Juries Act 1967

This Act is the Juries Act 1967.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 42BA (Improper inquiry by juror about matters relevant to trial).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Number of jurors

At a criminal trial, a jury must consist of 12 jurors.

If the judge is satisfied that, because of illness or other sufficient cause, a juror should not continue to act as a juror, the judge may order that the juror be excused from further attendance during the trial and during any further period that the judge specifies in the order.

Where, because of the death of a juror or of a juror being excused under subsection (1), the number of jurors is reduced to not less than 10, the trial shall, if the judge so orders and notwithstanding section 7, continue with the reduced number of jurors, and the verdict of those jurors shall be a sufficient verdict.

If, at a criminal trial—

the number of jurors is reduced to 11 or 10 and the judge does not make an order under subsection (2); or

the number of jurors is reduced to less than 10;

the judge shall discharge the remaining jurors and shall adjourn the trial to a date fixed by the judge or to be fixed as the judge orders.

Part 3 Liability for jury service

Each person whose name is on the roll of electors of the ACT is, unless he or she is a disqualified person or is exempt from serving as a juror, liable to serve as a juror.

A regulation may prescribe a person who—

is disqualified from serving as a juror; or

is exempt from serving as a juror; or

may claim an exemption from serving as a juror.

A person whose name is on the jury list is not excused from attendance in accordance with a jury summons because of his or her not being liable to serve, his or her not being qualified to serve, or his or her being exempted from serving, as a juror unless the sheriff was, after the issue of the jury summons, informed accordingly and has excused the person from attendance.

This section applies if a judge or the sheriff is satisfied that a person summoned or appointed to attend to serve as a juror has shown sufficient reason to be excused from attendance.

Examples—sufficient reason

1 pregnancy

2 illness

3 the person has care of children or of aged or ill people

The judge or the sheriff may, at any time after service of the summons or the appointment, excuse the person from attendance or further attendance on the Supreme Court during the period that the judge or sheriff states.

This section applies if a judge or the sheriff is satisfied that 2 or more people who have been summoned or appointed to attend as jurors on the same day are employed in the same establishment or are partners in the same partnership.

The judge or the sheriff may excuse 1 or more of them from attending as jurors on that day if satisfied that attendance would substantially inconvenience or adversely impact the establishment or partnership.

This section applies if a judge is satisfied that a person summoned or appointed to attend to serve as a juror, and who has not claimed an exemption or otherwise been excused from attendance, may be unable to properly discharge the duties of a juror, because the person—

has an insufficient understanding of the English language; or

is suffering from a mental or physical disability.

The judge—

must consider if support that would enable the person to properly discharge the duties of a juror can reasonably be given; and

if satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, must make a direction that the support be given.

Examples—support

1 an interpreter, including an Auslan interpreter

2 an assistance animal, disability aid or support person

To determine if support can reasonably be given, the judge may consider the following:

whether the support would impose a disproportionate or undue burden on court resources, facilities and time frames;

if the support would require a non-juror being present during jury deliberations, whether the non-juror’s presence would inhibit or restrict discussion, or unduly pressure or influence any juror;

any other issue the judge considers relevant.

If the judge makes a direction allowing an interpreter or support person to assist the person to properly discharge the duties of a juror—

the common law rule against having a non-juror in the jury room is not a relevant consideration; and

a direction to allow a non-juror to be present during jury deliberations is solely for assisting the person to properly discharge the duties of a juror; and

the direction is subject to the interpreter or support person agreeing to make an oath or affirmation in accordance with schedule 1, part 1.1A or part 1.1B.

If the judge is not satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, the judge may discharge that person from further attendance on the Supreme Court under that summons or appointment.