selection of a jury is not a ground for impeaching a verdict. 8. Deferral of jury service (1) A person, or another person on his or her behalf, may apply to the Sheriff for deferral of jury service to another jury service period within the next 12 months. (2) The application is to be made before the person by or for whom it is made is selected to be empanelled for a jury under section 29 . (3) On receipt of the application, the Sheriff may – (a) grant the application to defer the jury service for a further period within the next 12 months; or (b) refuse to grant the application. (4) If the Sheriff refuses to grant the application to defer a person's jury service, the Sheriff, by notice in writing, is to notify the person accordingly. 9. Excused by Sheriff for good reason (1) A person, or another person on his or her behalf, before the person is selected under section 29 to be empanelled, may apply to the Sheriff to be excused from jury service for the whole or any part of the jury service period. (2) On receipt of an application, the Sheriff may – (a) grant the application to excuse a person from jury service for the whole or any part of the jury service period if satisfied that there is good reason for doing so; or (b) refuse to grant the application if not so satisfied. (3) Good reason to excuse a person from jury service means any of the following: (a) the illness or poor health of the person; (b) the incapacity of the person; (c) the excessive time or excessive inconvenience to the person to travel to the place at which the person is required to attend for jury service; (d) the substantial hardship to the person resulting from attendance for jury service; (e) the substantial financial hardship resulting from the person's attendance for jury service; (f) the substantial inconvenience to the public resulting from the person's attendance for jury service; (g) if the person has the care of any dependant, alternative care during the person's attendance for jury service is not reasonably available for that dependant; (h) the beliefs or principles of the religious society or body of which the person is a practising member are incompatible with jury service; (i) any other matter of special urgency or importance. (4) The Sheriff is to be satisfied by – (a) evidence on oath or by affirmation; or (b) statutory declaration; or (c) any other means the Sheriff considers appropriate. (5) If the Sheriff refuses an application to be excused from jury service, the Sheriff is to notify the person in respect of whom the application was made accordingly. 10. Permanently excused (1) A person, or another person on his or her behalf, may apply at any time to the Sheriff for the person to be excused permanently from jury service. (2) On receipt of an application, the Sheriff may – (a) grant the application to excuse a person permanently from jury service if satisfied that there is good reason for doing so; or (b) refuse to grant the application if not so satisfied. (3) Good reason to excuse a person permanently from jury service means any of the following: (a) the continuing poor health of the person; (b) the disability of the person; (c) the beliefs or principles of the religious society or body of which the person is a practising member are incompatible with jury service. (4) The Sheriff is to be satisfied by – (a) evidence on oath or by affirmation; or (b) statutory declaration; or (c) any other means the Sheriff considers appropriate. (5) If the Sheriff refuses an application to be excused permanently from jury service, the Sheriff, by notice in writing, is to notify the person in respect of whom the application was made accordingly. 11. Excused on ground of age (1) A person who is at least 70 years of age, or another person on his or her behalf, may apply to the Sheriff for the person to be excused from jury service – (a) for the whole or any part of a jury service period; or (b) on a permanent basis. (2) An application under subsection (1)(a) is to be made before the person is selected under section 29 to be empanelled. (3) On receipt of an application, the Sheriff must grant the application to excuse the person from jury service in accordance with the application. 12. Excused by court for good reason (1) The court, by order, may excuse the person from jury service – (a) for the whole or a part of a jury service period; or (b) for a longer period specified by the court; or (c) permanently. (2) The court may make an order under subsection (1) on referral to it by the Sheriff if the court is satisfied that there is good reason for the person to be excused from jury service. (3) For the purpose of subsection (2) , good reason includes the matters specified in section 9(3) and section 10(3) . 13. Court may order person not to perform jury service (1) If the Sheriff considers that a person may not be able to perform jury service, the Sheriff may apply to the court for an order under subsection (2) . (2) If the court thinks it is just and reasonable to do so, it may, on its own motion or on an application under subsection (1) , order that a person not perform jury service – (a) for the whole or any part of the jury service period; or (b) for a longer period specified by the court; or (c) permanently. 14. Exemptions in certain circumstances (1) The Sheriff may grant a person who performs jury service an exemption from jury service for any period, not exceeding 3 years, that the Sheriff considers appropriate. (2) When a juror or a jury is discharged during or at the conclusion of a trial, the court may order that the juror is, or all the jurors are, exempt for a specified period from jury service – (a) if the trial required the attendance of the juror or jury for a lengthy period; or (b) for any other good reason. 15. Notification to Sheriff The court is to cause the Sheriff to be notified – (a) if it – (i) excuses or exempts a person from jury service under section 12 or 14 ; or (ii) orders that a person not perform jury service under section 13 ; and (b) of the period for which the person is excused or exempted from jury service or ordered not to perform jury service. 16. Waiver of exemption or excuse A person who is – (a) excused from jury service under section 9 , 10 or 11 ; or (b) exempted from jury service under section 14 – may waive the excuse or exemption by written notice to the Sheriff. 17. Deferring or cancelling jury service (1) If it appears to the Sheriff, after the issue of summonses under section 27 but before the persons summoned attend for jury service, that, for any one or more days of their attendance, the number summoned is greater than the number required, the Sheriff may defer or cancel the jury service of all or a selected number of those persons. (2) If it appears that the number of persons attending for jury service exceeds the number reasonably required, the Sheriff or the court may defer or cancel the jury service of all or a selected number of those persons. PART 3 - Jury districts, rolls and lists 18. Jury districts (1) There is a jury district for Hobart and any other place at which the court is held. (2) The Governor, on the recommendation of the Minister, is to define and appoint, by order published in the Gazette, a jury district for Hobart and any other place at which the court is held. 19. Jury roll (1) The Electoral Commissioner, at the request of the Sheriff, is to provide a roll for each jury district. (2) The roll for a jury district is to contain the name, address and date of birth of each person who is enrolled on the State roll for an address within that jury district. (3) The roll provided under this section for a jury district is the jury roll for that jury district until a new jury roll is provided. 20. Jury list (1) The Sheriff is to prepare in each calendar year a list of persons selected from a jury roll by the Sheriff as being liable for jury service in a jury district. (2) The jury list is to include a number of persons the Sheriff considers adequate excluding – (a) persons the Sheriff knows are disqualified from, or ineligible for, jury service; and (b) persons who have served as jurors in the previous 3 years. (3) The jury list is to contain the name, address and date of birth of each person on the jury list. (4) The Sheriff may make any enquiries he or she considers necessary to determine if – (a) a person included on a jury list is disqualified from, or ineligible for, jury service; or (b) any information contained in a jury list is incorrect. (4A) Without limiting the generality of subsection (4) , the Sheriff, by notice, may require a person on a jury list to produce a document to determine if the person is qualified for jury service. (4B) A person, without reasonable excuse, must not fail to comply with a requirement under subsection (4A) . Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months. (5) The Sheriff may amend a jury list to – (a) correct an error; or (b) remove from the jury list the name of a person who is disqualified from, or ineligible for, jury service. (6) A jury list has effect only during the calendar year following the year in which it was prepared. 21. . . . . . . . . 22. . . . . . . . . 23. Enquiries relating to disqualification (1) The Sheriff is to provide the Commissioner of Police with a copy of – (a) each jury list; and (b) a list of persons to be summoned under section 27 . (2) The Commissioner of Police is to – (a) cause enquiries to be made as to whether a person named on the jury list or the list of persons to be summoned under section 27 has, or is alleged to have, committed an offence in Tasmania or elsewhere to determine whether the person is disqualified from jury service; and (b) provide a report of the result of those enquiries to the Sheriff. (3) If an enquiry reveals that a person named on a jury list or the list of persons to be summoned under section 27 is disqualified, the Sheriff is to remove the person's name from the jury list or that list. 24. Enquiries relating to non-disqualifying offences The Commissioner of Police, at the request of the Director of Public Prosecutions, is to – (a) cause enquiries to be made as to whether a person named on the list provided under section 27(6) has, or is alleged to have, committed a non-disqualifying offence in Tasmania or elsewhere; and (b) provide a report of the result of those enquiries to the Director of Public Prosecutions. PART 4 - Summoning jurors 25. Civil and criminal juries (1) If a civil trial is to be tried by a jury, the jury is to be comprised of – (a) 7 jurors; or (b) if the court makes an order under section 26 , up to 9 jurors. (2) A criminal trial is to be tried by a jury comprised of – (a) 12 jurors; or (b) if the court makes an order under section 26 , up to 14 jurors. 26. Reserve jurors (1) Before the jury is empanelled in a trial, the court may order the empanelment of up to 2 reserve jurors. (2) A reserve juror – (a) is to have the same qualifications as a juror; and (b) is to be summoned and empanelled in the same manner as a juror; and (c) is subject to the same challenges and liability to be stood aside or discharged as a juror; and (d) is to take the same oath or make the same affirmation as a juror; and (e) has the same functions, powers, entitlements and privileges as a juror. (3) The law in respect of jurors applies to a reserve juror with any modifications as are required. (4) If a juror, during a trial (whether before or after the jury retires to consider its verdict), dies or becomes incapable of, is disqualified from, or is discharged from, performing the duties as a juror, the juror is to be replaced by a reserve juror determined in a manner determined by the court. (5) If a reserve juror who has not replaced a juror dies or becomes incapable of, is disqualified from, or is discharged from, performing the duties as a juror, the trial in respect of which he or she is a reserve juror is not affected by that death, incapacity, disqualification or discharge. (6) A reserve juror is to remain in the court during a trial in respect of which he or she is a reserve juror unless discharged or permitted by the court to leave the precincts of the court. (7) The court in which a trial is being conducted, at any time after a jury in that trial has retired to consider its verdict, may discharge a reserve juror empanelled in respect of that trial. (8) If the jury retires to consider its verdict, a reserve juror, unless otherwise directed by the court, must not – (a) participate in the deliberations of the jury; or (b) enter the jury room or discuss any other matter relating to the trial with any juror until the jury has returned its verdict. 27. Summons (1) The Sheriff is to issue a summons to a sufficient number of persons selected from a jury list. (2) A summons is to – (a) be addressed to the person at the address recorded in the jury list; and (b) specify the date, time and place at which the person is required to attend for jury service; and (c) specify that the person is to attend for jury service as required until discharged; and (d) be served on the person in person or by ordinary post not less than 14 days before the person is required to attend for jury service. (3) The Sheriff may – (a) recall and cancel a summons; and (b) issue a fresh summons for the same purpose as that for which the cancelled summons was issued. (4) A person, without reasonable excuse, must not fail to comply with a summons. Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months. (5) It is a reasonable excuse for the purpose of subsection (4) if – (a) an application has been made under section 8 for deferral of jury service or under section 9 or 10 to be excused from jury service; and (b) the person has not been notified of the Sheriff's decision to refuse the application before the date specified in the summons as the date on which the person is required to attend for jury service. (6) The Sheriff is to prepare a list of the names of the persons to whom a summons was issued and provide a copy of the list to – (a) the Director of Public Prosecutions; and (b) the Commissioner of Police; and (c) the person arraigned or his or her representative; and (d) the parties to the trial. PART 5 - Jury trials 28. Jury panel (1) On the day and at the time specified in the summons issued under section 27 or on any other day and at a time directed by the court or the Sheriff, the person named in the summons is to attend for jury service at the place referred to in the summons unless the person's service is deferred or cancelled under section 17 . (2) The Sheriff or Deputy Sheriff may require a person attending for jury service to produce evidence of his or her identity. (3) For each person attending for jury service, the Sheriff or Deputy Sheriff is to cause to be prepared a document bearing – (a) the name, address and date of birth of the person; and (b) the occupation of the person. (4) The persons who attend for jury service – (a) constitute a panel from which a jury may be formed; and (b) are under the direction of the Sheriff or Deputy Sheriff, subject to the general direction of the court. 29. Empanelment (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. (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. (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. 30. Challenges for cause in civil trials In a civil trial, the number of potential jurors that each party may challenge for cause is unlimited. 31. Peremptory challenges in civil trials (1) In a civil trial, each party is allowed to challenge peremptorily 3 potential jurors. (2) . . . . . . . . (3) If several parties are represented in a civil trial by the same Australian legal practitioner, they are taken to be one party. (4) If several parties are not represented in a civil trial by the same Australian legal practitioner – (a) they may consent to join in their peremptory challenges; or (b) if they do not consent, each is allowed to challenge peremptorily as provided by subsection (1) . (5) Unless the court otherwise orders, a potential juror in respect of whom a peremptory challenge is made – (a) is to return to the panel; and (b) may be selected on a jury for another trial. 32. Challenges to entire panel (1) A party to a trial who objects to the entire panel may challenge the panel by stating the reasons for the challenge before the empanelment of the jury commences. (2) The court is to decide the challenge before proceeding to empanel the jury. 33. Challenges for cause in criminal trials In a criminal trial, the number of potential jurors that each person arraigned or the Crown may challenge for cause is unlimited. 34. Standing aside jurors in criminal trials (1) In a criminal trial, the number of potential jurors that the Crown may require to stand aside is unlimited. (2) . . . . . . . . (3) A potential juror required to stand aside by the Crown – (a) continues to be a member of the panel from which the jury is being selected; and (b) is available to be selected again for the trial if the panel is exhausted. (4) If a potential juror required to stand aside by the Crown is selected again from the same panel, the Crown may not require the potential juror to stand aside again but may challenge him or her for cause. (5) This section does not apply to an investigation under the Criminal Justice (Mental Impairment) Act 1999 . 35. Peremptory challenges in criminal trials (1) Each person arraigned in a criminal trial is allowed to challenge peremptorily 6 potential jurors. (2) . . . . . . . . (3) A person arraigned may – (a) if that person has peremptorily challenged 6 potential jurors, challenge peremptorily one reserve juror; or (b) if that person has peremptorily challenged fewer than 6 potential jurors, challenge peremptorily a number of reserve jurors that is equal to 6 minus the number of potential jurors challenged under subsection (1) plus one. (4) This section does not apply to an investigation under the Criminal Justice (Mental Impairment) Act 1999 . (5) Unless the court orders otherwise, a potential juror in respect of whom a peremptory challenge is made – (a) is to return to the panel; and (b) may be selected on a jury for another trial. 36. Determination of challenges for cause (1) A challenge to a potential juror for cause is to be heard and determined by the court before whom the jury is being empanelled. (2) If a challenge for cause to a potential juror for a trial is upheld, the person challenged is not to be empanelled on the jury for that trial. (3) Unless the court otherwise orders, a potential juror in respect of whom a challenge for cause is upheld – (a) is to return to the panel; and (b) may be selected on a jury for another trial. 37. Supplementary jurors (1) If there is an insufficient number of persons available on a panel for the selection of a jury, the court, on its own motion or on application by a party or the person arraigned, may direct the Sheriff to supplement the panel by – (a) selecting a sufficient number from among persons who are qualified and liable for jury service; and (b) instructing them to attend for jury service. (2) The number of persons to be selected, and the method of selection, are as the court directs. (3) The persons instructed under this section to attend for jury service become members of the panel from which the jury for the trial is to be selected. (4) A person, without reasonable excuse, must not fail to comply with an instruction under subsection (1)(b) . Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months. 38. Oath or affirmation by jurors (1) On being empanelled in a criminal trial, a juror, in open court, must take an oath or make an affirmation. (2) A juror in a criminal trial is to take an oath by answering "I swear" or make an affirmation by answering "I affirm" in reply to the oath or affirmation being tendered in accordance with Part 1 or 2 of Schedule 3 . (3) On being empanelled in a civil trial, a juror, in open court, must take an oath or make an affirmation. (4) A juror in a civil trial is to take an oath by answering "I swear" or make an affirmation by answering "I affirm" in reply to the oath or affirmation being tendered in accordance with Part 3 or 4 of Schedule 3 . (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. (5) A person, without reasonable excuse, must not fail to take the appropriate oath or make the appropriate affirmation. Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months. 39. Information for jury (1) The court is to inform the jury, or cause the jury to be informed, of the following: (a) the type of action or charge involved in the trial; (b) the name of the accused in a criminal trial or the names of the parties in a civil trial; (c) the names of the principal witnesses expected to be called in the trial; (d) the estimated length of the trial; (e) any other information that the court considers relevant. (2) The court is to call on the jurors to seek to be excused from jury service for the trial. (3) The court may excuse a juror from jury service for the trial if – (a) the court suspects on reasonable grounds that the juror may not be able to consider the case impartially; or (b) the court is satisfied that the person is unable to perform jury service for any other reason. (4) If the court excuses a juror from jury service for the trial, the court may direct that another person be selected and sworn in for that trial. (5) Unless the court otherwise orders, a juror excused from jury service under subsection (3) – (a) is to return to the panel; and (b) may be selected on a jury for another trial. 40. Discharge of juror by court The court, during a trial, may discharge a juror without discharging the whole jury if – (a) the court suspects on reasonable grounds that the juror may not be able to consider the case impartially; or (b) the juror becomes incapable of continuing to act as a juror; or (c) the juror becomes ill or dies; or (d) it appears to the court that, for any other reason, the juror should not continue to act as a juror. 41. Discharge of jury without verdict (1) The court, at any time during a trial, may discharge a jury without giving a verdict if it is expedient to do so in the interests of justice. (2) If a jury is discharged without giving a verdict, the court may order the trial to be held at the same or any future sittings of the court. (3) If, during a trial, a judge becomes incapable of proceeding with the trial or directing the discharge of the jury, an officer of the court is to discharge the jury. (4) If a jury is discharged under this section, a person arraigned is to remain in custody unless admitted to bail. 42. Continuation of trial with reduced jury (1) If a juror dies or is discharged during a trial and there is no reserve juror, the court may direct that the trial be continued with the remaining jurors. (2) A civil trial must not continue with fewer than 6 jurors. (3) A criminal trial must not continue with fewer than 10 jurors. (4) The verdict of the remaining jurors in a trial has the same effect as if all the jurors had been present. 43. Failure to reach unanimous verdict in criminal trials (1) If, after deliberating for at least 2 hours, a jury in a criminal trial, other than one relating to treason or murder, has not reached a unanimous verdict, the court is to take a majority verdict as the verdict of the jury. (2) If, after deliberating for at least 6 hours, a jury in a criminal trial relating to treason or murder has not reached a unanimous verd