Jury Act 1995

This Act may be cited as the Jury Act 1995.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 3 defines particular words used in this Act.

A person is qualified to serve as a juror at a trial within a jury district (qualified for jury service) if—

the person is enrolled as an elector; and

the person’s address as shown on the electoral roll is within the jury district; and

the person is eligible for jury service.

A person who is enrolled as an elector is eligible for jury service unless the person is mentioned in subsection (3).

The following persons are not eligible for jury service—

the Governor;

a member of Parliament;

a local government mayor or other councillor;

a person who is or has been a judge or magistrate (in the State or elsewhere);

a person who is or has been a presiding member of the Land and Resources Tribunal;

a lawyer actually engaged in legal work;

a person who is or has been a police officer (in the State or elsewhere);

a detention centre employee;

a corrective services officer;

a person who is 70 years or more, if the person has not elected to be eligible for jury service under subsection (4);

a person who is not able to read or write the English language;

a person who has a physical or mental disability that makes the person incapable of effectively performing the functions of a juror;

a person who has been convicted of an indictable offence, whether on indictment or in a summary proceeding;

a person who has been sentenced (in the State or elsewhere) to imprisonment.

A person who is 70 years or more may elect to be eligible for jury service in the way prescribed under a regulation.

A person who is qualified for jury service is liable to perform jury service unless the person is excused from jury service by a judge or the sheriff.

Editor’s note—

For power to excuse from jury service, see sections 19 to 23.

The fact that a person who is not qualified for jury service serves on a jury is not a ground for questioning the verdict.

A jury district may be established or abolished under a regulation.

The boundaries of a jury district are as defined under a regulation.

Responsibility for carrying out the sheriff of Queensland’s functions under this Act for a particular jury district may be assigned under a regulation to—

a deputy sheriff; or

another officer or person specified under a regulation.

Editor’s note—

The deputy sheriffs are appointed under the Supreme Court of Queensland Act 1991.

However, despite an assignment of responsibility under this section, the sheriff of Queensland—

remains responsible for keeping jury rolls and preparing lists of prospective jurors for all jury districts; and

may, by agreement with the person to whom responsibility for a particular jury district has been assigned, issue notices and summonses to prospective jurors for the jury district.

Editor’s note—

See sections 18 (Notice to prospective jurors) and 27 (Summons for jury service).

The sheriff of Queensland must keep a jury roll for each jury district.

A jury roll may be kept in any way, including, for example, by computer.

The jury roll for a particular jury district must consist of a list of the names, addresses and occupations of electors whose addresses, as recorded in an electoral roll, are within the jury district.

However, the sheriff of Queensland must exclude from the jury roll the names of persons who are, to the sheriff’s knowledge, not qualified for jury service.

The sheriff of Queensland may make reasonable inquiries to find out which persons enrolled as electors for addresses in a particular jury district should be excluded from the jury roll.

If asked by the sheriff of Queensland, the electoral commission must—

give the sheriff information reasonably required for keeping a jury roll; and

allow the sheriff access to any information the commission has relevant to the keeping of jury rolls.

For keeping a jury roll, the sheriff or the electoral commission may arrange with the commissioner of the police service for the police service to—

make inquiries reasonably required for keeping a jury roll; or

give other reasonable help relevant to keeping a jury roll.

The sheriff or the electoral commission must give a police officer helping under the arrangement any information the sheriff or commission has that may help the officer conduct the inquiries.

Subsection (1) does not limit the help the sheriff or the electoral commission may require.

The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure of information for inquiries, or to the sheriff or the electoral commission, under this section.