Juries Regulations 2011 (Vic)

Version No. 001

Juries Regulations 2011

S.R. No. 68/2011

Version as at

30 July 2011

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Panel of jurors

7Discharge, deferral and cancellation of jury service

8Control of pool of jurors

9Empanelling of a jury

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Juries Regulations 2011

S.R. No. 68/2011

Version as at

30 July 2011

1Objectives

The objectives of these Regulations are—

(a)to provide for an efficient system of jury pools for criminal and civil trials; and

(b)to permit jurors to be selected from the same pool of jurors for criminal and civil trials in the Supreme Court and in the County Court.

2Authorising provision

These Regulations are made under section 90 of the Juries Act 2000.

3Commencement

These Regulations come into operation on 30 July 2011.

4Revocation

The Juries Regulations 2001[1] are revoked.

5Definitions

In these Regulations—

courtmeans the Supreme Court, or the County Court, exercising the criminal or civil jurisdiction;

judge means a Judge of the Supreme Court or a judge of the County Court.

6Panel of jurors

The Juries Commissioner may summon a panel of jurors to a court and if a judge or the Juries Commissioner consider it necessary the panel may be selected from a jury pool or be augmented from a jury pool.

7Discharge, deferral and cancellation of jury service

(1)If it appears to a judge that it is reasonable to discharge persons in a pool from further service, the court may do so if as far as possible the number of persons available for jury service does not fall below the number required to service the courts.

(2)During any period of service in a pool, if it appears to the Juries Commissioner that the number of persons in attendance exceeds the number reasonably required or that it is otherwise necessary or expedient to do so, a judge or the Juries Commissioner may direct that the service of any of those persons be deferred or cancelled.

8Control of pool of jurors

(1)The pool supervisor must record the name of any person who fails to attend the jury pool room in accordance with a summons to attend as a juror and must cause the name of any such person to be called 3 times and, if the person summoned does not answer to their name, the pool supervisor must advise the Juries Commissioner, who must institute enquiries as to their non-attendance.

(2)If the Juries Commissioner determines that a person has not provided a reasonable excuse for failing to comply with a summons for jury service, the Juries Commissioner must advise a judge.

(3)Subject to any direction that may be given to the pool supervisor by a judge, any question of priority in the selection and allocation of persons for the purpose of constituting panels must be determined by the pool supervisor.

9Empanelling of a jury

(1)If a jury is empanelled and sworn, any person who has been selected and allocated but has not been empanelled must without delay return to the jury pool room, and that person again forms part of the pool.

(2)If a jury empanelled for any trial is discharged by a judge, the members of that jury must without delay return to the jury pool room, and if any juror has not attended for jury service for the period specified in the summons or for any period that the Juries Commissioner in special circumstances directs, the person again forms part of the pool.

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ENDNOTES

1.     General Information

The Juries Regulations 2011, S.R. No. 68/2011 were made on 26 July 2011 by the Governor in Council under section 90 of the Juries Act 2000, No. 53/2000 and came into operation on 30 July 2011: regulation 3.

The Juries Regulations 2011 will sunset 10 years after the day of making on 26 July 2021 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Juries Regulations 2011 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

[1] Reg. 4: S.R. No. 75/2001.