Jury Act Amendment Act 1981 (Qld)

207 (OttL` E1T5ft llI ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1981 An Act to amend the Jury Act 1929-1978 in certain particulars [ASSENTED TO 20TH MAY, 1981 ]

208 Jury Act Amendment Act 1981, No. 29 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (I) This Act may be cited as the Jury Act Amendment Act 1981. (2) In this Act the Jury Act1929-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Jury Act1929-1981. 2. Amendment of s. 17. Number of jurors in criminal cases. Section 17 of the Principal Act is amended by- (a) renumbering the existing provisions as subsection (1); (b) after subsection (1) as renumbered inserting the following subsections:- " (2) The Court in which a criminal trial is to be held may direct that, in addition to the twelve jurors, not more than three persons shall be chosen and returned as reserve jurors. (3) Reserve jurors- (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 jurors and for that purpose the law in respect of jurors shall apply to and in relation to reserve jurors with such modifications as are required by this section. (4) A juror who, prior to the time the jury retires to consider its verdict, dies or becomes incapable of or disqualified from or is discharged from performing his duties shall.be replaced by a reserve juror who if there is more than one reserve juror available, shall then be determined by lot in such manner as the Court determines. Section 628 of The CriminalCode does not apply prior to that time if there are sufficient reserve jurors to have a jury of twelve persons including replacements. (5) When a reserve juror, who has not replaced a juror, dies or becomes incapable of or disqualified from or discharged from performing his duties, the trial is not affected thereby. (6) Immediately before the jury retires to consider its verdict, a reserve juror who has not replaced a juror shall be discharged.". 3. Amendment of s. 32. Section 32 of the Principal Act is amended by- (a) in subsection (2) omitting the word " In " and substituting the words " Subject to section 17, in ";

Jury Act Amendment Act 1981, No. 29 209 (b) in subsection (3) inserting in the proviso to the second paragraph after the word " twelve " the words " together with the number of the reserve jurors (if any) directed to be chosen and returned ". 4. Amendment of s. 35. Peremptory challenges . Section 35 of the Principal Act is amended by inserting after subsection (3) the following subsection :- " (3A) Where the Court has directed that a reserve juror or reserve jurors be chosen and returned, the person arraigned shall be admitted, in addition to the number hereinbefore prescribed, to challenge peremptorily to the number- (a) where one reserve juror is to be chosen and returned, of one; (b) in any other case, of two.".