Juries Amendment Act 1988 (WA)

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WESTERN AUSTRALIA

JURIES AMENDMENT ACT

No. 13 of 1988

AN ACT to amend the Juries Act 1957.

[Assented to 6 September 1988]

The Parliament of Western Australia enacts as follows:

Short title

1.    This Act may be cited as the Juries Amendment Act 1988.

Principal Act

2.     In this Act the Juries Act 1957* is referred to as the principal Act.

[ Reprinted as approved 2 December 1987.]

No. 13]

Juries Amendment Act

[1988

Section 26 amended

Section 26 of the principal Act is amended in subsection (1) by deleting "the trial of issues in a criminal trial he shall, in the manner prescribed by the succeeding subsections of this section, choose" and substituting the following-

3.

" a criminal trial, the summoning officer shall, subject to section

29A, choose in the manner prescribed by this section ".

Section 29 amended

4.     Section 29 of the principal Act is amended in subsection (1) by

deleting "Where" and substituting the following-

" Subject to section 29A, where ".

Section 29A inserted

5.    After section 29 of the principal Act the following section is

inserted

Empanelling of jury for Circuit Court by computer

"

29A. (1) A summoning officer may instead of manual performance carry out by the use of a computer in respect of a trial in a Circuit Court

(a)

the procedures for and in relation to the choosing of a jury for a criminal trial referred to in sections 26 (2), (3), (4) and (5), 27 and 28; and

(b)

the procedures for and in relation to the choosing of a jury for a civil trial referred to in section 29 (2) (a), (b), (d), (f), (g), (h) and (3).

(2) Where a summoning officer exercises the power under

subsection (1) in relation to the procedures referred to in

(a)

section 26 (2) or (4) or 29 (2), the choosing of a jury shall be made at random from the names in the Jurors' Book for the jury district concerned;

(b)

section 26 (2) or (4), neither the attendance of a person specified in section 26 (2) as a witness nor the reading aloud of names by the summoning officer as referred to in section 26 (3) shall be required; and

(c)

section 29 (2) (a), those procedures shall not be carried out in the presence of the parties or their solicitors but the summoning officer shall forthwith supply a list of the

names of the jurors chosen to each party. ".

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