Jury Acts Amendment Act of 1967 (Qld)

105 Quallslarlbr ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1967 An Act to Amend "The Jury Acts, 1929 to 1964," in certain particulars [ASSENTED TO 7TH APRIL, 1967] 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. (1) Short title . This Act may be cited as "The Jury Acts Amendment Act of 1967." (2) Principal Act. " The Jury Acts, 1929 to 1964," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Jury Acts, 1929 to 1967."

106 Jury Acts Amendment Act of 1967, No. 16 2. Commencement of this Act. (1) Save as is otherwise provided by this section, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (2) The provisions of section four of this Act shall come into operation within each jury district on a date fixed in respect of the jury district in question by the Governor in Council by Proclamation published in the Gazette. The Governor in Council may make a Proclamation pursuant to this subsection in respect of more than one jury district and, if he does so, may fix different such dates in respect of each of such jury districts. 3. Amendment to s. 3 . Section three of the Principal Act is amended by inserting before the definition " Card " the following definition:- ""Annual roll "-The annual roll of the electors in an electoral district as prescribed by " The Elections Acts, 1915 to 1965 ";'". 4. Repeal of and new s. 6 . Section six of the Principal Act is repealed and the following section is inserted in its stead:- [6.1 Qualification . (1) Every person who is- (a) resident in Queensland; (b) under sixty-five years in the case of a male or under sixty years in the case of a female; and (c) enrolled on an annual roll for the time being, shall, subject to this Act, be qualified and liable to serve as a juror at any trial within the jury district in which the person in question is shown by such annual roll to reside. (2) Every person whose name is included in an annual jury list as a juror shall be liable to serve as such, notwithstanding that he or she may have been entitled by reason of some disqualification or exemption to claim that his name ought not to be included in such list as a juror. The provisions of this subsection shall not be construed to prevent the discharge by the sheriff or the Court from attendance as a juror of any person who establishes to the sheriff or, as the case may be, the Court that he is disqualified or exempt from serving as a juror. When a person whose name appears on a panel of jurors is discharged from attendance on the ground that he is disqualified or exempt from serving as a juror the provisions of subsection (5) of section twenty-six of this Act shall operate and apply as if such person had been excused from attendance as a juror." 5. Amendments to s. 8 . Section eight of the Principal Act is amended by- (a) in subsection (I)- (i) adding to paragraph (iv) the words " monks, nuns and other members under vows of any religious community which requires its members to be under vows and postulants for membership of such a community;"; (ii) omitting paragraph (vii) and inserting in its stead the following paragraph:- (vii) Medical practitioners, dentists, pharmaceutical chemists, nurses, nursing aides and physiotherapists, all being duly registered or enrolled and in actual practice;".

Jury Acts Amendment Act of 1967, No: 16 107 (iii) omitting paragraph (xvii) and inserting in its stead the following paragraph:- (xvii) Female persons who have informed the sheriff, as prescribed by this Act, that they desire to be exempt from serving on any jury and whose exemption thus obtained continues in force as prescribed by this Act;"; (b) adding the following subsections:- " (3) A female person may, at any time (except while she is required to attend as a juror at the Court upon any day of the sittings in question of the Court) and from time to time by writing under her hand, inform the sheriff that she desires to be exempt from serving on any jury. Upon receipt by the sheriff of such a writing the informant shall be exempt and, for so long as such exemption continues in force, shall continue to be exempt from serving on any jury within the jury district within which she was hitherto liable to so serve and within every other jury district within which she may thereafter be shown by an annual roll to reside. An exemption obtained pursuant to this subsection shall continue in force for the period specified in the writing informing the sheriff as aforesaid and, if such a period is not specified, shall continue in force until the informant otherwise indicates as prescribed by subsection (6) of this section. (4) Upon receipt by him of a writing referred to in subsection (3) of this section the sheriff shall forthwith strike out (but not obliterate) the name and other particulars of the informant from such of them the current annual jury list, the prospective jurors' list and the panel of jurors intended to be summoned as contain the informant's name and shall take all steps necessary to ensure that the informant 's name does not, during the period her exemption continues in force, appear in an annual jury list, a prospective jurors' list or a panel of jurors intended to be summoned made or completed for his jury district after the date of the receipt by him of such writing. (5) Where it appears to the sheriff that an exemption of a female person obtained pursuant to subsection (3) of this section is likely to continue to the next ensuing completion by the Principal Electoral Officer of the relevant annual roll or is of indefinite duration he shall notify that officer in writing that the female person in question is exempt from serving on any jury and the period of such exemption and thereupon the Principal Electoral Officer shall take all steps necessary to ensure that during the period of such exemption the name of the female person in question is not indicated on the copy of any relevant annual roll thereafter furnished by him to the sheriff as the name of a person apparently qualified, and not exempt, to serve as a juror. (6) A person exempted for an indefinite period from serving on any jury pursuant to subsection (3) of this section may, at any time, inform the sheriff by writing under her hand that she no longer desires to be so exempt and, if she does so, shall furnish to the sheriff such particulars as he may require of her 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 he shall forthwith notify the Principal Electoral Officer that she is no longer exempt from serving on any jury and thereupon the Principal Electoral Officer shall take all steps necessary to ensure that such person's name is indicated on the copy (furnished

108 Jury Acts Amendment Act of 1967, No. 16 by him to the sheriff) of the relevant annual roll completed next after the receipt by him from the sheriff of such notification as the name of a person apparently qualified, and not exempt, to serve as a juror." 6. Amendments to s. 10. Section ten of the Principal Act is amended by- (a) omitting subsection (2)` and inserting in its stead the following subsection:- " (2) Special power of Court to excuse female . The Court before which any female is summoned as a juror may, upon her application, excuse her from attendance as a juror during a particular trial by reason of the issues to be tried thereat or the nature of the evidence likely to be given thereon."; (b) in subsection (3), (i) omitting from the second paragraph the words " twenty pounds " and the words " five pounds " and inserting in their stead respectively the words " forty dollars " and the words " ten dollars "; (ii) omitting from the third paragraph the words " fifty pounds " and the words " ten pounds " and inserting in their stead respectively the words " one hundred dollars " and the words " twenty dollars ". 7. Amendment to s. 13 . Section thirteen of the Principal Act is amended by, in subsection (2), omitting from the second subparagraph of paragraph (d) the words "jurors to be summoned" and inserting in their stead the words " prospective jurors ". 8. Repeal of and new s . 23. Section twenty-three of the Principal Act is repealed and the following section is inserted in its stead:- " [23.] (1) Information regarding prospective jurors prohibited. A person shall not- (a) give notice of the day or time on or at which the sheriff will proceed to draw the names of persons as prospective jurors; (b) give any information concerning the names or the order of names appearing on a prospective jurors' list; (c) give notice of the day or time on or at which the sheriff will proceed to compile a panel of jurors intended to be summoned. (2) Panel of jurors to be published . Not more than two days before the jury precept is returnable or, where jurors have been summoned pursuant to an order of the Court to summon jurors, before the date upon which such persons are required to first attend as jurors at the Court the sheriff shall cause the panel of jurors to- be published in some conspicuous place in the Court House where the jurors summoned are thereby required to appear." 9. Repeal of and new s. 24. Section twenty-four of the Principal Act is repealed and the following section is inserted in its stead:-- (24.] Prospective jurors' list. (1) Upon receipt of a jury precept or upon the making by the Court of an order to summon jurors the sheriff shall proceed to draw the names of persons as prospective jurors at the Court for which such precept or order has been issued.

Jury Acts Amendment Act of 1967, No. -16 109 Such drawing shall be conducted in the presence of a registrar or, where the sheriff is himself a registrar, in the presence of another officer of the Supreme Court or of the Magistrates Court. (2) For the purpose of such drawing the sheriff shall cause the jurors in use box for the proper jury district to revolve on its axles for a convenient time and immediately thereafter shall draw out of such box such number of cards, one after another, as, having regard to possible excusals pursuant to this Act, he considers sufficient to provide a panel of persons to be summoned as jurors to be annexed to such precept or order upon its return. As each card is so drawn from the box the sheriff shall- (a) refer to the corresponding number in the annual jury list then current; (b) read aloud the name designated by such number; and (c).then and there cause such number and name together with the place of abode and the occupation or description of the person so named (as shown on the annual jury list) to be entered on a list callcd the " prospective jurors' list " for the purpose of providing such panel. (3) When the prospective jurors' list has been made as prescribed the sheriff shall- (a) sign such list and seal the same with his seal of office; (b) keep in a safe place the cards drawn from the jurors in use box for the purpose of such list until after the return date of such precept or, in the case of an order of the Court, until after the date upon which the persons whose names appear on such list may be required to first attend as jurors; and (c) cause to be given to each person whose name appears on such list a notice that he may be required to attend as a juror at the Court specified therein. Such notice shall be in or to the effect of the prescribed form and shall incorporate or be accompanied by a form of questionnaire calculated to elicit from the person to whom such notice is directed- (i) whether he is qualified and liable to serve as a juror and, if he claims to be not so qualified and liable, the reason therefor; and (ii) whether he applies to be excused from service as a juror and, if he does so, the ground upon which he so applies; and (iii) where such person is female, whether she seeks exemption from serving on any jury without assigning any reason therefor. (4) A person to whom a notice is given pursuant to subsection (3) of this section shall truthfully complete the form of questionnaire incorporated therein or given therewith and shall return such form to the sheriff within the time allowed therefor in such notice. Where such person, being female, indicates in such form of questionnaire that she seeks exemption from serving on any jury such form, so completed, shall be deemed to be a writing given to the sheriff under subsection (3) of section eight of this Act and the provisions of that subsection and of subsections (4), (5) and (6) of that section shall apply in respect of such writing and of the female person in question accordingly."

1 10 Jury Acts Amendment Act of 1967, No. 16 10. Repeal of and new s. 25. Section twenty-five of the Principal Act is repealed and the following section is inserted in its stead:- " [25.] Summoning of jurors. (1) Upon the expiration of the time allowed for the return to him of the forms of questionnaire referred to in section twenty-four of this Act the sheriff shall strike out (but not obliterate) from the prospective jurors' list the name of each person- (a) who, in his opinion, cannot be located or is not qualified and liable to serve as a juror; or (b) who is, pursuant to this Act, excused from service as a juror; or (c) who, being female, is exempted from serving on any jury under subsection (3) of section eight of this Act, and shall then, in accordance with the jury precept or order of the Court, compile from the names remaining on that list a panel of jurors intended to be summoned. Such a panel shall contain the names, places of abode and the occupations or descriptions of the jurors intended to be summoned and, for the purpose of compiling such panel, the sheriff shall take the names of such jurors, in the same order as those names appear on the prospective jurors' list. (2) If, at any time before the return cf the jury precept or, in the case of an order of the Court to summon jurors, before the date upon which the jurors are required to first attend as jurors, it appears to the sheriff that there are insufficient names remaining on the prospective jurors' list to duly complete a panel of jurors intended to be summoned he may add, subject to subsections (1) and (2) of section twenty-four of this Act, such number of names as he considers sufficient for the purpose of duly completing the panel. In respect of the persons whose names are so added the sheriff shall proceed as prescribed by subsection (3) of section twenty-four of this Act. (3) When a panel of jurors has been duly completed the sheriff shall issue to each juror named therein a summons. Such a summons shall be in or to the effect of the prescribed form and, until otherwise prescribed, shall be in or to the effect of the following form:- THE , JURY ACTS, 1929 TO 1967 " Jury District of Summons to a Juror In the Court at To In obedience to (insert the words " a jury precept " or " an enlarging order of the Court " whichever are appropriate) directed to me I hereby require you to appear and serve as a juror at the (title of Court) Court at on the day of 19 , at o'clock in the noon of that day, and subject to the abovementioned Acts you are to attend the said Court from day to day until you are discharged by the said Court. Given under my hand this day of , 19 Sheriff.

Jury Acts Amendment Act of 1967, No. 16 111 (4) Where the sheriff is satisfied that because of insufficient time between the date of the receipt by him of a jury precept or, as the case may be, of the making of an order of the Court to summon jurors and the day when the jurors intended to be summoned would be required to appear at the Court in question it is not practicable to comply with all of the provisions of section twenty-four of this Act and of the foregoing subsections of this section the sheriff may issue his summons to a juror to each person whose name appears on the prospective jurors' list at the same time as he gives the notices and forms of questionnaire prescribed by section twenty-four of this Act or without giving such notices and forms. When the sheriff acts pursuant to this subsection the prospective jurors' list shall be deemed to be the panel of jurors intended to be summoned." 11. New s. 26. The Principal Act is amended by inserting after section twenty-five the following section:- " [26.] (1) Power to excuse jurors . When the sheriff is of the opinion that any person to whom a notice prescribed by section twenty-four of this Act has been directed or who has been summoned to attend as a juror- (a) has not received such notice; or (b) cannot be served with such summons; or (c) is unable to attend at the Court because of illness, any medical reason or family responsibility; or (d) has not an adequate knowledge of the English language; or (e) is not qualified and liable to serve as a juror or is otherwise entitled to be excused from attendance as a juror; or (f) should be excused for good cause from attendance as a juror and has indicated in the form of questionnaire prescribed by section twenty-four of this Act that he wishes to be so excused or has otherwise applied in writing to be so excused, the sheriff may- (i) where such notice has been directed or summons issued pursuant to a jury precept, at any time before the jury precept, is returned; or (ii) where such notice has been directed or summons issued pursuant to an order of the Court to summon jurors, at any time before the date upon which such person may be required or is required to first attend as a juror at the Court, excuse such person from attendance as a juror at the Court in question. In this subsection the expression " family responsibility " means that obligation to which the prospective or summoned juror in question is subject which- (a) requires his presence elsewhere than at the Court in question for the purpose of caring for the day to day needs of any person resident in the place of abode of such juror, or for such needs of any other person where such care is provided otherwise than under a contract or arrangement which requires payment or reward to be made or given therefor; and (b) in the opinion of the sheriff reasonably prevents such juror from attendance as a juror at the Court.

1 12 Jury Acts Amendment Act of 1967, No. 16 (2) Sheriff to produce records. Upon. the day and at the place named in the jury precept or, as the case may be, order to summon jurors for the appearance of the jurors the sheriff shall produce to the Court- (a) all forms of questionnaires returned to him by prospective jurors notified pursuant to such precept or, as the case may be, order; (b) all applications and claims to be excused from attendance as jurors received by him from the persons notified or summoned pursuant to such precept or, as the case may be, order; (c) all documents in the sheriff's possession - relating to such applications or claims, and shall inform the Court of the reasons that any such person has been excused by him from attendance as a juror at such Court. (3) Certificates of excusal . When a Court is of the opinion that the reason for its excusing a person from attendance as a juror is of a continuing nature it may order that the sheriff issue to such person a certificate to continue in force for such period and subject to such conditions as the Court orders. When the sheriff is of the opinion that the reason for his excusing a person from attendance as a juror is of a continuing nature he may issue to such person a certificate to continue in force for the period and subject to the conditions specified therein. Unless he is satisfied that the person in question no longer has good cause to be so excused, the sheriff shall, as often as the occasion should require it, excuse from attendance as a juror a person to whom a certificate has been issued under this subsection, if such certificate remains in force, and who applies to the sheriff to be so excused by production of such certificate or otherwise. (4) Power of Court to excuse not affected . The provisions of this section shall not be construed to affect the power of a Court to excuse any person from attendance as a juror. (5) Substitution of juror for juror excused . When a person whose name appears on a panel of jurors is excused from attendance as a juror the sheriff shall strike out (but not obliterate) from the panel the name of the person so excused and shall add to the end of the panel the next name (and the prescribed particulars) remaining on the prospective jurors' list which does not appear on the panel of jurors. The person whose name is so added shall be summoned to attend as a juror and shall be deemed to have been duly so summoned notwithstanding that the summons was not served within the time prescribed." 12. New s . 26A. The Principal Act is amended by inserting after section twenty-six as inserted by this Act the following section:- " [26A.] Disposal of jury cards . Cards drawn from the jurors in use box for the purpose of compiling a prospective jurors' list shall be dealt with in the following manner:- (a) The sheriff shall place in the jurors in reserve box each such card which bears a number identical with a number which, in the annual jury list, designates a person-- (i) who attends the Court pursuant to a summons to attend as a juror; or

Jury Acts Amendment Act o f 1967, No. 16 1 13 (ii) who has been excused from attendance as a juror by the Court or the sheriff for a reason which appears to the Court or, as the case may be, sheriff to be likely to continue to the next ensuing making of the annual jury list; (b) The sheriff shall keep safely apart from cards to be otherwise disposed of under this section each such card which bears a number identical with a number which, in the annual jury list, designates a female person who is exempt from serving on any jury for a period which is not likely to continue to the next ensuing making of the annual jury list for so long as she continues to be so exempt and thereafter shall return such card to the jurors in use box; (c) The sheriff shall return to the jurors in use box the remainder of such cards. The cards placed in the jurors in reserve box shall remain therein until the remaining cards in the jurors in use box have been drawn out for the purposes of this Act or until the cards so placed are required to be used afresh in connection with the next ensuing making of the annual jury list." 13. New s. 26B. The Principal Act is amended by inserting after section 26A as inserted by this Act the following section:- " [26B.] Service of notices , questionnaires and summonses. (1) A notice or form of questionnaire to be given under section twenty-four of this Act or a summons issued under section twenty-five of this Act shall be duly given to the person to whom it is directed if- (a) it is served personally upon him; or (b) it is sent by post addressed to him at his place of abode; or (c) it is left at his place of abode in a sealed envelope addressed to him. (2) Unless the Court otherwise orders, a summons issued under section twenty-five of this Act, if it is sent by post, shall be posted at least six clear days before the date upon which the person to whom it is directed is required to first attend as a juror or, if it is served personally upon or is left at the place of abode of the person to whom it is directed, shall be so given at least four clear days before such date. (3) The sheriff shall cause every such notice, form of questionnaire or summons which is to be sent by post to be enclosed in an envelope which shall be sealed and shall bear thereon an address to which such document may, subject to any law or regulation of the Commonwealth, be returned in the event of its non-delivery and shall deliver the document to a post-office or shall cause such document to be so delivered by another person designated by him. (4) A certificate purporting to be under the hand and seal of office of the sheriff and endorsed, in the case of a notice or form of questionnaire, upon a copy of the prospective jurors' list in question or, in the case of a summons, upon a copy of the panel of jurors intended to be summoned in question, that- (a) a notice, form of questionnaire or summons was sent by post as prescribed to a person whose name appears on such list or, as the case may be, panel on a date tnerein certified; and

114 Jury Acts Amendment Act of 1967, No. 16 (b) such notice, form of questionnaire or summons would, in the ordinary course of post, be delivered to the place of abode of such person at the time therein certified; and (c) such notice, form of questionnaire or summons has not been returned to the address shown as prescribed upon its non- delivery, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in such certificate. (5) In this section the expression " place of abode " means, in relation to any person whose name appears on the prospective jurors' list in question, his place of abode shown on the current annual jury list, whether as that current list was first compiled or as altered from time to time by the sheriff (he being hereby empowered so to do) and in relation to any person whose name appears on the panel of jurors intended to be summoned in question means in addition, his place of abode shown on the prescribed form of questionnaire which he has completed and returned to the sheriff." 14. Amendment to s. 30. Section thirty of the Principal Act is amended by omitting the words " to every such juror or left at his or her usual or last known place of abode " and inserting in their stead the words " personally to every such juror or sent by post to or left at his place of abode last known to the sheriff ". 15. Amendments t^ s. 47. Section forty-seven of the Principal Act is amended by- (a) in the first paragraph- (i) omitting the words "A Court may " and inserting the words Save as is by this section prescribed, a Court may "; (ii) inserting after subparagraph (iv) the following symbol, word and subparagraph:- " 9 ; or (v) Upon any person who, having been duly given a notice incorporating or accompanied by a form of questionnaire under section twenty-four of this Act, fails to return to the sheriff within the time allowed therefor in such notice such form truthfully completed by him."; (b) omitting the second paragraph and inserting in its stead the following paragraphs:- "A fine imposed upon a person under subparagraph (v) of the preceding paragraph shall not be less than thirty dollars. A fine imposed upon a person under subparagraph (i) or (v) of the first paragraph of this section shall not be enforced if within twenty-one days after the date of imposition he satisfies the Judge who imposed such fine or, in his absence, the Court that he was unable to attend pursuant to summons or to answer to his name or, as the case may be, to return the form of questionnaire as prescribed because of illness or other sufficient cause.".

Jury Acts Amendment Act o f 1967, No. 16 115 16. Amendment to s. 51 . Section fifty-one of the Principal Act is amended by, in the first paragraph, inserting after the words " Rules of Court providing " the words " for all matters required or permitted by this Act to be prescribed and ".