Jury Act 1977

This Act may be cited as the Jury Act 1977.

This section and section 1 shall commence on the date of assent to this Act.

Except as provided in subsection (1) and Schedule 8, this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

civil proceedings means proceedings—

in the Supreme Court on a claim for relief within the meaning of the Supreme Court Act 1970, or

in the District Court in its civil jurisdiction.

coronial inquest means an inquest or inquiry held before a coroner and a jury pursuant to section 48 of the Coroners Act 2009.

criminal proceedings means proceedings—

for the prosecution of offenders on indictment, or

under section 23 or 26 of the Mental Health Act 1958.

electoral district has the same meaning as it has in the Electoral Act 2017.

identification number of a person means the identification number allocated to the person under section 29.

indictment includes any information presented or filed as provided by law for the prosecution of offenders.

jury roll, in relation to any jury district, means the jury roll certified as in force for the time being for that district under section 16.

regulation means a regulation made under this Act.

summons means a summons issued under section 26.

supplementary jury roll for a district has the meaning given in section 12 (4).

trial means a trial by or with a jury in any criminal or civil proceedings.

verdict includes an assessment in civil proceedings.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

A reference in this Act to the deletion of a person from a supplementary jury roll or a jury roll is a reference to the deletion of the name of, and other particulars relating to, the person from that roll.

A reference in this Act to an electoral district includes a reference to a part of an electoral district.

Notes included in this Act do not form part of this Act.

Nothing in this Act applies to or with respect to a jury for an inquest concerning a death or suspected death caused or suspected by the coroner of having been caused by an explosion or accident in or about a mine situated wholly or partly in the Broken Hill Jury District.

Subject to this Act, every person who is enrolled as an elector for the Legislative Assembly of New South Wales is qualified and liable to serve as a juror.

A person is not qualified or liable to serve as a juror during any period that the person is excluded from jury service by Schedule 1.

A person referred to in Schedule 2 is entitled as of right to be exempted from serving as a juror if that person claims exemption in accordance with this Act.

Note.

Section 14 deals with the making of claims for exemptions under Schedule 2 and provides for the granting of other exemptions from jury service.

The regulations may amend Schedule 1 or 2 by adding any matter to, deleting any matter from or altering any matter in the Schedule.

There shall be a jury district for each place appointed for sittings of the Supreme Court or the District Court for the trial of any criminal or civil proceedings.

A jury district is to comprise such electoral districts or parts of electoral districts as may be determined and notified by the sheriff from time to time in accordance with the regulations.

The regulations may make provision for or with respect to the determination and notification of jury districts.

The sheriff must maintain a jury roll for each jury district in accordance with this Part.

The Electoral Commissioner shall, upon request made by the sheriff, deliver to the sheriff the latest available copies of the rolls of electors for such electoral districts as the sheriff may require for the purpose of preparing jury rolls.

Such a request is to be made at least once every 15 months for each jury district.