Western Australia: Juries Act 1957 (WA)

Western Australia Juries Act 1957 Western Australia Juries Act 1957 Contents Part I — Preliminary 1. Short title and commencement 1 3. Terms used 1 3A. Application of this Act to District Court 1 3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 Part II — Liability to serve as jurors 4. Liability to serve as juror 1 5. Persons who are not eligible or not qualified or who are excused 1 8. Verdict not affected 1 Part III — Jury districts 9. Jury districts 1 10. Area of jury districts 1 11. Transitional provisions for alterations or abolition of Assembly districts 1 12. Power to vary jury districts 1 Part IV — Jurors' books, boxes and tickets 13. Jury officers 1 14. Electoral Commissioner to prepare jury lists 1 15. Electoral Commissioner to prepare jury lists for new districts 1 16A. Sheriff to prepare jurors' book for each district 1 16. Jurors' tickets to be placed in boxes 1 17. Duty of police 1 Part V — Numbers of jury 18. Number of jurors for a criminal trial 1 19. Number of jurors for a civil trial 1 Part VA — General jury precepts and panels 20. General jury precepts 1 21. Summoning officer 1 22. Contents and issue of general jury precept 1 23. Number of jurors to be summoned 1 24. Oral precepts and amending or enlarging panel 1 25. Power of appointment of alternative summoning officer where summoning officer has interest in trial 1 26. Procedure for choosing jurors for criminal trials 1 27. Extra people to be summoned to make up for people not attending 1 28. Ticket of juror not attending to be returned to box 1 29. Choosing of jurors for civil trials 1 29A. Empanelling of jury for criminal and civil trials by computer 1 30. Rights of parties in criminal trials to inspect list of summoned jurors 1 31. Summoning of jurors 1 Part VB — Jury pools 32A. Trials for which jury pools may be summoned 1 32B. Summoning officer for jury pools 1 32C. Selection of jury pool 1 32D. Summoning officer to issue summons 1 32E. Summoning officer may withdraw summons 1 32F. Summoning officer to provide details to jury pool supervisor 1 32FA. Jury pool supervisor to give identification number and explain certain matters to persons answering summons 1 32G. Pool precept 1 32H. Selection of jurors from jury pool 1 32I. Period of attendance at jury pool and discharge 1 Part VC — Serving summonses and excusing people Division 1 — Serving summonses 33. Service of summons 1 33A. Information to be given to summoned people 1 34. Duty of secrecy in summoning jurors 1 34B. Summoning officer to give identification number and explain certain matters to persons answering summons 1 Division 2 — Excusing people 34C. Term used: summoned 1 34D. Division does not affect rights to challenge for cause 1 34E. Certificates permanently excusing people 1 34F. Summoned people may apply to be excused 1 34G. General powers to excuse summoned people 1 34H. Deferring jury duty for summoned people or excusing them for good reason 1 34I. People who are not indifferent, excusing 1 34J. People who have done jury duty in previous 5 years, excusing 1 Part VI — Proceedings relating to criminal trials 35. Summoning officer to return precept and panel, and cards 1 36. Mode of empanelling jury for a criminal trial 1 36A. Juror to be referred to by identification number 1 37. Proceeding with another criminal trial when jury has retired 1 39. Accused persons severing in their challenges 1 40. Incorporation of certain provisions of Criminal Procedure Act 2004 1 41. Jury's entitlements when together 1 42. Limit of attendance of jurors 1 43. Informalities in summoning jurors not to be cause for challenge 1 43A. Protection of security of jurors 1 Part VII — Proceedings at civil trials 44. Payments for juries in civil trials 1 45. Challenge to the array 1 46. Discharge of juror 1 47. Jurors may be allowed heating and refreshment 1 48. Incapacity or non‑attendance of juror 1 49. Majority decision to be accepted after 3 hours 1 50. New trial on disagreement 1 Part VIII — View, tales 51. View by jury on a civil trial 1 52. Party in criminal trial may pray a tales 1 Part IX — Offences, fines, penalties 53. Neglect by officials to perform duties 1 54. Offences by sheriff and others 1 55. Offences by jurors and others 1 56. Prejudicial actions against employees who do jury service 1 Part IXA — Jury confidentiality 56A. Terms used 1 56B. Protected information not to be disclosed 1 56C. Protected information not to be solicited or obtained 1 56D. Protected information not to be published 1 56E. Lawful disclosure of protected information 1 57. Jurors not to be photographed 1 Part X — Miscellaneous 57A. Grand Juries not to be summoned 1 58. Application of English procedure where no special provision 1 58A. Public not to be present when certain procedures are being followed 1 58B. Jury service, payments for 1 59. Enforcement of fines 1 60. Operation of Coroners Act 1 61. Rules of court 1 62. Regulations 1 Schedule 1 — Classes of persons not eligible to be jurors Division 1 — Civil and criminal trials 1. Vice‑regal and parliamentary officers 1 2. Judicial and court officers 1 3. Legal practitioners 1 Division 2 — Criminal trials 4. Certain public officers 1 5. Officers in the WA Police 1 Schedule 2 — Matters to be disclosed by a person appearing in answer to a summons to be a juror Notes Compilation table 1 Other notes 1 Defined terms Western Australia Juries Act 1957 An Act to consolidate and amend the law relating to juries, and for other purposes. [Long title amended: No. 59 of 1984 s. 3.] Part I — Preliminary [Heading inserted: No. 19 of 2010 s. 43(3)(a).] 1. Short title and commencement (1) This Act may be cited as the Juries Act 1957. (2) This Act shall come into operation on a date to be fixed by proclamation. [Section 1 amended: No. 6 of 1981 s. 3; No. 59 of 1984 s. 4.] [Heading deleted: No. 19 of 2010 s. 43(3)(b).] [2. Deleted: No. 13 of 2011 s. 40.] 3. Terms used (1) In this Act unless inconsistent with the subject matter or context — Assembly district means an Electoral district for the election of a member of the Legislative Assembly; circuit court means a court held in a circuit town by virtue of the provisions of section 46 of the Supreme Court Act 1935; civil trial means trial in the civil jurisdiction of the Supreme Court, a circuit court, or the District Court; court town means any place where a sitting of the Supreme Court or a circuit court or of the District Court is appointed to be held; criminal trial means a trial of issues required by the Criminal Procedure Act 2004 to be tried by a jury, but does not include a trial in a Children's Court or in summary proceedings; District Court means The District Court of Western Australia established under the District Court of Western Australia Act 1969; Electoral Commissioner means the Electoral Commissioner appointed under the Electoral Act 1907; general jury precept means a precept issued under section 20; identification number of a person means the identification number allocated to the person under section 26(6), 32D(1a) or 52(2); judge — (a) in relation to the Supreme Court, means judge, acting judge or auxiliary judge of that court and includes a commissioner appointed under section 49 of the Supreme Court Act 1935; and (b) in relation to a circuit court, means judge, acting judge or auxiliary judge of that court and includes a commissioner appointed under section 49 of the Supreme Court Act 1935; and (c) in relation to the District Court, means judge, acting judge or auxiliary judge of that court and includes a commissioner appointed under section 24 of the District Court of Western Australia Act 1969; jury assembly room means a place specified in the summons for the assembly of jurors summoned to attend at a jury pool; jury district means a part of the State proclaimed under this Act to be a jury district; jury officer means jury officer ascertained in accordance with section 13; jury pool means a pool of jurors from which juries may be selected for trials to which the pool relates; jury pool supervisor means a person, appointed by the jury officer, for the time being in charge of a jury pool; mental illness means an underlying pathological infirmity of the mind, whether of short or long duration and whether permanent or temporary, but does not include a condition that results from the reaction of a healthy mind to extraordinary stimuli; mental impairment means intellectual disability, mental illness, brain damage, dementia or senility; panel means a panel of jurors chosen under section 26 or 29; pool precept means a precept issued under section 32G; proper officer has the meaning given by subsection (2); sheriff means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia; summoning officer means the sheriff, jury officer or other person whose duty it is to summon jurors, and their deputies respectively; Supreme Court does not include a circuit court; tickets means distinct pieces of card, parchment, or durable material; trial means any trial, issue, inquiry, assessment of damages or other proceeding, whether civil or criminal, for which a jury is or may be lawfully required. (2) For the purposes of this Act, a proper officer is — (a) the associate of the judge; or (b) a person directed by the judge to be the proper officer; or (c) in the absence of either, the judge. [Section 3 amended: No. 44 of 1973 s. 3; No. 64 of 1975 s. 3; No. 6 of 1981 s. 4; No. 23 of 1997 s. 16; No. 25 of 2003 s. 4; No. 59 of 2004 s. 141; No. 84 of 2004 s. 51; No. 42 of 2009 s. 20; No. 13 of 2011 s. 8; No. 9 of 2022 s. 363.] 3A. Application of this Act to District Court Subject to the District Court of Western Australia Act 1969, and to the other provisions of this Act, this Act applies in respect of the District Court, a judge thereof, and any civil or criminal trial held in the District Court as they apply in respect of the Supreme Court, a judge thereof, and any such trial held in the Supreme Court and without limiting the generality of the foregoing, the provisions of this Act relating to the constitution and procuring of juries, the summoning and challenging of jurors, the discharge of juries, and the verdicts of juries extend and apply to the constituting and procuring of juries, the summoning and challenging of jurors, the discharge of juries, and the verdicts of juries in the District Court. [Section 3A inserted: No. 44 of 1973 s. 4.] 3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 3B inserted: No. 34 of 2020 s. 60.] Part II — Liability to serve as jurors [Heading amended: No. 59 of 1984 s. 5.] 4. Liability to serve as juror (1) Subject to this Act, a person who is enrolled on any of the rolls of electors entitled to vote at an election of members of the Legislative Assembly of the Parliament of the State is liable to serve as a juror at trials in the jury district in which the person is shown to live by any of those rolls of electors. (2) Subsection (1) does not apply to a person who is enrolled as stated in that subsection and who is — (a) a person to whom the Electoral Act 1907 section 17A applies; or (b) a person who is enrolled by virtue of the Electoral Act 1907 section 17B(1). [Section 4 inserted: No. 59 of 1984 s. 6; amended: No. 13 of 2011 s. 9.] 5. Persons who are not eligible or not qualified or who are excused (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.] 8. Verdict not affected The fact that a person who — (a) is not eligible or not qualified to serve as a juror; or (b) is excused from serving as a juror, has served as a juror in a trial, whether civil or criminal, is not a ground for questioning, and does not invalidate or affect, the verdict. [Section 8 inserted: No. 59 of 1984 s. 9.] Part III — Jury districts 9. Jury districts For the Supreme Court, and for each circuit court, the Governor shall constitute a jury district. [Section 9 amended: No. 44 of 1973 s. 6.] 10. Area of jury districts (1) A jury district shall consist of the whole or such part or parts of such Assembly district or Assembly districts as is or as are, from time to time, determined in accordance with the provisions of this Part. (2) The jury district for the Supreme Court, and for each circuit court, shall consist of such Assembly district or districts, or such part or parts of such Assembly district or districts, as the Governor determines and declares, and is hereby authorised to determine and declare by proclamation from time to time. (3) Where a circuit town is declared after the coming into operation of this Act pursuant to the power conferred by section 46 of the Supreme Court Act 1935, or any other Act for the time being in operation, the Governor may by the proclamation declaring the circuit town, or by subsequent proclamation, declare what Assembly district or districts or part or parts of an Assembly district or districts, shall constitute the jury district for the circuit court of the circuit town so proclaimed. (4) The jury district for the District Court sitting at Perth shall be the same as the jury district for the Supreme Court. (5) The jury district for the District Court sitting at a place other than Perth shall be the same as the jury district for a circuit court at that place. [Section 10 amended: No. 44 of 1973 s. 7; No. 64 of 1975 s. 4.] 11. Transitional provisions for alterations or abolition of Assembly districts (1) If an Assembly district part or the whole of which forms or is comprised in a jury district is altered or abolished pursuant to any law for the time being in operation; the jury district, as constituted immediately prior to the alteration or abolition of the Assembly district, shall nevertheless remain as so constituted until varied by proclamation under this Act, and any jurors' book in force immediately prior to the alteration or abolition of the Assembly district shall continue to be the jurors' book for the jury district until a new jurors' book is prepared under this Act. (2) If a jury district is altered or abolished by proclamation under section 12, (a) jurors for whom summonses have been issued before the day on which the proclamation takes effect to attend for any sittings, shall on being served attend in accordance with the summons; and (b) trials to be held at the sittings shall be held, or if commenced before that day, shall be continued; and (c) jurors for those trials shall be chosen, as if the proclamation had not taken effect. [Section 11 amended: No. 44 of 1973 s. 8; No. 1 of 2005 s. 9(2).] 12. Power to vary jury districts The Governor may from time to time by proclamation — (a) alter the area of any jury district as for the time being constituted; and (b) include in, or exclude from, the area, the whole or any part of an Assembly district; and (c) abolish a jury district and include the area of the jury district wholly or partly in any other jury district. Part IV — Jurors' books, boxes and tickets [Heading inserted: No. 13 of 2011 s. 11.] 13. Jury officers The jury officers for the respective jury districts are — (a) for the Supreme Court, and the District Court sitting at Perth, the sheriff; and (b) for the District Court sitting at a place other than Perth, and a circuit court at that place, the senior registrar of the District Court at that place. [Section 13 inserted: No. 44 of 1973 s. 9; amended: No. 53 of 1992 s. 9(4).] 14. Electoral Commissioner to prepare jury lists (1) On or about 1 March in each year the sheriff — (a) shall notify the Electoral Commissioner of the number of jurors that in his estimate will be required for jury service for each jury district; and (b) shall requisition from the Electoral Commissioner the number of copies of lists of jurors which he requires for each jury district. (2) Before 30 April in each year the Electoral Commissioner shall by ballot in accordance with the provisions of subsection (2a) select jurors to the number so notified to him by the sheriff for each jury district from all of the electors who — (a) are shown in the electoral rolls for the Assembly district or districts which, or parts of which, comprise the jury district; and (b) have not reached 75 years of age. (2a) The Electoral Commissioner shall select from each Assembly district or each part of an Assembly district which is comprised in a jury district a quota of the jurors required by the sheriff ascertained to the nearest whole number by — (a) multiplying the number of electors on the roll of such Assembly district or shown on the roll to be residing in such part, by the number of jurors required by the sheriff for the jury district; and (b) dividing the product obtained under paragraph (a) by the total number of electors in the jury district. (2b) The selection of jurors required by subsections (2) and (2a) may be made by computer. (3) The Electoral Commissioner shall prepare a separate list of persons so selected for each jury district, and shall ensure the sheriff is given each list before 30 April in each year. (3a) Notwithstanding anything in subsections (1) to (2a), where in relation to a particular jury district the sheriff considers that the number of persons in a jury district who are liable to serve as jurors would be too small for the purposes of applying the provisions of subsections (1) to (2a) for the purposes of selecting persons for service as jurors, the sheriff shall require the Electoral Commissioner instead of providing him with a copy of lists of names of persons in accordance with the provisions of subsections (1) to (2a) in relation to such a jury district, to provide him with a list of the names of all the persons who — (a) are shown in the electoral rolls for the Assembly district or districts which, or parts of which, comprise the jury district referred in the requisition to be living in the jury district; and (b) have not reached 75 years of age. (4) The lists so prepared by the Electoral Commissioner are the jury lists for the respective jury districts. [Section 14 amended: No. 35 of 1959 s. 2; No. 44 of 1973 s. 10; No. 6 of 1981 s. 7; No. 59 of 1984 s. 10; No. 13 of 2011 s. 12.] 15. Electoral Commissioner to prepare jury lists for new districts (1) On any place being newly appointed to be a court town the Electoral Commissioner shall on the request in writing of the Attorney General prepare forthwith a list for the jury district assigned to the town; and shall deal with the list in the same manner as is required by this Act in respect of the preparation of annual jury lists. [(2) deleted] [Section 15 amended: No. 6 of 1981 s. 8; No. 59 of 1984 s. 11.] 16A. Sheriff to prepare jurors' book for each district (1) Before 1 July in each year the sheriff, in accordance with this section, must cause to be prepared for each jury district a list of names of persons in the district called the jurors' book. (2) The jurors' book for a jury district must be compiled from the jury list prepared for the district under section 14. (3) If subsection (4)(d) or section 26(3)(d) or 32D(1AA)(d) or 34G(2)(d) applies to a person, the name of the person must be included in the jurors' book for the jury district in which the person does reside. (4) In preparing the jurors' book for a jury district, the sheriff must omit the name of any person whom the sheriff 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. (5) Each person's name in a jurors' book shall be numbered in a regular arithmetical series. (6) The persons whose names appear in the jurors' book for a jury district are, subject to this Act, the persons liable to serve on all juries empanelled for any trial within the jury district. (7) Subject to subsection (8) and any adjustment made under section 34E(3)(b) or 34G(3)(a)(iii), a jurors' book compiled in accordance with this Act for a jury district on or before 1 July in a year shall be used — (a) for the selection of the names of persons to be on panels of jurors or in jury pools, as the case requires, in the district from and including that 1 July until a new jurors' book is prepared for the district; and (b) notwithstanding any alteration in the boundaries of the jury district in that period. (8) The names of jurors summoned before 1 July in any year for any trial to be held on and after that 1 July shall be taken from the jurors' book in use under this Act at the date when those jurors were so summoned. (9) The jury officer for a district shall keep the jurors' book for the district for use whenever required. [Section 16A inserted: No. 13 of 2011 s. 13.] 16. Jurors' tickets to be placed in boxes (1) The sheriff shall provide for each jury district 2 suitable boxes of a type to be approved by the Attorney General for use for the purposes of this Act, marked with the name of the district and labelled respectively, "Jurors in Use" and "Jurors in Reserve". (2) The summoning officer shall cause to be printed or written upon separate tickets of as nearly as may be the same size and shape the name of the jury district and the several numbers contained in the jurors' book for the district, so that the tickets form a regular arithmetical series corresponding to the numbers in the jurors' book and shall then place the tickets in the box marked with the name of the jury district and labelled "Jurors in Use". (3) The summoning officer shall lock the box and keep the keys so that unless this Act provides otherwise, no other person shall have access to it. (4) If at any time any of the tickets are lost the summoning officer shall replace them within 2 days after discovery of the loss. 17. Duty of police Police officers shall render such assistance in the compilation of the jury lists and jurors' books and shall undertake such inquiries, and shall supply such information, as the sheriff, or the Electoral Commissioner or any jury officer, or summoning officer, requires, whether for the purpose of ascertaining the names of persons not eligible or qualified to serve as jurors, or for any other purpose of the administration of this Act. [Section 17 amended: No. 13 of 2011 s. 14.] Part V — Numbers of jury [Heading amended: No. 6 of 1981 s. 9.] 18. Number of jurors for a criminal trial (1) If a jury is required for a criminal trial, not less than 12 and not more than 18 jurors shall be chosen and returned from the jurors' book for the jury district in which the trial is to take place. (2) The actual number to be chosen and returned under subsection (1) shall be determined by a judge of the court in which the trial is to be held. (3) Immediately after determining the number of jurors to be chosen and returned, the judge shall give the sheriff notice of the number. (4) If, immediately before the jury is asked to retire to consider its verdict in a criminal trial, there are more than 12 jurors, a ballot shall be conducted to select 11 of the jurors to retire with the foreperson to consider the verdict. (5) The ballot referred to in subsection (4) shall be conducted by the proper officer by — (a) placing the cards with the identification numbers of the jurors other than the foreperson in a ballot‑box; and (b) agitating the box sufficiently to intermix the cards in the box; and (c) drawing 11 cards one after another out of the box and calling aloud the identification number on each card. (6) A juror not selected under subsection (4) shall be discharged from further service as a juror for that trial. [Section 18 inserted: No. 25 of 2003 s. 5(1); amended: No. 84 of 2004 s. 51.] 19. Number of jurors for a civil trial A jury for a civil trial shall, subject to this Act, consist of 6 persons who shall be chosen and returned, according to the provisions of this Act, from the jurors' book for the jury district in which the trial is to take place. Part VA — General jury precepts and panels [Heading inserted: No. 6 of 1981 s. 10.] 20. General jury precepts Subject to this Act, where jurors are required for any criminal or civil trial or trials in the Supreme Court, a circuit court, or the District Court, a general jury precept in the prescribed form shall be issued to the appropriate summoning officer referred to in section 21 or in section 25 requiring him to summon a sufficient number of jurors to attend on the trial or trials — (a) by a Supreme Court judge, in the case of a general jury precept returnable in the Supreme Court or a circuit court; or (b) by a District Court judge, in the case of a general jury precept returnable in the District Court, but where a sitting of the Supreme Court or a circuit court, and of the District Court coincide wholly or in part at the same place, a Supreme Court judge may issue a general jury precept for summoning jurors to attend both those sittings. [Section 20 inserted: No. 44 of 1973 s. 11; amended: No. 6 of 1981 s. 11.] 21. Summoning officer Subject to section 25 — (a) the sheriff is the summoning officer in respect of general jury precepts returnable in the Supreme Court or returnable in the District Court sitting at Perth; and (b) the senior registrar of the District Court sitting at a place other than Perth is the summoning officer in respect of general jury precepts returnable in that court or returnable in a circuit court at that place. [Section 21 inserted: No. 44 of 1973 s. 12; amended: No. 6 of 1981 s. 12; No. 53 of 1992 s. 9(4).] 22. Contents and issue of general jury precept A general jury precept — (a) shall specify the time when and the place where the attendance of the jurors is required; and (b) shall be issued and delivered to the summoning officer to whom it is directed 21 days at least before it is returnable. [Section 22 amended: No. 6 of 1981 s. 13.] 23. Number of jurors to be summoned Upon the receipt of a general jury precept in respect of a criminal trial the summoning officer, unless otherwise directed by the precept, shall summon not less than 20 nor more than 40 jurors. [Section 23 amended: No. 6 of 1981 s. 14.] 24. Oral precepts and amending or enlarging panel The Supreme Court and every judge thereof, and every circuit court and the judge thereof, have and may exercise such power and authority as they have prior to the coming into operation of this Act had and exercised, or as similar courts in England have, in making any award or order, orally or otherwise, for the return of a jury for the trial of any issue before any of those respective courts, or for the amending or enlarging of any panel hereinafter mentioned; and the return to any award or order so made shall be made in the accustomed manner heretofore used in such or similar courts respectively in England, but a person shall not be so returned as a juror unless he or she is eligible and qualified according to this Act to serve as a juror. [Section 24 amended: No. 44 of 1973 s. 13; No. 13 of 2011 s. 15.] 25. Power of appointment of alternative summoning officer where summoning officer has interest in trial (1) If it appears to a judge that a summoning officer to whom, but for this section, he would issue a general jury precept to summon jurors for the trial of any issue, has any direct or indirect interest in the result of the trial, other than an interest in his capacity as summoning officer or other than an interest in common with the public, he may issue the general jury precept to such other person as he thinks fit to appoint and is hereby authorised to appoint as summoning officer. (2) A person who is appointed as summoning officer, and to whom a general jury precept is issued, under subsection (1), has and may exercise the powers conferred, and shall carry out the duties imposed, on a summoning officer by this Act in respect of the general jury precept. [Section 25 amended: No. 44 of 1973 s. 14; No. 6 of 1981 s. 15; No. 19 of 2010 s. 51.] 26. Procedure for choosing jurors for criminal trials (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.] 27. Extra people to be summoned to make up for people not attending (1) If at any time before the panel for a criminal trial is returnable the summoning officer — (a) ascertains that a person on the panel to whom a summons was issued under section 26(5) cannot be served with the summons; or (b) under Part VC Division 2, excuses a person on the panel who has been served with a summons, the officer shall choose in rotation from the jurors whose names correspond with the numbers on the additional tickets drawn out under section 26(2)(d) such number of persons as is required to complete the panel and shall place their names on the panel in substitution for the names of the persons who have not been served or who have been excused, as the case may be. (2) A person whose name is so substituted shall be summoned accordingly and is bound to attend pursuant to the summons notwithstanding that the summons was not served on the person within the prescribed time. [Section 27 inserted: No. 13 of 2011 s. 17.] 28. Ticket of juror not attending to be returned to box (1) If a person to whom a summons is issued under section 26(5) cannot be served or does not attend when summoned, the summoning officer shall forthwith place the ticket bearing the number of that person in the box marked "Jurors in Reserve". (1a) If any ticket drawn from a box has not been used for the purpose of completing the panel the summoning officer shall forthwith return the ticket to the box from which it was drawn. (2) The residue of the tickets drawn shall be placed by the summoning officer into the box marked "Jurors in Reserve" there to remain until all of the tickets in the box marked "Jurors in Use" have been drawn out in which case the summoning officer shall transfer the tickets then in the box marked "Jurors in Reserve" to the box marked "Jurors in Use", or until the tickets are required to be used afresh in connection with a new jurors' book. [Section 28 amended: No. 44 of 1973 s. 16; No. 59 of 1984 s. 14; No. 13 of 2011 s. 18.] 29. Choosing of jurors for civil trials (1) Subject to section 29A, where an issue in a civil trial is to be tried or damages are to be assessed by a jury, the jury shall be chosen in the manner prescribed by this section. (2A) At a time and place which the summoning officer shall appoint for the striking of the jury, he shall in the presence of the parties and of their respective solicitors if they choose to attend and if not, then in their absence, cause the box marked "Jurors in Use" to be agitated, or to be rotated sufficiently to intermix the tickets in the box, and shall draw out of the box one after another as many tickets as are required. (2B) The numbers so required shall be ascertained by adding to 20 so many more as will enable each separate party to object to 6 names. (2C) Persons joining in claim, defence, or counter claim, shall be regarded as forming one party; and a person who is introduced under third party procedure and who disputes the plaintiffs claim shall be regarded as separate from the other parties, but if 2 or more persons so introduced join in defence they shall be regarded as collectively forming a separate party. (2D) The summoning officer upon drawing the tickets out of the box shall prepare a list of the names corresponding with the numbers set against the names in the jurors' book and shall hand a copy of such list to each party. (2E) Each separate party may object to 6 names on the list and shall object by making a note in writing of the names to which he objects and shall hand the note to the summoning officer. (2F) Where any party does not appear either in person or by his solicitor, the list of jurors may be reduced on his behalf by the summoning officer. (2G) The summoning officer without disclosing to any other party the names so objected to, shall strike out those names from the list, and out of the residue the summoning officer shall summon 6 jurors and no more, and shall not disclose to any of the parties the names of the persons summoned or to be summoned. (2H) If a juror so summoned cannot be served or is excused from the summons under Part VC Division 2, the summoning officer may if any names not objected to remain on the list, summon another juror whose name remains on the list to serve instead of the juror who cannot be served or who has been excused, and the juror so substituted shall be bound to attend pursuant to summons notwithstanding that the summons was not served on him within the prescribed time. (3) The summoning officer — (a) shall restore to the box marked "Jurors in Use" all of the tickets the numbers of which are set against the names of the jurors who have been objected to, and against the names of those who are not summoned; (b) shall place the residue of the tickets in the box marked "Jurors in Reserve" there to remain until all of the tickets in the box marked "Jurors in Use" have been drawn out in which case the summoning officer shall transfer the tickets then in the box marked "Jurors in Reserve" to the box marked "Jurors in Use", or until the tickets are required to be used afresh in connection with a new jurors' book. (4) On the day appointed for the trial the summoning officer shall deliver to the proper officer the list of jurors summoned and not excused and the proper officer shall call the jurors one by one from the list and the jurors so called on being duly sworn shall be the jury. [Section 29 amended: No. 44 of 1973 s. 17; No. 6 of 1981 s. 17; No. 59 of 1984 s. 15; No. 13 of 1988 s. 4; No. 19 of 2010 s. 51; No. 13 of 2011 s. 19.] 29A. Empanelling of jury for criminal and civil trials by computer (1) A summoning officer may instead of manual performance carry out by the use of a computer — (a) in respect of a criminal trial held at a place other than Perth, the procedures for and in relation to the choosing of a jury for a criminal trial referred to in sections 26(2) to (6), 27 and 28; and (b) the procedures for and in relation to the choosing of a jury for a civil trial referred to in section 29(2A), (2B), (2D), (2F), (2G), (2H) and (3). (2) Where a summoning officer exercises the power under subsection (1) in relation to the procedures referred to in — (a) section 26(2) or (3) or 29(2A) to (2H), the choosing of a jury shall be made at random from the names in the jurors' book for the jury district concerned; and (b) section 26(2) or (3), neither the attendance of a person specified in section 26(2) as a witness nor the reading aloud of names by the summoning officer as referred to in section 26(2) shall be required; and (c) section 29(2A), those procedures shall not be carried out in the presence of the parties or their solicitors but the summoning officer shall forthwith supply a list of the names of the jurors chosen to each party. [Section 29A inserted: No. 13 of 1988 s. 5; amended: No. 12 of 2000 s. 6; No. 25 of 2003 s. 7; No. 19 of 2010 s. 51; No. 13 of 2011 s. 20.] 30. Rights of parties in criminal trials to inspect list of summoned jurors Subject to any order made under section 43A, the summoning officer must ensure a copy of every panel or pool of jurors who have been summoned to attend for a criminal trial is available to be inspected by the parties to the trial from 8 a.m. on the day on which the trial is listed to begin. [Section 30 inserted: No. 13 of 2011 s. 21.] 31. Summoning of jurors Each juror whose name appears on any panel shall be summoned by the summoning officer by summons in or substantially in, the prescribed form which shall, except where this Act prescribes a shorter period, be served 5 clear days at least before his or her attendance is required, by the delivery of the summons to the juror in accordance with section 33. [Section 31 amended: No. 44 of 1973 s. 18; No. 6 of 1981 s. 19.] [32. Deleted: No. 13 of 2011 s. 22.] Part VB — Jury pools [Heading inserted: No. 6 of 1981 s. 20.] 32A. Trials for which jury pools may be summoned (1) Juries for criminal trials in the jury districts for the Supreme Court sitting at Perth and the District Court sitting at Perth may be selected from a jury pool summoned under this Part. (2) The Governor may, by order published in the Gazette, direct that juries for criminal trials in the Supreme Court, a circuit court or the District Court, in addition to those referred to in subsection (1), may be selected from a jury pool summoned under this Part. (3) An order made under subsection (2) shall specify the jury district or districts to which it applies. (4) The Governor may from time to time revoke or vary in whole or in part an order made under subsection (2). (5) Notwithstanding that pursuant to subsection (1) or an order made under subsection (2) a jury for a trial may be selected from a jury pool in accordance with this Part, jurors for that trial may be chosen and summoned under Part VA and in that event the summoning officer shall cause the names of the persons so summoned to be noted in the jurors' book in the same manner as if those persons were summoned under this Part. [Section 32A inserted: No. 6 of 1981 s. 20.] 32B. Summoning officer for jury pools Subject to an appropriate order having been made under section 32A in respect of the relevant jury district — (a) the sheriff is the summoning officer in respect of jury pools required for trials by the Supreme Court or the District Court sitting at Perth; and (b) the senior registrar of the District Court sitting at a place other than Perth is the summoning officer in respect of jury pools required for trials to be held at that place. [Section 32B inserted: No. 6 of 1981 s. 20; amended: No. 53 of 1992 s. 9(4).] 32C. Selection of jury pool (1) If a jury pool is required in a jury district for trials to which the pool relates, the summoning officer shall, from time to time as occasion requires — (a) select any person who, under section 34H(5)(b) or (6), is required for the pool; and (b) select at random from the jurors' book for the jury district additional persons so that, including any name included under paragraph (a), the number of persons selected will, in the officer's estimation, ensure the attendance of sufficient persons at the jury pool. (2) A selection under subsection (1) may be made by ballot manually or by computer. (3) An officer of a court in which trials to which a jury pool relates are held shall, upon request by a summoning officer, furnish to him such particulars as he requires relating to trials to be held in that court for the purposes of determining the number of persons required to be summoned to attend at the jury pool. [Section 32C inserted: No. 6 of 1981 s. 20; amended: No. 59 of 1984 s. 17; No. 13 of 2011 s. 23.] 32D. Summoning officer to issue summons (1) The summoning officer shall issue to each person selected for the purposes of section 32C a summons in the prescribed form requiring the person to attend at a place specified for the assembly of the jurors in the jury pool and at the time specified in the summons until discharged pursuant to section 32I. (1AA) If the summoning officer is satisfied a person whose name is selected for the purposes of section 32C — (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 not issue the person a summons, despite subsection (1). (1a) The summoning officer shall ensure that each person to whom a summons is issued is allocated a unique identification number. (1b) The allocation of an identification number may be done by computer. (2) A summons issued under subsection (1) shall be served on the person to whom it is issued at least 5 days before the time specified therein for his attendance at the jury pool unless a judge of the court in which trials to which the jury pool relates are held otherwise orders in which case the person to whom the summons is issued shall be bound to attend notwithstanding that the summons was not served on him within the time specified by this subsection. [Section 32D inserted: No. 6 of 1981 s. 20; amended: No. 25 of 2003 s. 9; No. 13 of 2011 s. 24.] 32E. Summoning officer may withdraw summons (1) Where it appears to the summoning officer after the issue of summonses to the persons selected to attend at a jury pool and before the attendance of such persons that the number of persons so selected is greater than the number that will be required, the summoning officer may reduce the number of persons required to attend at the jury pool. (2) A reduction under subsection (1) shall be performed by ballot manually or by computer. (3) A person who is excluded under this section from the number of persons required to attend at the jury pool shall be informed accordingly by the summoning officer and informed that the summons is withdrawn and his name shall forthwith be restored to the jurors' book. [Section 32E inserted: No. 6 of 1981 s. 20; amended: No. 13 of 2011 s. 25.] 32F. Summoning officer to provide details to jury pool supervisor (1) The summoning officer shall furnish to the jury pool supervisor of a jury pool to which persons have been summoned under section 32D at the time and place at which the persons are required to assemble — (a) a list of the names and identification numbers of the persons so summoned, being persons who are liable to serve as jurors and who have not been excused from the summons under Part VC Division 2; and (b) the identification numbers of the persons on the list on separate cards each card being as nearly as possible of equal size. (2) The jury pool supervisor shall place the cards furnished to him under subsection (1) in a box to be kept at the jury assembly room. (3) The procedure set out in subsection (1) may, to the extent that it can be performed by computer instead of by manual performance, be performed by computer. [Section 32F inserted: No. 6 of 1981 s. 20; amended: No. 59 of 1984 s. 18; No. 34 of 1997 s. 4; No. 25 of 2003 s. 10; No. 13 of 2011 s. 26.] 32FA. Jury pool supervisor to give identification number and explain certain matters to persons answering summons (1a) Before calling the roll of persons summoned to form a jury pool, the jury pool supervisor shall give each person who appears in response to a summons his or her identification number on a card. (1b) The jury pool supervisor shall call the roll of persons summoned to form a jury pool by calling their identification numbers. (1) Immediately after calling the roll of persons summoned to form a jury pool the jury pool supervisor shall explain or cause to be explained to the persons who have appeared in answer to the summons their obligation to disclose to him or to the court the existence of any of the matters listed in Schedule 2. (2) The procedure set out in subsection (1) may, to the extent that it can be performed by computer instead of by manual performance, be performed by computer. [Section 32FA inserted: No. 59 of 1984 s. 19; amended: No. 34 of 1997 s. 5; No. 25 of 2003 s. 11; No. 13 of 2011 s. 27.] 32G. Pool precept (1) Where a jury is required at any trial to which a jury pool relates, the presiding judge or a person appointed by him for that purpose may issue a pool precept directed to the jury pool supervisor for that jury pool requiring him to allocate jurors from the jury pool for that trial. (2) A pool precept shall — (a) be in the prescribed form; and (b) specify the time and the court at which the attendance of the jurors is required; and (c) subject to subsection (3), specify the number of jurors required to be allocated from the jury pool. (3) Unless the judge or other person issuing a pool precept otherwise orders in particular circumstances, the number of jurors to be specified in a pool precept is 20 plus the total number of peremptory challenges available to the accused person or persons and to the prosecutor in the trial. [Section 32G inserted: No. 6 of 1981 s. 20; amended: No. 13 of 2011 s. 6.] 32H. Selection of jurors from jury pool (1) Where a pool precept is delivered to a jury pool supervisor, he shall select by ballot from the box referred to in section 32F(2) the number of jurors specified in the pool precept. (2) At the time and court specified in the pool precept for the attendance of the jurors, the jury pool supervisor, or an officer on his behalf, shall return the pool precept and annex to it a list of the names of the persons and their identification numbers selected by the jury pool supervisor in pursuance of the pool precept. (3) The jury pool supervisor shall also furnish with a pool precept furnished under subsection (2) the cards on which are the identification numbers of the persons selected in pursuance of the pool precept. (4) The jury pool supervisor, or an officer on his or her behalf, shall also direct the persons selected in pursuance of the pool precept to attend at the court, and at the time, specified in the precept. (5) If a person selected in pursuance of a pool precept is excused under Part VC Division 2 and the court so directs, the jury pool supervisor shall select a replacement person in accordance with subsection (1), include the person's name and identification number on the list referred to in subsection (2) and furnish a card on which is the person's identification number to the court. (6) A person selected in pursuance of a pool precept who is not sworn as a member of the jury for which the precept was issued or who served on that jury shall, unless discharged from attending at the jury pool, return to the jury assembly room and the proper officer shall return the card relating to every such person to the jury pool supervisor. (7) The procedures set out in subsections (1), (2), (3) and (5) may, to the extent that they can be performed by computer instead of by manual performance, be performed by computer. [Section 32H inserted: No. 6 of 1981 s. 20; amended: No. 34 of 1997 s. 6; No. 25 of 2003 s. 12; No. 13 of 2011 s. 28 and 41.] 32I. Period of attendance at jury pool and discharge (1) Subject to this section, a person summoned to attend at a jury pool shall attend for such period, not exceeding 5 consecutive court sitting days, as the summoning officer determines in respect of that jury pool. (2) A person who is sworn as a member of a jury shall be required to attend at the court until discharged notwithstanding that he has attended at the jury pool for a longer period than 5 consecutive court sitting days. (3) The summoning officer may discharge any person from attending at a jury pool for the whole or any part of the period determined under subsection (1) if it appears to the summoning officer that the number of jurors in the jury pool exceeds the number required for trials to which the pool relates and persons to be discharged under this subsection shall be selected by ballot. [Section 32I inserted: No. 6 of 1981 s. 20.] Part VC — Serving summonses and excusing people [Heading inserted: No. 13 of 2011 s. 29.] Division 1 — Serving summonses [Heading inserted: No. 13 of 2011 s. 29.] 33. Service of summons (1) A summons or notice required or authorised by or under this Act to be sent, served or given to any person by a summoning officer shall be deemed to have been duly sent, served or given — (a) if delivered personally to that person, or if left — (i) at the address appearing in the jurors' book in respect of that person; or (ii) if it is in the same jury district as that address, at an address recorded by the Electoral Commissioner in respect of that person; or (b) if sent by prepaid post addressed to that person at an address referred to in paragraph (a). (2) Service of a summons or notice in accordance with subsection (1)(a) shall be effected by a police officer or a sheriff's officer who shall prepare and complete, in the manner required by subsection (3), a list (referred to in this section as a summons and notice list) in the prescribed form. (3) The officer who serves the summons or notice — (a) shall insert in the respective columns of the summons and notice list the particulars indicated by the heading to each of those columns; and (b) shall certify the summons and notice list in, or substantially in, the manner indicated in that form and shall sign and date the certificate; and (c) shall then send or deliver the certified summons and notice list, together with any summonses or notices that he has not been able to serve, to the summoning officer. (4) Production of a summons and notice list so certified, signed and dated, is prima facie evidence of the service of the summonses or notices stated to have been served, and of the other facts stated, in the summons and notice list. (5) Service of a summons or notice in accordance with subsection (1)(b) shall be prima facie deemed to have been effected at the time when it would be delivered in the ordinary course of post. [Section 33 inserted: No. 6 of 1981 s. 22; amended: No. 12 of 2000 s. 7; No. 13 of 2011 s. 30.] 33A. Information to be given to summoned people The summoning officer must ensure that every summons issued under this Act to a person requiring attendance as a juror has in it or with it a notice informing the person of the following — (a) the manner in which a claim that he or she is not eligible or not qualified to serve as a juror may be made; (b) the grounds on which and the procedure by which he or she may apply to be excused from serving as a juror; (c) the matters in Schedule 2 that he or she is obliged to disclose to the summoning officer or the court. [Section 33A inserted: No. 13 of 2011 s. 31.] 34. Duty of secrecy in summoning jurors (1) Except for the purpose of carrying the provisions of this Act into effect, or in answer to any questions which he is lawfully compellable to answer, a police officer or sheriff's officer who, having been entrusted with the serving of a summons to a juror, communicates or makes known, whether directly or indirectly, to any person any information or matter relating to jurors which has come to his knowledge in carrying out his duties in relation to the service of summonses to jurors commits an offence. Penalty: $60 000 or imprisonment for 3 years, or both. (2) If a summoning officer, or any of his assistants, or any officer or justice of the peace taking part in, or present at the choosing of a jury panel or a jury pool, including any person concerned in the operation of or having access to a computer used for the purpose, reveals the names of persons on the panel or the jury pool, or any of them to any person, except for the purpose of carrying this Act into effect, or in answer to a question which he is lawfully compellable to answer, he commits an offence. Penalty: $60 000 or imprisonment for 3 years, or both. [Section 34 amended: No. 113 of 1965 s. 8(1); No. 44 of 1973 s. 20; No. 6 of 1981 s. 23; No. 25 of 2003 s. 13.] [34A. Deleted: No. 13 of 2011 s. 32.] 34B. Summoning officer to give identification number and explain certain matters to persons answering summons (1) Before calling the roll of persons summoned by a general jury precept the summoning officer shall give each person who appears in response to a summons his or her identification number on a card. (2) The summoning officer shall call the roll of persons who have appeared in answer to the summons by calling their identification numbers. (3) Immediately after calling the roll of persons summoned by a general jury precept the summoning officer shall explain or cause to be explained to the persons who have appeared in answer to the summons their obligation to disclose to him or to the court the matters in Schedule 2. [Section 34B inserted: No. 59 of 1984 s. 22; amended: No. 25 of 2003 s. 14; No. 13 of 2011 s. 33.] Division 2 — Excusing people [Heading inserted: No. 13 of 2011 s. 34.] 34C. Term used: summoned In this Division — summoned means summoned under Part VA or VB. [Section 34C inserted: No. 13 of 2011 s. 34.] 34D. Division does not affect rights to challenge for cause This Division does not affect the operation of the Criminal Procedure Act 2004 section 104(5). [Section 34D inserted: No. 13 of 2011 s. 34.] 34E. Certificates permanently excusing people (1) If the sheriff is satisfied that a person is permanently incapable of serving effectively as a juror because of a physical disability or mental impairment, the sheriff may issue a certificate to the person stating that the person is permanently excused from serving as a juror. (2) For the purposes of subsection (1) the sheriff may require a person to provide information in a statutory declaration. (3) On issuing a certificate to a person under subsection (1), the sheriff must — (a) notify the Electoral Commissioner of that fact; and (b) cause the person's name to be removed from the jurors' book and omitted from any future jurors' book. (4) If the Electoral Commissioner is notified under subsection (3), he or she must ensure the name of the person concerned is not on any jury list prepared under section 14. (5) The sheriff, for good reason, may cancel a certificate issued under subsection (1). (6) If a person's certificate is cancelled under subsection (5), then, subject to sections 14 and 16A, the person's name may be included in a jury list or juror's book. [Section 34E inserted: No. 13 of 2011 s. 34.] 34F. Summoned people may apply to be excused (1) A person who is summoned may apply to be excused from the summons under section 34G, 34H, 34I or 34J or under more than one of those sections. (2) An application to be excused under section 34G, 34H, 34I or 34J must be made to the summoning officer. (3) The summoning officer may refer the application to a judge to decide. (4) If the summoning officer refuses an application to be excused under section 34G, 34H, 34I or 34J, the applicant may renew the application before a judge. (5) The summoning officer or judge may require an applicant to provide evidence on oath or in a statutory declaration to substantiate the grounds on which the person seeks to be excused. [Section 34F inserted: No. 13 of 2011 s. 34.] 34G. General powers to excuse summoned people (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.] 34H. Deferring jury duty for summoned people or excusing them for good reason (1) A judge or summoning officer cannot excuse a person under this section except on an application made by the person under section 34F. (2) For the purposes of this section a person who is summoned has a good reason to be excused from the summons if, because of any of the following — (a) the nature of the person's business or occupation; (b) a special or pressing commitment that the person has; (c) mental impairment affecting the person; (d) a physical disability that the person has; (e) the person's state of physical health; (f) other circumstances personal to the person, attendance in accordance wi