Jury Act Amendment Act 1990 (Qld)

897 JURY A CT A MENDMEN T A C T ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Principal Act and citation 4. Amendment of s. 3. Interpretation 5. Amendment of s. 8. Exemption 6. Amendment of s. 8A. Persons selected as jurors and prospective jurors temporarily exempt 7. Repeal of and new ss. 12 and 13 Duty of Principal Electoral Officer Jury lists 8. Repeal of s. 14A. Sheriff to notify Principal Electoral Officer of certain matters 9. Amendment of s. 15. Boxes for cards 10. Amendment of s. 24. Prospective jurors' list 11. Repeal of and new s. 24A. Prospective jurors' lists in particular districts Prospective jurors' lists in Brisbane, etc., districts 12. Amendment of s. 25. Summoning of jurors 13. Amendment of s. 26. Power to excuse jurors 14. Repeal of and new s. 27. Jury list destroyed, etc. Jury list destroyed, etc. ANNO TRICESIMO NONO ELIZABETHAE SEC.JNDAE REGINAE No. 46 of An Act to amend the Jury Act 1929- 1988 in certain particulars [ASSENTED TO 13TH AUGUST, 1990]

898 Jury Act Amendment Act 1990, No. 46 BE TI 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 . This Act may be cited as the Jury Act Amendment Act 1990. 2. Commencement . (1) This section and section 1 commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on a day appointed by Proclamation. 3. Principal Act and citation . (1) In this Act the Jury Act 1929- 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Jury Act 1929-1990. 4. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by inserting after the definition "Prescribed":- "Random selection by computer"-Selected by computer in such manner as is determined from time to time by the sheriff of Queensland;". 5. Amendment of s. 8. Exemption . Section 8 of the Principal Act is amended by- (a) omitting subsections (5) and (6) and substituting:- "(5) Where it appears to the sheriff of Queensland that an exemption of a senior male person or a female person obtained pursuant to subsection (3) of this section is of indefinite period the sheriff of Queensland shall take all steps necessary to ensure that until that person informs the sheriff in accordance with subsection (6) the name of that person is not included in any jury list prepared under section 13. (6) A person exempt for an indefinite period pursuant to subsection (3) of this section may, at any time, inform the sheriff by writing under the person's hand that he or she no longer desires to be so exempt and shall furnish to the sheriff such particulars as the sheriff requires of the person for the purposes of this subsection. If the sheriff is satisfied that the person in question is otherwise qualified and liable to serve as a juror the sheriff (if he is not the sheriff of Queensland) shall forthwith notify the sheriff of Queensland that the person is no longer exempt from serving on any jury. Thereupon the sheriff of Queensland shall take all steps necessary to ensure that the person's name is included in the jury list in question as the name of a person apparently qualified, and not exempt, to serve as a juror.".

Jury Act Amendment Act 1990, No. 46 899 6. Amendment of s. 8A. Persons selected as jurors and prospective jurors temporarily exempt. Section 8A of the Principal Act is amended by- (a) in subsection (1), omitting "(1)"; (b) omitting subsection (2). 7. Repeal of and new ss. 12 and 13 . The Principal Act is amended by repealing sections 12 and 13 and substituting:- "12. Duty of Principal Electoral Officer. The Principal Electoral Officer shall- (a) furnish to the sheriff of Queensland such information obtained in the course of duty by him or his officers employed in the administration of the Elections Act1983-1989; and (b) permit the sheriff of Queensland to have such access to that information, as is required by the sheriff of Queensland for the purposes of this Act. 13. Jury lists. (1) The sheriff of Queensland, from information furnished or obtained under section 12, before 31 December in each year and otherwise as the sheriff of Queensland considers necessary for the purposes of this Act, shall prepare for each jury district a jury list of persons who are apparently qualified to serve, and not exempt from serving, as jurors for that district. (2) The sheriff of Queensland shall forward to each other sheriff the jury list for the other sheriff's jury district. (3) From time to time as the sheriff considers necessary, the sheriff shall make or cause to be made such inquiries as appear to him to be reasonable and practicable for the purpose of ascertaining whether persons whose names are on any list prepared under subsection (1) for the sheriffs jury district are not qualified or are exempt from serving as jurors for the jury district. (4) The sheriff shall strike out from a list prepared under subsection (1) the name of any person whom he knows or ascertains under subsection (3) to be a person who is not qualified to serve, or is exempt from serving, as a juror for the jury district in question. (5) (a) This subsection does not apply to- (i) the jury district of Brisbane; and (ii) any other jury district prescribed under section 24A (1) (b).

900 Jury Act Amendment Act 1990, No. 46 (b) The sheriff- (i) shall cause the names of persons contained in the jury list for his jury district to be numbered and for each of those numbers to be printed or written on separate cards of the same size and shape and having thereon respectively the name of the court town for which the jury list has been made; and (ii) shall put all those cards by themselves in the jurors in use box and there safely keep them to be used as prescribed. The sheriff shall lock and seal the box and keep it and the jury list so that no person has access to the box or list except as prescribed. (6) The sheriff on ceasing to be sheriff- (a) shall deliver the jury list; and (b) if the sheriff is sheriff for a jury district other than one referred to in subsection (5) (a), shall also deliver all boxes and cards relating to the jury list, to the succeeding sheriff. (7) Where, pursuant to subsection (4) or section 8 (4), the sheriff strikes out from a list the name of any person, the sheriff of Queensland shall within 14 days from that date notify the Principal Electoral Officer, in writing, of the name of that person.". 8. Repeal of s. 14A. Sheriff to notify Principal Electoral Officer of certain matters . Section 14A of the Principal Act is repealed. 9. Amendment of s. 15. Boxes for cards . Section 15 (6) of the Principal Act is amended by omitting "subsection (2) of section 13 of this Act" and substituting "section 24A (1)". 10. Amendment of s. 24 . Prospective jurors ' list. Section 24 (4) of the Principal Act is amended by, in the first paragraph, after "therefor" inserting "by the sheriff". 11. Repeal of and new s. 24A. Prospective jurors ' lists in particular districts . The Principal Act is amended by repealing section 24A and substituting:- "24A. Prospective jurors' lists in Brisbane , etc., districts. (1) This section applies to- (a) the jury district of Brisbane; and (b) any other jury district to which this section is prescribed, by Order in Council, to apply. (2) (a) Upon receipt of a jury precept or upon the making by the Court of an order to summon jurors, the sheriff shall

Jury Act Amendment Act 1990, No. 46 901 determine for criminal and civil sittings respectively the number of persons as prospective jurors that he deems sufficient, having regard to possible excusals pursuant to this Act, to provide a panel of persons to be summoned as jurors to be annexed to the precept or order upon its return. (b) Where the sheriff is of the opinion that a further order or further orders to summon jurors is or are likely to be made during a sittings he may add to the number determined by him under paragraph (a) such number of persons that he considers sufficient to comply with such further order or orders. The number determined under paragraph (a) together with the number added thereto under this paragraph (b) is to be taken to be the number determined under paragraph (a) in lieu of the number first determined under that paragraph. (3) The sheriff (other than the sheriff of Queensland) shall forward to the sheriff of Queensland each number determined under subsection (2). (4) The sheriff of Queensland with respect to each number determined under subsection (2) shall cause a random selection by computer to be made from information furnished or obtained under section 12 for each jury district in order to prepare a jury list, called the "prospective jurors' list". The random selection by computer is to be made from the names of electors for each jury district who are apparently qualified to serve, and not exempt from serving, as jurors for that district for the criminal or, as the case may be, the civil sittings of the Court for which the precept or order has been issued. (5) In the preparation of the prospective jurors' list, the sheriff of Queensland shall cause- (a) the name of each person selected together with the place of abode and the occupation or description of the person (as shown on the jury list) to be entered on the prospective jurors' list; (b) to be produced a notice, addressed to each person whose name appears on the list, that the person may be required to attend as a juror at the Court specified therein. (6) The notice referred to in subsection (5) (b) shall be in or to the effect of the form prescribed and shall incorporate a form of questionnaire calculated to elicit from the person to whom it is directed- (a) whether the person is qualified and liable to serve as a juror and, if the person claims to be not so qualified and liable, the reason therefor; (b) whether the person applies to be excused from service as a juror and, if so, the ground upon which the application is made;

902 Jury Act Amendment Act 1990, No. 46 and (c) where the person is a senior male person or a female person, whether exemption from serving on any jury is applied for without giving any reason therefor. (7) The sheriff of Queensland shall cause each notice produced to be forwarded to the person named in the notice at the address shown therein. (8) The sheriff of Queensland shall sign the prospective jurors ' list, seal it with his seal of office and forward it to the sheriff. (9) A person to whom a notice is given pursuant to subsection (7) shall truthfully complete the form of questionnaire incorporated therein and return it to the sheriff within the time specified in the notice. A person who contravenes or fails to comply with this subsection commits an offence against this Act. Penalty: 2 penalty units. (10) A person referred to in subsection (9) who is a senior male person or a female person may indicate in the form of questionnaire that application is made for exemption from serving on any jury. Such a form, so completed, is to be given the same effect as if it were a writing given to the sheriff under section 8 (3) and the provisons of that section and of section 8 (4), (5) and (6) apply to the form and the senior male person or female person accordingly.". 12. Amendment of s. 25 . Summoning of jurors . Section 25 of the Principal Act is amended by- (a) in subsection (1), in the second paragraph, after "ballot" inserting "or random selection by computer"; (b) in subsection (2A), omitting the second paragraph and substituting:- "The procedure to be followed in respect of the persons whose names are added to the prospective jurors' list is that prescribed by section 24A."; (c) in subsection (4), inserting after the first paragraph:- "Where the sheriff intends to act in accordance with this subsection he may request the sheriff of Queensland to forward the notices and forms prescribed by section 24A to the sheriff and the sheriff of Queensland shall comply with the request. Such forms and notices when given by the sheriff shall be deemed to be a compliance with section 24A (7).". 13. Amendment of s. 26 . Power to excuse jurors. Section 26 (5) of the Principal Act is amended by after "ballot" inserting "or, as the case may be, random selection by computer".

Jury Act Amendment Act 1990, No. 46 903 14. Repeal of and new s. 27 . Jury list destroyed , etc. The Principal Act is amended by repealing section 27 and substituting:- "27. Jury list destroyed , etc. If at any time a jury list for a jury district has not been prepared under section 13 or the current jury list has been destroyed or lost or has become unfit for use or there has been a computer malfunction, the names of jurors, if the sheriff considers necessary, may be taken from the jury list last in existence for that jury district.".