Juries Act 1962 (NT)
NORTHERN TERRITORY OF AUSTRALIA
JURIES ACT 1962
As in force at 21 April 2023
northern territory of australia
As in force at 21 April 2023
JURIES act 1962
An Act relating to juries
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Attorney-General by notice in the
(1) The Acts of the State of South Australia specified in Part I of Schedule 1 are, in their application in the Northern Territory, repealed to the extent expressed in the third column of that Part.
(2) The Ordinances specified in Part II of Schedule 1 are repealed.
(1) In this Act, unless the contrary intention appears:
capital offence means an offence the penalty for which under a law in force in the Territory is prescribed to be life imprisonment, with or without hard labour, and in respect of which the court imposing the sentence may not vary or mitigate the sentence and includes murder.Chief Justice means Chief Justice within the meaning of theSupreme Court Act 1979 .Judge means a Supreme Court Judge.jury list means the jury list for Darwin or the jury list for Alice Springs.jury precept means a precept issued under section 24.panel of jurors means a list of names prepared in pursuance of section 32(1).reserve juror , in respect of a criminal trial, means a person chosen and returned under section 37A(1) as a reserve juror in respect of that trial.roll means a roll within the meaning of theElectoral Act 2004 .talesman means a person appointed to serve as a juror under section 37(2A) or 39(2).the Court means the Supreme Court.the proper officer , in relation to the exercise of a power or the performance of a duty under this Act, means an officer of the Court appointed by a Judge as the proper officer for that purpose.the Sheriff means the Sheriff of the Northern Territory.
Where, under a law in force in the Northern Territory, an offence prosecuted in the Court is required to be tried with a jury, the jury shall consist of 12 jurors who shall be chosen and returned in accordance with this Act.
Civil proceedings for defamation must be tried by the Court without a jury.
(1A) This section does not apply in relation to civil proceedings for defamation.
(1) The trial of a civil issue or a question of fact in a civil issue shall be by the Court without a jury unless the Court orders otherwise in accordance with this section.
(2) A party to a civil issue may make application to the Court for an order that the issue or a question of fact in the issue be tried by the Court with a jury.
(3) Whether or not such an application has been made, the Court may, if it appears just, order that a civil issue or a question of fact in a civil issue be tried by the Court with a jury.
(4) Where the Court so orders, the jury shall consist of 4 jurors chosen and returned in accordance with this Act.
(1) Where the Court makes an order under section 7(3), on the application of a party to a civil issue, that party shall pay to the sheriff the prescribed fee.
(2) The regulations may prescribe amounts to be paid in respect of the prescribed fee:
(a) before the trial commences on the first day of the trial; and
(b) before the trial resumes on each subsequent day of the trial.
(3) If an amount so prescribed is not paid before the trial commences or resumes on any day (as the case requires), the Court may, if it thinks fit, allow further time not exceeding one hour after the commencement or resumption of the trial within which the amount may be paid by any party to the trial.
(4) If the amount is not paid before the trial commences or resumes on any day (as the case requires) or, if the Court allows further time, within the further time so allowed, the Court shall, if a jury has been empanelled, discharge the jury and the trial shall proceed without a jury, notwithstanding that the trial may have commenced with a jury.
(5) The Court may order that the amount of the prescribed fee paid by any party to a trial shall be costs in the cause.
(1) Subject to section 10, a person whose name is on the roll is qualified to serve as a juror.
(2) A person who is qualified to serve as a juror and who is not exempt under section 11 is liable to serve as a juror.
(1) For the purposes of this section, a person who has been sentenced to a term of imprisonment has not completed the sentence:
(a) if he has been released from the custody of the Commissioner of Correctional Services on parole – until the expiration of the period of parole; or
(b) if the sentence has been wholly or partly remitted under section 432 of the Criminal Code, section 8A of the
Criminal Law (Conditional Release of Offenders) Act 1971 or section 114 of theSentencing Act 1995 subject to conditions – until the conditions have been satisfied and no longer apply in relation to him; or(c) if that sentence has been suspended:
(i) subject to conditions – until the conditions have been satisfied and no longer apply in relation to him; or
(ii) unconditionally – until the expiration of the period during which the sentence remains suspended.
(2) For the purposes of this section, a person shall be deemed never to have been under sentence of imprisonment for an offence if he has been granted a free pardon in respect of the offence.
(2A) If a charge or conviction is expunged under the
Expungement of Historical Homosexual Offence Records Act 2018 :(a) the person is to be treated under this Act as if the person had never committed or been charged with, prosecuted for, convicted of or sentenced for the offence; and
(b) the expunged charge or conviction is not a ground for ineligibility to be a juror.
(3) A person who:
(a) has been sentenced to a term of imprisonment (whether within the Territory, in a State or another Territory or in a prescribed country) for an offence other than a capital offence and:
(i) has not completed the sentence; or
(ii) a period of less than 7 years has elapsed since he completed the sentence;
(b) has been sentenced to a term of imprisonment (whether within the Territory, in a State or another Territory or in a prescribed country) for a capital offence;
(c) is a person in respect of whom a guardianship order under the
Guardianship of Adults Act 2016 is in force;(d) is of unsound mind or is:
(i) in a hospital or an approved treatment facility; or
(ii) undergoing treatment,
under the
Mental Health and Related Services Act 1998 ; or(e) is a represented adult, as defined in section 3 of the
Guardianship of Adults Act 2016 ;
is not qualified to serve as a juror.
(1) A person specified in Schedule 7 is exempt from serving as a juror.
(2) A person who is over the age of 70 may exempt himself or herself from serving as a juror on a permanent basis by giving written notice to the Sheriff.
(3) The name of a person exempt from serving as a juror under subsection (1) or (2) must not be included on a jury list.
Except as a talesman:
(a) a person who does not reside within the jury district for Darwin is not qualified to serve as a juror at Darwin; and
(b) a person who does not reside within the jury district for Alice Springs is not qualified to serve as a juror at Alice Springs.
The verdict of a jury shall not be impeached on the ground that a juror was not qualified to serve, or was exempt from serving, as a juror unless the lack of qualification or the exemption was submitted before the juror took the oath under section 58.
A person whose name is on the jury list is not excused from attendance in accordance with a jury summons by reason of:
(a) not being qualified to serve; or
(b) being exempt from serving,
as a juror, unless the Sheriff was informed accordingly and has excused the person from attending.
If a Judge or an Associate Judge:
(a) is satisfied that a person summoned to attend as a juror, or a person appointed as a talesman, ought for sufficient cause be excused from attendance; or
(b) has doubt as to the person’s qualifications to serve as a juror or be appointed as a talesman or whether the person is exempt from serving as a juror,
the Judge or Associate Judge may excuse the person from attendance or further attendance on the Court during a period specified by the Judge or Associate Judge.
(1) Where a person is excused under section 15 from attendance or further attendance on the Court, the Judge or the Associate Judge may, as a condition of excusing that person, order that the name of the person be included amongst the names of jurors to be summoned for jury service at some subsequent time specified in the order.
(2) Where a Judge or an Associate Judge makes an order under subsection (1), the Judge or Associate Judge shall notify the Sheriff of the making of the order and the Sheriff shall cause the person the subject of that order to be summoned, in accordance with that order, as a juror.
Where the Sheriff is satisfied that a person has been summoned to attend as a juror not later than 3 years after the date on which he previously served as a juror, the Sheriff may, upon application made by or on behalf of the person, excuse that person from attendance in compliance with the summons.
For the purposes of this Act, there shall be:
(a) a jury district for Darwin; and
(b) a jury district for Alice Springs.
The jury district of Darwin and the jury district of Alice Springs shall comprise such areas of land as are respectively prescribed.
(1) The Sheriff shall, not later than 30 November in each year, make out a jury list for each of the jury districts of Darwin and Alice Springs.
(2) The Jury lists for Darwin and Alice Springs shall contain, in alphabetical order, the names of persons qualified to serve, and not exempt from serving, as jurors who reside within the respective jury districts.
(4) A jury list shall show the address and occupation of each person whose name appears on the list and the names appearing on the list shall be prefixed by numbers in regular arithmetical series.
(5) Each jury list made out under subsection (1) shall come into operation on 1 January next after it is made out and shall, notwithstanding that the boundaries of the prescribed areas constituting a jury district may have changed after it was made out, remain valid for all purposes for a period of 12 months expiring with 31 December next following.
In this Part, unless the contrary intention appears,
From time to time, and as often as occasion demands, the Chief Justice shall issue, under his hand and seal, a precept directed to the Sheriff requiring him to summon jurors before the Court at Darwin or Alice Springs, as the case requires.
A jury precept shall be in accordance with the form in Schedule 3 and shall specify the number of jurors required and the time when and the place where the attendance of the jurors is required, and shall be issued and delivered to the Sheriff at least 14 clear days before the time so specified.
If it appears to the Chief Justice that the Sheriff is a party to, or interested in, a matter to be tried before a jury, he may direct a jury precept to such other person as he thinks fit.
When a jury precept is delivered to the Sheriff, the Sheriff shall choose the persons to be summoned from those whose names appear in the jury list for Darwin or the jury list for Alice Springs in accordance with random selection by computer in the prescribed manner.
(1) A Deputy Sheriff shall not exercise any power under this section unless the Deputy Sheriff has been expressly authorized in writing by a Judge or an Associate Judge to exercise that power.
(2) The Sheriff and each Deputy Sheriff shall, in the exercise of any power under this section, comply with such directions as are given from time to time by the Chief Justice.
(3) The Sheriff and a Deputy Sheriff may, at any time before the juror’s name is called in accordance with section 37 or 39, question any juror chosen under section 27 to ascertain whether that juror is able to read, write and speak the English language.
(4) If the Sheriff or Deputy Sheriff is not satisfied that a juror referred to in subsection (3) is able to read, write and speak the English language, the Sheriff or Deputy Sheriff must report the fact to a Judge or an Associate Judge.
The Sheriff shall cause to be served upon each juror chosen in pursuance of section 27 a summons in a form approved by the Sheriff.
A summons to a juror shall be served on the juror:
(a) by delivering it to him personally as soon as practicable and not less than 7 clear days before the time specified in the summons for his attendance; or
(b) by forwarding the summons by ordinary prepaid post to his address, as it appears on the annual jury list, so that the summons would, in the ordinary course of post, be delivered to that address not less than 7 clear days before the time specified in the summons for his attendance.
(1) The Sheriff shall, before the time when a jury precept is required to be returned into the Court, prepare a list showing the names, in alphabetical order, and the descriptions, of the persons summoned in pursuance of the jury precept.
(2) Where a single criminal trial is to commence in a jury district on a certain day, either:
(a) all the jurors who attend in obedience to the summons from the jury district on that day shall constitute the jury panel for that trial; or
(b) the Sheriff shall, by ballot, constitute a jury panel for the trial from amongst those who attend in obedience to the summons.
(3) Where 2 or more criminal trials are to commence on a certain day, the Sheriff shall, before or on the day on which the jurors are summoned, by ballot, divide the jurors into separate panels and appropriate each panel to a trial.
(4) Subject to section 37(2)(a), where jurors from any jury panel are not included in a jury for a trial the Sheriff may excuse them from further jury service on the day on which that trial commences, but they shall attend again, in accordance with their respective summonses, at a time and place directed by the Sheriff.
Upon the day and at the place named in a jury precept for the appearance of the jurors required to be summoned by the jury precept, the Sheriff must return into the Court the jury precept and, annexed to it, the panel of jurors relating to the precept.
A party to the trial of a civil issue, or his counsel, may, at a convenient time before the trial, inspect or obtain a copy of the panel of jurors annexed to a precept for the appearance of jurors at that trial.
An omission, informality or error in name or description (if there being no question as to identity) with respect to a jury list, a jury precept or a panel of jurors does not invalidate or affect any verdict returned by a jury that is in other respects according to law.
The Sheriff, on showing to the satisfaction of a Judge or an Associate Judge that an error has been made in the name or description of a juror and that there is no question as to the identity of the person may, by leave of the Judge or the Associate Judge, as the case may be, in writing, cause the error to be corrected and the person to be thereafter summoned by his right name and description.
(1) Subject to section 37A, at a criminal trial, the proper officer must:
(a) select one at a time, in accordance with the written directions of the Chief Justice, persons from the panel of jurors to the trial; and
(b) call aloud the name and description of the person selected,
until 12 persons appear and remain approved as indifferent.
(1A) The 12 persons who remain are, after taking the oath under section 58, to be the jury to try the issues on the trial.
(2) If the names of persons from the panel of jurors to the trial are exhausted, by challenge or otherwise, and less than 12 persons appear and remain approved as indifferent, the Court may adjourn the trial and such persons may be retained to be included in the jury for the trial and:
(a) further persons (to be included on the jury panel for the trial) may be chosen from the persons who were summoned to attend on another Court in the same jury district but were not included in a jury for a trial at that Court; or
(b) a further jury precept may be issued for persons to be included on the jury panel for the trial.
(2A) Where there are not sufficient persons to be the jury to try the issues of the trial after following either one or both of the procedures referred to in subsection (2), or where the Court considers those procedures are not appropriate, then, at the request of the Crown, the defendant or the defendant’s counsel, the Court may adjourn the trial and order the Sheriff to appoint forthwith from amongst such of the persons in or in the vicinity of the Court as are qualified and liable to serve, but not exempt from serving, as jurors in a jury district as many persons as are sufficient to make up 12 jurors.
(2B) Notwithstanding subsections (2) and (2A), the jury may be discharged and a further jury precept may be issued in respect of the trial.
(2C) Section 33 shall apply, with the necessary changes, to the extent necessary for the operation of subsection (2)(a).
(3) Talesman are subject to challenge in accordance with this Act.
(1) The Court in which a criminal trial is to be held may direct that, in addition to the 12 persons required under section 37(1) to be the jury to try the issues on that trial, not more than 3 jurors summoned in accordance with section 30 shall be chosen and returned as reserve jurors in respect of that trial.
(2) A reserve juror:
(a) shall have the same qualifications;
(b) shall be called and empanelled in the same manner;
(c) shall be subject to the same challenges and liability to be stood by and to be discharged;
(d) shall take the same oath; and
(e) shall have the same functions, powers, facilities and privileges,
as a juror, and for that purpose the law in respect of jurors shall apply to and in relation to a reserve juror with such modifications as are required by this section.
(3) A juror at a criminal trial who, prior to the time the jury retires to consider its verdict, dies or becomes disqualified from or is discharged from performing his duties as a juror shall be replaced by a reserve juror, if any, who, if there is more than one reserve juror available at that trial, shall then be determined by lot in such manner as the Court determines.
(4) Where a reserve juror who has not replaced a juror dies or becomes disqualified from or discharged from performing his duties as a juror, the trial in respect of which he is a reserve juror shall not be affected by that death, disqualification or discharge.
(5) Immediately before the jury retires to consider its verdict, a reserve juror who has not replaced a juror shall be discharged.
Where a jury has tried, or been drawn to try, a criminal issue, the Court may, if no objection is made by the Crown or other party to another criminal issue:
(a) try that other issue with that jury; or
(b) order the names of any jurors to the withdrawal of whom the parties consent, or who are justly challenged or excused by the Court, to be set aside and try that other issue with:
(i) the residue of the original jury; and
(ii) jurors whose names are on the panel of jurors, who have not been selected under section 37A to be one of the panel of jurors to the trial and who appear and are approved as indifferent.
Division 2 Civil trials
(1) When a civil issue that is to be tried with a jury is called on for trial, the proper officer:
(a) must, in accordance with the written directions of the Chief Justice:
(i) select, one at a time, persons from the panel of jurors to the trial; and
(ii) call aloud the name and description of the person selected,
until, after all challenges for cause are allowed, 12 persons appear and remain approved as indifferent; and
(b) must compile a list of the names of those jurors.
(2) If the names of persons from the panel of jurors to the trial are exhausted, by challenge or otherwise, before the list contains the names of 12 jurors:
(a) the Court may order the Sheriff to appoint from amongst such of the persons in or in the vicinity of the court as are qualified and liable to serve, and not exempt from serving, as jurors in a jury district as many persons as are sufficient to make up 12 jurors; and
(b) the Sheriff, upon so doing, shall place the names of the jurors so appointed on the list.
(3) Talesman are subject to challenge in accordance with this Act.
(4) Upon the list being completed, the list shall be delivered by the Sheriff successively to the plaintiff and to the defendant, each of whom may strike out 4 names from the list.
(5) If no more than 4 names then remain on the list, the persons whose names so remain shall be the jury, but if more than 4 names then remain on the list, the persons whose names are the first 4 names so remaining shall be the jury.
(6) The jurors so selected must take an oath under section 58 and be empanelled as the jurors for the trial.
(9) In this section,
the plaintiff includes the plaintiff’s solicitor or counsel andthe defendant includes the defendant’s solicitor or counsel.
(1) Where a jury has tried, or been drawn to try, a civil issue, the Court may, if no objection is made on behalf of the plaintiff or defendant to another civil issue:
(a) try that other issue with that jury; or
(b) order the names of any jurors to the withdrawal of whom the parties consent, or who are justly challenged or excused by the Court, to be set aside and other jurors to be selected in their stead and try that other issue with the residue of the original jury and with such jurors so selected as appear and are approved as indifferent.
(2) The selection of jurors for the purposes of subsection (1)(b) shall be made according to the procedure set out in section 39 for striking a jury for the trial of a civil issue but so that the numbers "12" and "4" appearing in that section are replaced respectively by numbers bearing to those numbers respectively the same ratio as the number of jurors to be selected bears to the number "4".
Where a plaintiff or defendant does not appear in person or by counsel or solicitor, names on the list of jurors may be struck out on his behalf under section 39(4) by the proper officer or by some other officer of the Court approved by the Court.
Subject to the provisions of this Act, challenge to the array and to the polls may be made and allowed for such and the like cause, in such and the like form and manner and under and subject to the like laws, rules and regulations in every respect as by law was or were established, used and practised in like cases in the Northern Territory immediately before the commencement of this Act.
The power of the Court on the trial of a criminal issue, at the request of the Crown, to order a juror to stand by is limited so that the number of jurors so ordered to stand by shall not exceed 6.
(1) Upon the trial of a criminal issue, the Crown and the person arraigned or his counsel may each challenge peremptorily:
(a) in the case of a capital offence – 12 jurors; and
(b) in any other case – 6 jurors,
and are not, except for cause shown, entitled to further challenges.
(2) A peremptory challenge in excess of the number of peremptory challenges allowed under subsection (1) is void and the trial shall proceed as if such a challenge had not been made.
Subject to section 39, a person is not entitled to challenge a juror upon the trial of a civil issue except for cause shown.
(1) An omission, error or irregularity by the Sheriff or any of his officers in the time and mode of service of a summons on a juror, or the summoning or return of a juror by a wrong name (if there is no question as to identity) is not a cause of challenge either to the array or to the juror.
(2) A matter which might have been objected by way of challenge to the polls or to the array does not invalidate or affect any verdict in any case, civil or criminal, unless the objection is taken by way of challenge.
(1) Where, upon the trial of a civil issue:
(a) the jury has remained for a period of 6 hours or more in deliberation;
(b) the jurors are not unanimously agreed upon their verdict; and
(c) 3 of the jurors are agreed upon the verdict to be given,
the decision of those 3 jurors shall be taken and entered as the verdict of all.
(2) Where, upon the trial of a civil issue:
(a) the jury has remained for 12 hours or more in deliberation; and
(b) it is not possible to enter a verdict in accordance with subsection (1),
the Court shall discharge the jury and the cause may without new process be again set down for trial, either at the same or any subsequent sittings as the Court may order.
(1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, whether instituted before or after the commencement of this section.
(2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(4) A person must not publish protected information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(5) Subsection (2) does not prohibit disclosing protected information:
(a) to a court; or
(b) to a Royal Commission, Commission of Inquiry or Board of Inquiry; or
(c) to the Director of Public Prosecutions, a member of the staff of the Director’s Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations; or
(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or
(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(f) to a health practitioner in the course of the treatment of a person in relation to issues arising out of the person’s prior service as a juror.
(5A) A health practitioner to whom protected information is disclosed must not disclose the information to anyone else unless it is necessary for the health or welfare of the former juror.
Maximum penalty: 85 penalty units or imprisonment for 2 years.
(6) Subsection (3) does not prohibit soliciting or obtaining protected information:
(a) in the course of proceedings in a court;
(b) by a Royal Commission, Commission of Inquiry or Board of Inquiry;
(c) by the Director of Public Prosecutions, a member of the staff of the Director’s Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations;
(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(e) by a legal practitioner for the purpose of giving advice in relation to a matter referred to in paragraph (a), (b), (c) or (d).
(7) Subsection (4) does not prohibit publishing protected information:
(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(b) as part of a fair and accurate report of:
(i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations;
(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or
(iii) proceedings by way of appeal from proceedings in the course of which jury deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal.
(8) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.
(9) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose.
(10) In this section:
health practitioner means a medical practitioner or person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).protected information means particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court.publish , in relation to protected information, means communicate or disseminate the information in a way or to an extent that it is available to, or likely to come to the notice of, the public or a member of the public.
(1) Except with the leave of the court, a person must not, during the course of proceedings, publish or otherwise disclose information that identifies, or is likely to identify, that person or any other person as a juror in those proceedings.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(2) A person must not publish or otherwise disclose information that identifies, or is likely to identify, another person as having been a juror in particular proceedings unless the other person has consented to the publication or disclosure of that information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(3) A person must not solicit or obtain information that identifies, or is likely to identify, another person as a juror, or as having been a juror, in particular proceedings with the intention of publishing or facilitating the publication of that information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(4) Subsections (1) and (2) do not prohibit publishing identifying information:
(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(b) as part of a fair and accurate report of:
(i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to a juror’s identity; or
(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i).
(5) Subsections (1) and (2) do not prohibit disclosing identifying information:
(a) to a court; or
(b) to a Royal Commission, Commission of Inquiry or Board of Inquiry; or
(c) to the Director of Public Prosecutions, a member of the staff of the Director’s Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to a juror’s identity; or
(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or
(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(f) to a legal practitioner for the purpose of obtaining advice in relation to a matter referred to in paragraph (a), (b), (c), (d) or (e); or
(g) to a health practitioner in the course of the treatment of a person in relation to issues arising out of the person’s prior service as a juror.
(5A) A health practitioner to whom protected information is disclosed must not disclose the information to anyone else unless it is necessary for the health or welfare of the former juror.
Maximum penalty: 85 penalty units or imprisonment for 2 years.
(6) Subsection (3) does not prohibit soliciting or obtaining identifying information:
(a) in the course of proceedings in a court;
(b) by a Royal Commission, Commission of Inquiry or Board of Inquiry;
(c) by the Director of Public Prosecutions, a member of the staff of the Director’s Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to a juror’s identity; or
(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service.
(7) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.
(8) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose.
(9) In this section:
health practitioner means a medical practitioner or person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).identifying information means information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings.proceedings means criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, whether instituted before or after the commencement of this section.publish , in relation to information, means communicate or disseminate the information in a way or to an extent that it is available to, or likely to come to the notice of, the public or a member of the public.
A person, other than a person who is at the material time excused from attendance as a juror by or under this Act, shall comply with a summons to attend as a juror served on him under this Act.
Maximum penalty: 4 penalty units.
A talesman shall not:
(a) fail to appear when required so to do by the Court; or
(b) wilfully withdraw himself from the presence of the Court.
Maximum penalty: 4 penalty units.
Where a person is summoned in pursuance of a jury precept to attend upon the Court, whether he serves upon a jury or not, the person in whose service he is employed, shall not:
(a) dismiss that person from his service; or
(b) act in any other way to the prejudice of that person in relation to his employment,
on account of that person’s absence from his employment for the purposes of jury service.
Maximum penalty: 40 penalty units or imprisonment for 12 months.
Where a juror summoned, or a talesman appointed, for the trial of a civil issue or issues has attended for 3 consecutive days, he is excused from further attendance unless the Court otherwise orders.
A person shall not personate, or attempt to personate, a juror whose name is on a panel of jurors for the purpose of sitting as that juror.
Maximum penalty: 17 penalty units.
A juror or reserve juror shall not, under pretence of receiving fees or remuneration for attending a trial, receive or take from any person a sum in excess of the compensation which he is entitled to receive under this Act for his attendance.
Maximum penalty: 4 penalty units.
Jurors must take an oath in open court in accordance with the appropriate Form in Schedule 6.
An officer may take an oath, in accordance with the form in Schedule 6, to take charge of a jury.
A juror summoned in pursuance of a precept, or a talesman who attends the Court, is, for each day during his attendance upon the Court, whether he has actually served upon a jury or not, entitled to receive payment for his attendance at the prescribed rate.
(1) In the trial of a civil issue with a jury, the Court may, at any time before the verdict of the jury, order a view of any place or property by the jury and may make all such orders upon the Sheriff or other person, and give such directions as the Court thinks necessary, for the purposes of the view.
(3) When a view is ordered on the trial of a civil issue, the Court may direct that the expenses of the view shall be paid to such extent and by such person, in the first instance, as the Court orders.
(1) If in any trial of a civil issue, the Court is satisfied that by reason of illness or a matter of special urgency or importance a juror should be excused from further attendance, the Court may order that the juror be excused from further attendance during the trial and such further period as the Court specifies.
(2) Where a juror dies or is excused under subsection (1), the Court may, if the number of jurors is reduced to not less than 3, order that the trial shall proceed with the reduced number of jurors and the decision of those jurors shall be taken and entered as the verdict of all.
In any trial, the Court may, at any time after the jury has been empanelled and whether or not it has retired to consider its verdict, order that the jury be supplied with such food and refreshment as the Court thinks fit and the Sheriff shall thereupon supply that food and refreshment at public expense.
Special juries and juries de medietate linguae are abolished.
(1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Regulations may provide for:
(a) prescribing the fees to be paid under section 8;
(b) prescribing the rates of payment under section 60;
(c) prescribing the areas of land comprising respectively the jury districts of Darwin and Alice Springs; and
(d) prescribing forms of acknowledgement, in answer to jury summonses, to be completed and returned to the sheriff.
Part XII Transitional matter for Criminal Justice Legislation Amendment Act 2011
An exemption in force under section 11(2) immediately before the commencement of the amendment of that section by the
section 4
Number of Act | Act | Extent of Repeal |
No. 1 of 1862 | The Jury Act, 1862 | The whole |
No. 3 of 1865 | The Jury Amendment Act, 1865 | The whole |
No. 7 of 1865-6 | An Act to amend the Jury Act, 1862 | The whole |
No. 38 of 1876 | The Criminal Law Consolidation Act, 1876 | Sections 365, 366 and 367, so far as they apply to fines imposed upon jurors |
No. 116 of 1878 | Supreme Court Act, 1878 | Sections 22, 23 and 24 |
No. 379 of 1886 | The Jury Act Amendment Act, 1886 | The whole |
No. 511 of 1891 | The Criminal Jurors Payment Act | The whole |
No. 564 of 1893 | An Act for the Continuance of Certain Juries and for other Purposes | The whole |
No. 781 of 1902 | The Jury Act Amendment Act, 1902 | The whole |
No. 878 of 1905 | The Jury Act Amendment Act, 1905 | The whole |
No. 891 of 1905 | The Juries Separation Act, 1905 | The whole |
No. 923 of 1907 | The Jury Act Further Amendment Act, 1907 | The whole |
section 25
Juries Act 1962
To the Sheriff,
In pursuance of the
persons of the Territory qualified by law as jurors to make a jury for all such matters as shall be required of them and to return into the Supreme Court on that date:
(a) this precept;
(b) the names of the jurors summoned;
(c) proof of the service, and of the time and the manner of service, of a summons on each of those jurors; and
(d) a statement showing the reason why each of the other jurors chosen to be summoned, but not summoned, were not served with a summons.
Given under my hand and seal at
this day of , 19 .
Judge
sections 58 and 59
"I
"I
"I [
section 11
the Administrator
the Administrator’s official secretary
the secretary of the Executive Council
a person who holds, or has, within the previous 10 years, held, a judicial office
a spouse or a de facto partner of a Judge
a member of the Legislative Assembly
the Ombudsman, and an employee within the meaning of the
a person regularly employed on duties on board aircraft used in aerial ambulance services
a legal practitioner
an articled clerk or graduate clerk of a legal practitioner
a clergyman in holy orders, a priest of the Roman Catholic faith and a minister of religion having an established congregation
a monk, nun or other vowed member of a religious community
a person registered under the Health Practitioner Regulation National Law:
(a) to practise in the dental profession as a dentist (other than as a student); and
(b) in the dentists division of that profession
a practising medical practitioner
a member of the Parole Board within the meaning of the
the secretary of the Parole Board within the meaning of the
a member of the Police Force of the Northern Territory
a correctional services officer (as defined in section 4 of the
an employee as defined in the
a person employed by the Legal Aid Commission within the meaning of the
an employee as defined in the
a person with a disability as defined in section 2(1) of the
a person who is not liable to serve as a juror by virtue of, or who is exempted from service as a juror under, the
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 8 May 1963 | ||
Commenced | 13 May 1963 ( | ||
Assent date | 26 April 1963 | ||
Commenced | 13 May 1963 (s 2, s 2 | ||
Assent date | 16 August 1965 | ||
Commenced | 16 August 1965 | ||
Assent date | 22 June 1967 | ||
Commenced | 22 June 1967 | ||
Assent date | 1 October 1970 | ||
Commenced | 1 October 1970 | ||
Assent date | 13 March 1972 | ||
Commenced | 13 March 1972 | ||
Assent date | 11 December 1973 | ||
Commenced | 11 December 1973 (s 12(2)) | ||
Assent date | 26 August 1974 | ||
Commenced | 11 December 1973 (s 3(2)) | ||
Assent date | 24 October 1974 | ||
Commenced | 11 December 1973 (s 3) | ||
Assent date | 28 June 1976 | ||
Commenced | ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 | ||
Assent date | 26 August 1974 | ||
Commenced | 26 August 1974 | ||
Assent date | 15 October 1974 | ||
Commenced | 15 October 1974 | ||
Assent date | 1 July 1978 | ||
Commenced | 19 January 1979 ( | ||
Assent date | 5 September 1978 | ||
Commenced | 5 September 1978 | ||
Assent date | 15 October 1979 | ||
Commenced | 16 January 1980 ( | ||
Assent date | 12 February 1980 | ||
Commenced | 12 February 1980 | ||
Assent date | 1 September 1982 | ||
Commenced | 10 December 1982 ( | ||
Assent date | 28 November 1983 | ||
Commenced | 1 January 1984 (s 2, s 2 | ||
Assent date | 16 November 1987 | ||
Commenced | 16 November 1987 | ||
Assent date | 31 December 1987 | ||
Commenced | 31 December 1987 | ||
Assent date | 2 October 1989 | ||
Commenced | 2 October 1989 | ||
Assent date | 11 June 1990 | ||
Commenced | 21 January 1991 (s 2, s 2 | ||
Assent date | 14 December 1990 | ||
Commenced | 14 December 1990 | ||
Assent date | 10 December 1991 | ||
Commenced | 31 January 1992 ( | ||
Assent date | 14 December 1992 | ||
Commenced | 14 December 1992 | ||
Assent date | 30 June 1993 | ||
Commenced | 1 July 1993 (s 2, s 2 | ||
Assent date | 19 April 1996 | ||
Commenced | 1 July 1996 (s 2, s 2 | ||
Assent date | 17 June 1996 | ||
Commenced | 1 July 1997 ( | ||
Assent date | 17 September 1996 | ||
Commenced | 17 September 1996 | ||
Assent date | 26 March 1997 | ||
Commenced | 11 May 1997 (s 2, s 2 | ||
Assent date | 30 March 1998 | ||
Commenced | 1 June 1998 ( | ||
Assent date | 21 October 1998 | ||
Commenced | 1 January 1999 ( | ||
Assent date | 25 March 1999 | ||
Commenced | 1 February 2000 (s 2, s 2 | ||
Assent date | 18 June 1999 | ||
Commenced | 18 June 1999 | ||
Assent date | 6 June 2000 | ||
Commenced | s 6: 4 December 1999 (s 2); rem: 12 July 2000 ( | ||
Assent date | 7 November 2002 | ||
Commenced | 7 November 2002 | ||
Assent date | 7 January 2004 | ||
Commenced | 17 March 2004 ( | ||
Assent date | 1 March 2004 | ||
Commenced | 15 March 2004 (s 2, s 2 | ||
Assent date | 14 December 2005 | ||
Commenced | 14 December 2005 | ||
Assent date | 26 April 2006 | ||
Commenced | 26 April 2006 | ||
Assent date | 24 April 2007 | ||
Commenced | s 37 (except amd of Criminal Code and | ||
Assent date | 17 May 2007 | ||
Commenced | s 10: 1 July 2007 (s 2(1)); rem: 17 May 2007 ( | ||
Assent date | 11 March 2008 | ||
Commenced | pt 6: 1 May 2008 ( | ||
Assent date | 20 May 2010 | ||
Commenced | 1 July 2010 ( | ||
Assent date | 20 May 2010 | ||
Commenced | 1 July 2010 (s 2) | ||
Assent date | 18 November 2010 | ||
Commenced | 1 March 2011 (s 2, s 2 | ||
Assent date | 15 November 2011 | ||
Commenced | 15 February 2012 ( | ||
Assent date | 4 September 2014 | ||
Commenced | 9 September 2014 ( | ||
Assent date | 6 April 2016 | ||
Commenced | 1 May 2016 (s 2, s 2 | ||
Assent date | 7 June 2016 | ||
Commenced | 28 July 2016 (s 2, s 2 | ||
Assent date | 7 June 2016 | ||
Commenced | 28 July 2016 ( | ||
Assent date | 5 September 2017 | ||
Commenced | 22 November 2017 ( | ||
Assent date | 23 May 2018 | ||
Commenced | 14 November 2018 ( | ||
Assent date | 23 May 2018 | ||
Commenced | 20 June 2018 ( | ||
Assent date | 31 October 2022 | ||
Commenced | pt 3: 1 February 2023; rem: 21 December 2022 ( | ||
Assent date | 20 April 2023 | ||
Commenced | 21 April 2023 (s 2) | ||
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 9
s 6
s 13(2)
s 4
s 4
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
6 CORRECTED PROVISION
Section 10(1) and (3)(c) as amended by the
6 LIST OF AMENDMENTS
lt amd No. 57, 1989, s 18
ss 1 – 2 amd No. 57, 1989, s 18
s 3 rep No. 123, 1979, s 4
s 4 amd No. 123, 1979, s 5; No. 57, 1989, s 18
s 5 amd No. 30, 1974, s 3; No. 123, 1979, ss 6 and 15; No. 51, 1982, s 5; No. 57, 1989 s 18; No. 73, 1992, s 3; No. 19, 1996, s 4; No. 19, 2000, s 5; No. 12, 2004, s 6; No. 8, 2016, s 45; No. 18, 2017, s 36
s 6 amd No. 57, 1989, s 18
s 6A ins No. 8, 2006, s 54
s 7 amd No. 23, 1965, s 2
sub No. 17, 1967, s 2
amd No. 57, 1989, s 18; No. 8, 2006, s 55
s 8 sub No. 17, 1967, s 2
amd No. 123, 1979, s 15; No. 40, 2010, s 52
s 9 sub No. 30, 1974, s 4
amd No. 123, 1979, s 15
sub No. 57, 1989, s 3
s 10 sub No. 123, 1979, s 7
amd No. 57, 1989, s 4; No. 17, 1996, s 6; No. 11, 1999, s 4; No. 27, 2014, s 57; No. 15, 2016, s 117; No. 13, 2016, s 35; No. 8, 2018, s 37
s 11 amd No. 36, 1970, s 2; No. 1, 1972, s 2; No. 30, 1974, s 5; No. 60, 1974, s 3; No. 63, 1978, s 4
sub No. 123, 1979, s 8
amd No. 57, 1989, s 18
sub No. 2, 2008, s 10
amd No. 32, 2011, s16
s 11A ins No. 30, 1974, s 6
sub No. 123, 1979, s 8
rep No. 57, 1989, s 5
s 12 amd No. 57, 1989, s 6
s 13 amd No. 40, 2010, s 53
s 14 sub No. 57, 1989, s 7
s 15 amd No. 123, 1979, s 15
sub No. 57, 1989, s 7
amd No. 18, 2017, s 36; No. 10, 2018, s 6
ss 16 – 17 amd No. 123, 1979, s 15
rep No. 57, 1989, s 7
s 17A ins No. 51, 1982, s 6
amd No. 57, 1989, s 8; No. 18, 2017, s 36
s 18 amd No. 123, 1979, s 15
rep No. 57, 1989, s 9
s 18A ins No. 123, 1979, s 9
amd No. 51, 1982, s 7
rep No. 57, 1989, s 9
s 18AB ins No. 51, 1982, s 8
amd No. 57, 1989, s 18
s 19 amd No. 57, 1989, s 18
s 20 amd No. 30, 1974, s 7
sub No. 60, 1974, s 4
s 21 amd No. 23, 1965, s 3; No. 30, 1974, s 8; No. 51, 1982, s 9; No. 57, 1989, s 10; No. 63, 1990, s 2
s 22 rep No. 57, 1989, s 11
s 22A ins No. 51, 1982, s 10
rep No. 57, 1989, s 11
s 24 amd No. 123, 1979, s 15
s 25 amd No. 123, 1979, s 15; No. 57, 1989, s 18
s 26 amd No. 123, 1979, s 15
s 27 amd No. 123, 1979, s 15; No. 51, 1982, s 11
sub No. 57, 1989, s 12
s 27A ins No. 123, 1979, s 10
amd No. 57, 1989, s 18; No. 18, 2017, s 36
s 28 amd No. 33, 1963, s 3; No. 23, 1965, s 4; No. 123, 1979, s 15
rep No. 51, 1982, s 12
s 29 amd No. 57, 1989, s 18; No. 27, 1999, s 5
ss 30 – 31 amd No. 123, 1979, s 15
rep No. 51, 1982, s 13
s 32 amd No. 123, 1979, s 15
sub No. 51, 1982, s 14
amd No. 57, 1989, s 13; No. 73, 1992, s 4; No. 19, 1996, s 5; No. 19, 2000, s 5
s 33 amd No. 123, 1979, s 15; No. 51, 1982, s 15; No. 57, 1989, s 14; No. 19, 1996, s 6; No. 19, 2000, s 5
s 36 amd No. 123, 1979, s 15; No. 57, 1989, s 18; No. 18, 2017, s 36
pt VII hdg amd No. 40, 2010, s 54
s 37 amd No. 51, 1982, s 16; No. 57, 1989, s 18; No. 29, 1990, s 7; No. 73, 1992, s 5; No. 19, 1996, s 7; No. 19, 2000, s 5; No. 40, 2010, s 55; No. 27, 2014, s 57
s 37A ins No. 51, 1982, s 17
amd No. 6, 1997, s 3
s 38 amd No. 29, 1990, s 7; No. 19, 1996, s 8; No. 19, 2000, s 5
s 39 amd No. 57, 1989, s 18; No. 19, 1996, s 9; No. 19, 2000, s 5; No. 40, 2010, s 56
s 40 amd No. 123, 1979, s 15; No. 19, 1996, s 10
s 41 amd No. 123, 1979, s 15
s 42 amd No. 57, 1989, s 18
s 43 sub No. 51, 1982, s 18
amd No. 29, 1990, s 7
s 45 rep No. 63, 1983, s 4
s 48 sub No. 123, 1979, s 11
amd No. 51, 1982, s 19
rep No. 63, 1983, s 4
s 49A ins No. 16, 1998, s 3
amd No. 5, 2007, s 20; No. 12, 2010, s 3; No. 18, 2010, s 89
s 49B ins No. 16, 1998, s 3
amd No. 5, 2007, s 21; No. 12, 2010, s 3; No. 18, 2010, s 89
s 50 amd No. 57, 1989, s 18; No. 12, 2010, s 3
s 51 amd No. 123, 1979, s 15; No. 57, 1989, s 18; No. 12, 2010, s 3
s 52 rep No. 57, 1989, s 15
ins No. 73, 1992, s 6
amd No. 12, 2010, s 3
s 53 amd No. 123, 1979, s 15
rep No. 57, 1989, s 15
s 55 amd No. 57, 1989, s 18; No. 12, 2010, s 3
s 56 amd No. 51, 1982, s 20; No. 57, 1989, s 18; No. 12, 2010, s 3
s 57 amd No. 51, 1982, s 21
rep No. 63, 1983, s 4
s 58 amd No. 57, 1989, s 18; No. 40, 2010, s 57
s 59 sub No. 57, 1989, s 16
amd No. 40, 2010, s 58
s 61 amd No. 123, 1979, s 15; No. 63, 1983, s 5
s 62 amd No. 33, 1963, s 4; No. 123, 1979, s 12; No. 51, 1982, s 22; No. 63, 1983, s 6
s 63 amd No. 40, 2010, s 59
s 64 amd No. 10, 1980, s 2
rep No. 63, 1983, s 7
s 66 amd No. 57, 1989, s 18
rep No. 40, 2010, s 60
s 67 rep No. 123, 1979, s 13
s 68 amd No. 60, 1974, s 5; No. 95, 1978, s 14
sub No. 51, 1982, s 23
pt XII hdg ins No. 32, 2011, s 17
s 69 ins No. 32, 2011, s 17
sch 1 amd No. 57, 1989, s 18; No. 21, 2022, s 6
sch 2 rep No. 57, 1989, s 18
sch 3 amd No. 57, 1989, s 18; No. 21, 2022, s 7
sch 4 amd No. 57, 1989, s 18
rep No. 27, 1999, s 5
sch 5 rep No. 57, 1989, s 18
sch 6 amd No. 63, 1983, s 8; No. 59, 1987, s 5; No. 57, 1989, ss 17 and 18; No. 40, 2010, s 61; No. 21, 2022, s 8; No. 10, 2023, s 5
sch 7 ins No. 123, 1979, s 14
amd No. 52, 1982, s 24; No. 49, 1987, s 2; No. 57, 1989, s 18; No. 29, 1990, s 4; No. 75, 1991, s 3; No. 73, 1992, s 7; No. 28, 1993, s 3; No. 42, 1996, s 6; No. 6, 1997, s 4; No. 78, 1998, s 14; No. 59, 2002, s 5; No. 1, 2004, s 62; No. 44, 2005, s 22; No. 7, 2007, s 16; No. 2, 2008, s 11; No. 18, 2010, s 89; No. 27, 2014, s 57; No. 21, 2022, s 9
0
0
0