Juries Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

JURIES.

No. 44 of 1973.

AN ACT to amend the Juries Act, 1957-1972.

[Assented to 18th October, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Juries Act	Short title
and citation.

Amendment Act, 1973.

(2) In this Act the Juries Act, 1957-1972, is	Act No. 50
of 1957 as

referred to as the principal Act.	Acts Nos. 35amended by
of 1959, 30 of 1961 and 46

(3) The principal Act as amended by this Act of 1972.

may be cited as the Juries Act, 1957-1973.

No. 44.] Juries. [1973.

Commence-

ment. 2. This Act or any provision thereof shall come

into operation on such date as is or such dates as

are, respectively, fixed by proclamation.

Amendment

to s. 3. 3. Section 3 of the principal Act is amended

(Interpreta- tion.)	(a)	by deleting the interpretation "addition";
(b)	by substituting for the interpretation "civil trial" an interpretation as follows

"civil trial" means trial in the civil jurisdiction of the Supreme Court, a Circuit Court, or the District Court; ;

(c)	by deleting the interpretation "Court of Session";
(d)	by substituting for the words "a Court of Session", in line three of the interpretation "Court town", the words "the District Court";
(e)	by adding after the interpretation "criminal trial" an interpretation as follows

"District Court" means The District Court of Western Australia estab- lished under the District Court of Western Australia Act, 1969; ;

(f) by substituting for the interpretation "Judge" an interpretation as follows

"Judge"—

(a)	in relation to the Supreme Court, means Judge or acting Judge of that Court and includes a Commissioner appointed under section forty- nine of the Supreme Court Act, 1935;
(b)	in relation to a Circuit Court, means Judge or acting Judge of that Court and includes

1973.] Juries. [No. 44.

a Commissioner appointed under section forty-nine of the Supreme Court Act, 1935; and

(c) in relation to the District Court, means Judge or acting Judge of that Court and includes a Commissioner appointed under section twenty-four of the District Court of Western Australia Act, 1969; ;

(g) by substituting for the interpretation "jury officer" an interpretation as follows

"jury officer" means jury officer ascer- tained in accordance with section thirteen of this Act; ;

(h) by deleting the interpretation "Session town"; and

(i)    by deleting the passage ", or a Court of Session", in line two of the interpretation "Supreme Court".

Addition of

4. The principal Act is amended by adding after section 3 a section as follows-	s. 3A.
Application

3A. Subject to the District Court of Western Australia Act, 1969, and to the other provisions	of this Act to District
Court.
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. .

No. 44.] Juries. [1973.

Amendment

to s. 5.	5. Section 5 of the principal Act is amended
(Disqualifi-

cations.)	(a)	by substituting for the words "jury officer for the jury district in which she lives", in the last two lines of subsections (2), (3), and (4), the word "Sheriff" in each case;
(b)	by deleting the words "session or", in lines two and five of subsection (5);
(c)	by substituting for the words "a jury officer of a jury district", in lines four and five of subsection (6), the words "the Sheriff"; and
(d)	by deleting the passage "and to the Sheriff, if the jury officer is not the Sheriff,", in lines six and seven of subsection (6).
Amendment

to 5. 9. 6. Section 9 of the principal Act is amended

(Jury	by deleting the passage "and for each Court of
districts.)
Session,", in line two.
Amendment

to s. 10.	7. Section 10 of the principal Act is amended
(Area of Jury

districts.)

(a) by deleting the passage "and for each Court of Session,", in lines two and three of subsection (2);

(b)	by deleting the passage "or where any new Court of Session is established,", in lines five and six of subsection (3);
(c)	by deleting the words "or establishing the Court of Session", in lines seven and eight of subsection (3); and
(d)	by deleting the passage ", or the Court of Session so established", in lines twelve and thirteen of subsection (3).

Amendment

to s. 11 (2).	8. Subsection (2) of section 11 of the principal
(Transition

provisions	Act is amended by deleting the words "session or",
for
alteration	in line four of paragraph (a) and in line one of
or abolition
of jury	paragraph (b).
districts,)

1973.] Juries. [No. 44.

9. Section 13 of the principal Act is repealed and Ir-peVcsiVent of s.13.

re-enacted as follows—	(Jury officers
appointed.) to be

districts are- 13. The jury officers for the respective jury Jury officers.

(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 Registrar of the District Court at that place.

10. Section 14 of the principal Act is amended— rselit en t

(Chief

(a) by repealing subsection (5);

Electoral

Officer

(b)	by adding before the word "the", in line rrEirteitf; three of subsection (8), the passage "is r° 5,)	dead, or no longer resides in the jury	district or that the address of the person
is unknown,"; and
(c)	by repealing and re-enacting subsection
(9) as follows

(9) Where a person establishes a claim the ground to exemption from serving as a juror on

(a)	that he is suffering from an infirmity which it appears to the Sheriff will permanently disable that person from so serving; or
(b)	that he is permanently disquali- fied or exempt because of his age from so serving; or
(c)	that he has been convicted of a crime or misdemeanour and has not received a free pardon,

the Sheriff shall issue a certificate of permanent exemption to that person but, if the Sheriff does so to a person who establishes his claim on the ground

No. 44.] Juries. [1973.

referred to in paragraph (c) of this subsection, the Sheriff shall cancel the certificate if the person receives a free pardon. .

11. Section 20 of the principal Act is repealed

Re Zermde n t of s 20.

(Precepts.) and re-enacted as follows

Precepts. 20. Where jurors are required for any criminal or civil trial or trials in the Supreme Court, a Circuit Court, or the District Court, a precept in the prescribed form shall be issued to the appropriate summoning officer referred to in section twenty-one or in section twenty- five of this Act 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 precept returnable in the Supreme Court or a Circuit Court; or
(b)	by a District Court Judge, in the case of a 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 precept for summoning jurors to attend both those sittings. .

Repeal and

re-enactment 12. Section 21 of the principal Act is repealed

of s. 21.	and re-enacted as follows
officer—who	(Summoning
is.)
Summoning

officer—who 21. Subject to section twenty-five of this

is. Act

(a) the Sheriff is the summoning officer in respect of precepts returnable in the Supreme Court or returnable in the District Court sitting at Perth; and

1973.] Juries. [No. 44.

(b) the Registrar of the District Court sitting at a place other than Perth is the summoning officer in respect of precepts returnable in that Court or returnable in a Circuit Court at that place. .

Amendment

13.

Section 24 of the principal Act is amended by substituting for the words "and every Circuit

to s. 24.

precepts and (Oral

Court and Court of Session and the Judge and

amending or enlarging

Chairman thereof respectively" in lines one, two,

Panel.)

and three, the passage "thereof, and every Circuit

Court and the Judge thereof,".

Amendment

Subsection (1) of section 25 of the principal Act is amended by deleting the passage ", or as the	to s. 25.
appointment (Power of
case may be, the Chairman of a Court of Session	of alternative
summoning
or a Justice of the Peace,", in lines two and three.	officer where
summoning
officer has
interest in
trial.)

14.

15.    Section 27 of the principal Act is amended itkoniseVment

by repealing and re-enacting subsection (1) as (summoning	officer may
omit name
follows—	from panel and excuse

(1) The summoning officer, of his own motion iittlitLance.)

in the jury district for the Supreme Court, a Circuit Court, or the District Court, may on such evidence as he deems sufficient, omit from a panel any name in the Jurors' Book and excuse from attendance at any criminal trial any person who has been summoned as a juror. .

16.    Section 28 of the principal Act is amended— ',,,mse.121ment

(Ticket of

(a) by repealing and re-enacting subsection 1,=]a lit to

be returned

(1) as follows— to the box.)

(1) If the summoning officer ascer- tains that any ticket drawn from a box bears a number corresponding to the name of a juror who cannot be served

No. 44.] Juries. [1973.

or does not attend when summoned, the summoning officer shall forthwith place the ticket in the box marked "Jurors in Reserve". ; and

(b) by adding before subsection (2) a subsec- tion as follows

(la) If any ticket drawn from a box has not been used for the purpose of completing the panel or has not been used in completing the panel because of the provisions of this Act requiring that, as far as is practicable, the number of names of men in the panel shall bear to those of women in the panel the ratio prescribed by subsection (2) of section twenty-six of this Act, the summoning officer shall forthwith return the ticket to the box from which it was drawn. .

Amendment

to s. 29.	17.	Subsection (2) of section 29 of the principal
jurors for

(Choosing of	Act is amended by substituting for the word "six",
civil trials.)	in line two of paragraph (b), the word "eight".
Amendment

Section 31 of the principal Act is amended word "personally", in line seven, and ending with the word "age", being the last word in the section, the word "personally".

to s. 31. 18.

(Time for	by substituting for the passage beginning with the
of service.)
jurors; mode
Amendment

summoning

to s. 33.	19. Section 33 of the principal Act is amended
(Summons to
Jurors for

criminal	(a)	by adding after the word "officer", in line
trials to be
served by	three of subsection (1), the words "or
police;
summons	Sheriff's officer";
list" (Third Schedule).)
(b)	by substituting for the words "form of the Third Schedule to this Act", in the last two lines of subsection (1), the words "prescribed form"; and
(c)	by deleting the word "police", in line one
of subsection (2).

1973.] Juries. [No. 44.

20. Subsection (1) of section 34 of the principal ,tkdnse.raent

Act is amended by substituting for the words "any pepcm,of,

other person", in line four, the words "Sheriff's summoning

Jurors.)

officer".

21. Section 35 of the principal Act is amended by deleting the words "with their respective

Amendment

to s. 35.

officer to

(Summoning

additions", in line six.

returnprecept and

Panel with

cards.)

Subsection (2) of section 36 of the principal Act is amended by substituting for the words "as

to 5. 36.

Amendment

empanelling

(Mode of

prior to the coming into operation of this Act has

jury for a

criminal

been customary", in lines four and five, the passage

trial.)

"to the extent authorised by subsection (2) of section

thirty-eight of this Act".

22.

23. Section 38 of the principal Act is amended Amendment to s. 38. (Right of challenge.)

(a)	by adding after the word "aside", in line six of subsection (1), the passage "to the extent authorised by subsection (2) of this section";
(b)	by substituting for the word "six", in line seven of subsection (1), the word "eight";
(c)	by substituting for the word "three", in the last line of subsection (1), the word "six";
(d)	by substituting for the words "six jurors", being the last two words in subsection (2), the words "eight jurors and the right to pray for an order to stand four jurors aside"; and
(e)	by adding after the word "juror", in line four of subsection (3), the passage "or where the juror reads the words of the oath from a card, before the juror begins to recite those words".

No. 44.] Juries. [1973.

Repeal and

re-enactment	24. Section 42 of the principal Act is repealed
of s. 42.

(Limit of	and re-enacted as follows-
attendance on Jurors.)

Limit of	42. A juror is not liable and shall not be
attendance

on Jurors. required to attend for more than five days at the same sittings of the Supreme Court, a Circuit Court, or the District Court except for the purpose of finishing a part heard case. .

Amendment	25.	Subsection (1) of section 51 of the principal
to s. 51.

(View by

Act is amended by adding after the word "Judge",

Jury on a

civil trial.)

in line one, the passage "thereof or the District

Court or a Judge thereof, as the case may be,".

26.    Section 52 of the principal Act is amended

Amendment

to s. 52.

(Party in	(a)	by deleting the passage "or Chairman, as
criminal
trial may	the case may be", in line seven of
pray a tales.)	subsection (1); and
(b)	by deleting the passage "or Chairman, as the case may be,", in line one of subsection (2).

to 5. 53.Amendment 27. Section 53 of the principal Act is amended

(Neglect by by adding after the word "Judge", in line five, the

officials to

perform	word "thereof".
duties.)

Amendment	28.	Section 54 of the principal Act is amended
to s. 54.

(Offences by	by adding after the word "Judge", in line one, the
Sheriff and
others.)	word "thereof".

Amendment	29.	Section 56 of the principal Act is amended
to s. 56.
(Fine for

non-attend-	(a) by deleting the words "or the Chairman"—
ance may be

remitted	(i)	in line four of subsection (1);
on cause shown.)
(ii)	in line six of subsection (2); and
(iii)	in line one of subsection (3);

(b)	by deleting the passage ", as the case may be,", in lines four and five of subsection (1); and
(c)	by deleting the words "to the", where secondly occurring in line five of sub- section (2).

1973.] Juries. [No. 44.

30. Section 59 of the principal Act is amended— girAd.ment

of fines.) (Recovery

(a) by adding after the word "Judge", in line two of subsection (1), the word "thereof";

and

(b) by repealing and re-enacting subsection (2) as follows

(2) Fines imposed under this Act by a District Court, or a Judge thereof, are enforceable in the same manner as a judgment or order of the District Court for the payment of money or a penalty. .

31. The Second Schedule to the principal Act is to ngnedment Second

amended— Schedule.

(a) by adding immediately under the heading "PART I." a passage as follows

Chiropractors, registered as such accord-

ing to law, if actually practising.

Civil Emergency Services—persons actu-

ally engaged thereon.;

(b) by adding immediately after the passage

Mining managers and engine-drivers on mines in which not less than ten men are engaged in mining opera- tions.

a passage as follows

Murdoch University—the academic staff

and the Secretary of.

(c) by adding immediately after the passage

Nurses, registered as such according to

law, if actually practising.

No. 44.] Juries. [1973.

a passage as follows

Parliamentary Commissioner for Admin-

istrative Investigations.;

and

(d) by substituting for Part II a Part as follows

PART II.

Common-	Such persons as are at any time exempted by or under any Act of the Parlia- ment of the Commonwealth. .
No. 13 of
1965.
Repeal of

wealth Act

Third	32. The Third Schedule to the principal Act is
Schedule.

(See s. 33 of

repealed.

principal Act

and s. 19 of

this Act.)