Juries Regulations 2021 (Vic)

Version No. 001

Juries Regulations 2021

S.R. No. 81/2021

Version as at

25 July 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Control of pool of jurors

6Return to the pool or panel

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Juries Regulations 2021

S.R. No. 81/2021

Version as at

25 July 2021

1Objective

The objective of these Regulations is to provide for an efficient system of jury pools for criminal and civil trials.

2Authorising provision

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

3Commencement

These Regulations come into operation on 25 July 2021.

4Revocation

The Juries Regulations 2011[1] are revoked.

5Control of pool of jurors

(1)A pool supervisor who is in charge or in control of a pool must—

(a)provide a reasonable opportunity for each person summoned to attend for jury service to confirm the person's attendance; and

(b)record the name of each person who does not confirm their attendance.

(2)The pool supervisor must advise the Juries Commissioner of the name of each person summoned to attend for jury service who does not confirm their attendance under subregulation (1).

(3)The Juries Commissioner must institute enquiries about the non-attendance of each person summoned to attend for jury service who does not confirm their attendance under subregulation (1).

(4)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.

(5)Unless a court otherwise orders or directs, any question of priority in relation to the provision of panels to courts must be determined by the pool supervisor.

6Return to the pool or panel

(1)Unless the court otherwise orders, if a jury is empanelled and sworn, a person who was selected or allocated to the panel from which that jury was struck or selected, but who was not empanelled on that jury, must return to the pool and may be selected or allocated to a panel for another trial.

(2)Unless the court otherwise orders, if a jury empanelled for any trial is discharged on the same day as it is empanelled, or on the following day, the members of that jury must report to the pool supervisor who may direct they return to the pool where they may be selected or allocated to a panel in another trial.

(3)If a jury empanelled for any trial is discharged on the same day as it is empanelled, the court may order either or both of the following—

(a)that the members of that jury again form part of the panel for that trial or a further trial in the same proceeding;

(b)that the members of the panel from which that jury was struck or selected, who were not members of that jury, again form part of the panel for that trial or a further trial in the same proceeding.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Juries Regulations 2021, S.R. No. 81/2021 were made on 20 July 2021 by the Governor in Council under section 90 of the Juries Act 2000, No. 53/2000 and came into operation on 25 July 2021: regulation 3.

The Juries Regulations 2021 will sunset 10 years after the day of making on 20 July 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Juries Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 68/2011.