Jury Acts and Another Act Amendment Act of 1964 (Qld)

374 (i ueenslanbr ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 41 of 1964 An Act to Amend "The Jury Acts, 1929 to 1958 ," and "The District Courts Acts , 1958 to 1963," each in certain particular§ [ASSENTED TO 12TH NOVEMBER, 1964] 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:- PART I-PRELIMINARY 1. (1) Short title . This Act may be cited as " The Jury Acts and Another Act Amendment Act of 1964." 2. Parts of Act. This Act is divided into Parts as follows:- PART I- PRELIMINARY; PART II-AMENDMENTS OF " THE JURY ACTS, 1929 TO 1958 "; PART III-AMENDMENTS OF " THE DISTRICT COURTS ACTS, 1958 TO 1963." PART II-AMENDMENTS OF " THE JURY ACTS, 1929 TO 1958 " 3. (1) Interpretation . This Part of this Act shall be read as one with " The Jury Acts, 1929 to 1958." (2) Collective title. " The Jury Acts, 1929 to 1958," and this Part of this Act may be collectively cited as " The Jury Acts, 1929 to 1964." 4. Amendment of s. 2. Section two of " The Jury Acts, 1929 to 1958," is amended by omitting the words and numeral " PART IV-JURY BOOKS OR LISTS " and inserting in their stead the words and numeral " PART IV-JURY LISTS ".

Jury Acts and Another Act Amendment Act of 1964, No. 41 375 5. Amendments of s. 3. Section three of " The Jury Acts, 1929 to 1958," is amended by- (a) inserting before the definition " Civil trial " the following definition:- " " Card "-With reference to the contents of a box prescribed by section fifteen of this Act, includes a parchment;"; (b) omitting the definition " Householder "; and (c) inserting before the definition " Police Officer " the following definition:- Parchment "-With reference to the contents of a box prescribed by section fifteen of this Act, includes a card ". 6. Amendments of s. 6 . Section six of " The Jury Acts, 1929 to 1958," is amended by- (a) in subparagraph (i) of the first paragraph omitting the words " and who is a householder,"; and (b) in subparagraph (ii) of the first paragraph omitting the words " being a householder ". 7. Amendment of s. 10 (2). Subsection (2) of section ten of " The Jury Acts, 1929 to 1958," is amended by omitting the first paragraph and inserting in its stead the following paragraph- "The sheriff or his deputy, as the case may be, may excuse from attending as a juror any person thereunto summoned by him who applies in writing to him to be so excused and who satisfies him that there is good reason why such person should be so excused.". 8. Repeal of and new Part IV. " The Jury Acts, 1929 to 1958," are amended by repealing Part IV, being sections twelve, thirteen, fourteen, and sixteen, and inserting in its stead the following Part and sections:- " PART IV-JURY LISTS [12.] Duty of Principal Electoral Officer. The Principal Electoral Officer shall, as soon as possible after the completion thereof, furnish to the sheriff a copy of every annual roll containing the names of persons who are apparently qualified, and not exempt, to serve as jurors for any jury district, and shall indicate on such copy the names of such persons. The Principal Electoral Officer shall also give to the sheriff such other information obtained in the course of duty by him or by officers employed in the administration of " The Elections Acts, 1915 to 1962," as is required by the sheriff for the purposes of this Act. [13.] Jury lists. (1) There shall be an annual jury list for each and every jury district. The sheriff shall in each year make such list under, subject to and in accordance with the provisions of this Act. (2) (a) This subsection applies to- (i) the Jury District of Brisbane; and (ii) any other jury district to which the Governor in Council, who is hereby thereunto authorized, prescribes by Order in Council published in the Gazette that this subsection applies. (b) For the purpose of making the annual jury list for the Jury District of Brisbane or for any other jury district to which this subsection applies, the sheriff shall choose by ballot such number (being not less than three thousand in the case of the Jury District of Brisbane or, in the

376 Jury Acts and Another Act Amendment Act of 1964, No. 41 case of any other jury district, not less than the number specified by the Governor in Council in the Order in Council applying this subsection to that district) of the persons indicated in the copy or copies of the annual roll or rolls furnished to the sheriff by the Principal Electoral Officer as being apparently qualified, and not exempt, to serve as jurors for the district in question as the sheriff deems sufficient to enable him to make the jury list for the Jury District of Brisbane or, as the case may be, the other jury district in question. (c) If the number of persons chosen by ballot as prescribed by paragraph (b) of this subsection is found by the sheriff to be insufficient to enable him to make a list of the number of jurors he deems sufficient the sheriff may choose by a further such ballot or ballots additional persons until he obtains a sufficiency of persons qualified and liable to serve as jurors for the district in question to enable him to complete the making of the list. (d) For enabling him to conduct a ballot or ballots for the purpose of this subsection, the sheriff shall prefix to the name of every person indicated in the copy or copies of the annual roll or rolls furnished to the sheriff by the Principal Electoral Officer as being apparently qualified, and not exempt, to serve as a juror for the Jury District of Brisbane or, as the case may be, other jury district in question, a number so that all names so indicated shall be numbered in regular arithmetical progression beginning with the number 1. The sheriff shall cause the several numbers so prefixed by him to be printed or written upon separate cards of the same size and shape, and having thereon the name of the court town in question, and shall put all such cards together by themselves in the apparently qualified jurors box, and shall there safely keep the same to be used for conducting any ballot for the purposes of this subsection as nearly as may be as prescribed by section twenty-four of this Act so far as relates to the selection of jurors to be summoned. (3) The annual jury list for a jury district shall comprise- (a) in the case of the Jury District of Brisbane or any other jury district to which subsection (2) of this section applies, the names of such and so many of the persons chosen by the sheriff by a ballot or ballots as prescribed by subsection (2) of this section, as are qualified and liable to serve as jurors for the district; (b) in the case of any other jury district, the names of such and so many of the persons indicated in the copy or copies of the annual roll or rolls furnished to the sheriff by the Principal Electoral Officer as being apparently qualified, and not exempt, to serve as jurors for such district as are qualified and liable to serve as jurors for the district. (4) The sheriff shall prefix- (a) to the jury list, the name of the court city or court town of the jury district for which such list is made; and (b) to every name appearing in such list, a number so that all names listed shall be numbered in regular arithmetical progression beginning with the number I prefixed to the first name in the list. (5) The sheriff shall cause the several numbers contained in the jury list to be printed or written upon separate cards of the same size and shape, and having thereon respectively the name of the court city or court town for which the jury list has been made, and shall put all such cards together by themselves in the jurors in use box, and shall there safely keep the same to be used as prescribed.

Jury Acts and Another Act Amendment Act of 1964, No. 41 377 The sheriff shall lock and seal such box and keep the same and the jury list so that no person shall have access to such box or list except as prescribed. (6) In every year, the making of the annual jury list shall be completed before the first day of June, and such jury list shall be brought into use on that day and shall be used for one year from and including that day. (7) The sheriff on quitting his office shall deliver the jury list and all boxes and cards pertaining thereto to the succeeding sheriff. (8) For the purposes of this section every claim for enrolment as an elector shall state the age of the claimant. [14.] Duty of police . It shall be the duty of members of the Police Force to render every assistance in the making of the jury lists and to undertake any inquiries that the sheriff may require in the administration of this Act. [15.] Boxes for cards . (1) For every court town, the sheriff shall provide and keep in his office the following boxes, namely- (a) In the case of a court town for the Jury District of Brisbane or for any other jury district to which subsection (2) of section thirteen of this Act applies, a box called the "Apparently Qualified Jurors " box; (b) A box called the " Jurors in Use " box; and (c) A box called the " Jurors in Reserve " box. (2) Every such box shall have legibly painted thereon the name of the court town for which it is provided and kept and the name of the box. (3) Every such box- (a) shall be of substantial construction; (b) shall be of circular or octagonal shape with flat ends and an axle on each of such ends; (c) shall have an aperture, which aperture shall be provided with a lid capable of being locked, be equidistant from each end of the box, and be of sufficient size to admit the hand. (4) The sheriff shall provide and keep in his office a frame of substantial construction so that when placed horizontally on such frame the apparently qualified jurors box or the jurors in use box can easily be made to revolve on its axles in the manner and for the purposes prescribed. (5) The sheriff shall cause every box which he is required by this section to provide and keep in his office to be at all times securely locked, and shall keep the keys thereof in safe custody, so that no person shall have access to the contents of the box except as prescribed." 9. Repeal of and new s. 22. " The Jury Acts, 1929 to 1958," are amended by repealing section twenty-two and inserting in its stead the following section:- " [22.] Jury precepts . (1) (a) It shall be lawful for the Supreme Court or a Circuit Court to issue jury precepts. Where by reason- (i) that more than two Judges are, by appointment by rule of court or by arrangement, to take concurrently the whole or part of any criminal sittings of the Supreme Court or a Circuit Court; or

378 Jury Acts and Another Act Amendment Act of 1964, No. 41 (ii) that the whole or part of such a sittings is to be held at the same time and place as a criminal sittings of the District Court, such criminal sittings, or such criminal sittings and criminal sittings of the District Court, are appointed or arranged to be taken by three or more Judges sitting concurrently, it shall be lawful for the Supreme Court or such Circuit Court to issue concurrently two jury precepts. (b) The form of a jury precept may be prescribed by rules of court and thereupon such a precept shall be in or to the effect of the prescribed form. Until the form thereof is so prescribed a jury precept shall be in or to the effect of the following form:- THE JURY ACTS, 1929 TO 1964 " Jury Precept To the Sheriff of Queensland or his Deputy. Pursuant to the abovementioned Acts you are required to cause to attend before the [insert the style of the Court] Court at the Court House at , on [here insert the day of the week], the day of ' 19 , and from day to day thereafter, persons of the Jury District of aforesaid, duly qualified according to law as jurors to make a jury for all such matters as shall he required of them during such attendance. - You are further required to produce this Precept with a panel annexed thereto containing the names of those jurors as by law is required of you. Dated this day of , 19 By the Court, A.B., Registrar [or Associate]. (2) In respect of any criminal sittings of the Supreme Court or a Circuit Court which is appointed for longer than two weeks, it shall be lawful -for such Court to issue a second jury precept or, where two concurrent jury precepts were issued in the first instance and having regard to the reason for the issue thereof, two concurrent second jury precepts. Such second precept shall require the persons thereby required to attend before the Court in question to so attend on a day not earlier than the fourteenth day after the day appointed for the commencement of the criminal sittings in question , and from day to day thereafter. The number of persons to be required by a second jury precept to be summoned shall be determined as prescribed by subsection (5) of this section. (3) Where a second jury precept is issued in respect of a criminal sittings of the Supreme Court or a Circuit Court, the jurors in attendance at such criminal sittings pursuant to the first jury precept issued therefor shall by order of the Court or a Judge be excused and discharged from further attendance thereat from and including the day specified by such second jury precept for the attendance of the jurors thereby required to be summoned: Provided that jurors in any criminal trial commenced before and proceeding on the day so specified by the second jury precept shall not be excused and discharged from further attendance pursuant to this subsection until the completion of such trial.

Jury Acts and Another Act Amendment Act of 1964, No. 41 379 (4) Every jury precept shall be delivered by the registrar or associate by whom it is signed to the sheriff or other person to whom it is directed not less than twenty-one days before it is returnable and shall require the sheriff or such other person to summon not less than the number of persons prescribed by subsection (5) of this section. (5) In respect of any criminal sittings of the Supreme Court or a Circuit Court, unless the Court or a Judge otherwise orders the number required by a jury precept to be summoned shall be thirty-six persons and additionally-- (a) where two or more Judges are, by appointment by rule of court or by arrangement, to take concurrently the whole or part of such sittings; or (b) where the whole or part of such sittings is to be held at the same time and place as a criminal sittings of the District Court, twelve persons for each judge (whether a Judge or a Judge of the District Court) in excess of one: Provided that, unless the Court or a Judge otherwise orders, where two concurrent jury precepts are issued the numbers required by such precepts respectively to be summoned shall be forty-eight persons, being the persons whose names are first duly drawn, and thirty-six persons and additionally twelve persons for each judge in excess of three. (6) The number required by a jury precept to be summoned for a civil action or other civil proceeding shall be twelve persons. (7) The panel in excess of thirty-six persons summoned to serve as jurors at a criminal sittings of the Supreme Court or a Circuit Court shall- (a) if part only of such sittings is taken by two or more Judges, for the purpose of the continuation thereof by a single Judge; or (b) where such sittings is held at the same time and place as a criminal sittings of the District Court for the purpose of the continuation of either such sittings which, after the termination of the other, is continued by a single Judge or, in the case of the District Court, a single judge of that Court, be reduced to thirty-six persons unless the Court or a Judge otherwise orders. Jurors to the number necessary to so reduce the panel, being jurors whose numbers were first drawn upon the selection of persons to serve as jurors at the criminal sittings in question shall be excused and discharged from further attendance at the criminal sittings of the court which is so continued during such continuance. A person summoned to serve as a juror at both the civil sittings and the criminal sittings of a Circuit Court shall not, by virtue of being excused and discharged under this subsection from further attendance at such criminal sittings, be excused or discharged from attendance as a juror at such civil sittings. (8) Where criminal sittings and civil sittings of a Circuit Court are appointed for the same day at any place, the precept may require the sheriff or other person to whom it is addressed to summon qualified persons to the number prescribed by subsection (5) of this section or ordered, as the case may be, to serve as jurors at such criminal sittings and may also require him to summon twelve of the said persons, being those whose names are first duly drawn, to serve as jurors at such civil sittings.

380 Jury Acts and Another Act Amendment Act of 1964, No. 41 Where a second jury precept is issued the requirement prescribed by this subsection shall be made therein. In such case notwithstanding that such requirement was not made by the first jury precept, if the civil sittings commences earlier than the fourteenth day after the day appointed for the commencement of the criminal sittings the Court or a Judge may order that twelve of the jurors in attendance at the criminal sittings pursuant to the first jury precept issued therefor, being those whose names were first duly drawn, shall serve as jurors at such civil sittings and those jurors shall serve accordingly as if they had been summoned to so serve pursuant to the first jury precept. (9) In the application of subsections (7) or (8) of this section, panels of jurors summoned pursuant to two concurrent jury precepts, whether such precepts were issued in the first instance or as second jury precepts, shall be deemed to be one panel" 10. Amendment of s. 23 . Section twenty-three of " The Jury Acts, 1929 to 1958," is amended by omitting the words " and cause a copy of the panel to be delivered to the clerk of petty sessions ". 11. Amendments of s. 25 . Section twenty-five of " The Jury Acts, 1929 to 1958," is amended by- (a) in the form set out in subsection (1) omitting the words " to be holden "; and (b) in subsection (2) inserting after the words " cannot by reason of illness attend at the Court " the words " or have not an adequate knowledge of the English language ". 12. Amendment of s. 32 (1A). Subsection (1A) of section thirty-two of " The Jury Acts, 1929 to 1958," is amended by adding the words " or, where more persons than one are jointly arraigned, the aggregate of the peremptory challenges allowed to them ". 13. Amendment of s. 44 . Section forty-four of " The Jury Acts, 1929 to 1958," is amended by omitting the words " with necessary fire and lights and with such reasonable refreshment, if any, as the Court may allow " and inserting in their stead the words " with such accommodation, meals and refreshment as the Court may allow ". PART III-AMENDMENTS OF " THE DISTRICT COURTS ACTS, 1958 TO 1963 " 14. (1) Construction of Part III . This Part III of this Act shall be read as one with " The District Courts Acts, 1958 to 1963." (2) Collective title. " The District Courts Acts, 1958 to 1963," and this Part of this Act may be collectively cited as " The District Courts Acts, 1958 to 1964." 15. Amendment of s. 29 . Section twenty-nine of " The District Courts Acts, 1958 to 1963," is amended by omitting subsection (3) and inserting in its stead the following subsection:- " (3) In respect of any criminal sittings of the District Court , unless a Judge of the District Court otherwise orders the number required by a jury precept issued pursuant to this section to be summoned shall

Jury Acts and Another Act Amendment Act of 1964, No. 41 381 be thirty-six persons and additionally, where two or more Judges of the District Court are to take concurrently the whole or part of such sittings, twelve persons for each judge in excess of one: Provided that in the case of any two concurrent precepts the numbers required by such precepts respectively to be summoned shall be as prescribed by the proviso to subsection (5) of section twenty-two of " The Jury Acts, 1929 to 1964." Where part only of any criminal sittings of a District Court is taken by two or more District Court Judges, for the purpose of the continuation of such sittings by a single District Court Judge the panel of persons summoned to serve as jurors shall be reduced to thirty - six persons unless a District Court Judge otherwise orders. Jurors to the number necessary to so reduce the panel, being jurors first drawn upon the selection of persons to serve as jurors at the criminal sittings in question shall, by order of a District Court Judge, be excused and discharged from further attendance at such continued criminal sittings of the District Court during such continuance. A person summoned to serve as a juror at both the civil and the criminal sittings of a District Court shall not, by virtue of being excused and discharged under this subsection from further attendance at such criminal sittings , be excused or discharged from attendance as a juror at such civil sittings."