Jury Amendment Act 1998 (TAS)

Jury Amendment Act 1998

An Act to amend the Jury Act 1899

[Royal Assent 18 December 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Jury Amendment Act 1998 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Jury Act 1899 is referred to as the Principal Act. 4Section 7C insertedAfter section 7B of the Principal Act , the following section is inserted: 7CPower of Sheriff to exempt person from jury service On application by a person who has served as a juror during the previous 3 years, the Sheriff may exempt that person from serving as a juror during the currency of an annual jury list. 5Section 9 substituted Section 9 of the Principal Act is repealed and the following section is substituted: 9Preparation of jury lists by Sheriff (1)  The Sheriff must each year prepare an annual jury list for each jury district in accordance with this section. (2)  A jury list has effect only during the year following the year in which it was prepared. (3)  A jury list for a jury district is to contain the names of such number of persons as the Sheriff considers adequate, selected in the manner prescribed from those enrolled on the State roll, but excluding the names of persons known to the Sheriff not to be qualified for serving as jurors or exempt from so serving. (4)  The selection of names for the jury list is to be made either by ballot or by use of a computer that is programmed to make random selection. (5)  The Chief Electoral Officer and the Commissioner of Police must, on request by the Sheriff, provide any information that is available to them in the course of their respective duties as the Sheriff may require for the purposes of this section. 6Sections 11 , 25 and 26 repealed Sections 11 , 25 and 26 of the Principal Act are repealed. 7Section 27 amended (Issue of precept for summoning jurors in criminal and civil cases) Section 27(1) of the Principal Act is amended by omitting "issues" and substituting "issues, civil issues or for the assessment of damages". 8Section 28 substituted Section 28 of the Principal Act is repealed and the following section is substituted: 28Drawing for jurors (1)  On receipt of a precept for the return of jurors for the trial of criminal issues, civil issues or for the assessment of damages, the Sheriff must, in accordance with the regulations, summon the number of jurors required to be summoned by the precept. (2)  The names of jurors summoned in respect of the precept are to be determined – (a) by ballot; or (b) by a computer that is programmed to make random selection from the names of all jurors included on the jury list for the appropriate year, excluding the names of those who have previously been summoned for jury service in that year. (3)  If any person whose name is selected is dead or absent from Tasmania or incapable of serving, or exempt from serving, as a juror, the Sheriff may select and summon an additional juror as required from the annual jury list in accordance with this section. 9Section 32 amended (Sheriff's return to precept) Section 32 of the Principal Act is amended by omitting "the cards drawn by him as aforesaid" and substituting "cards containing the names of the persons so summoned". 10Section 38A insertedAfter section 38 of the Principal Act , the following section is inserted: 38ADischarge of juror (1)  If, at any time during a trial for civil issues or for the assessment of damages, a juror dies or the judge is of opinion that a juror ought not to be required to continue to act as such, the judge may, instead of discharging the jury – (a) discharge that juror; and (b) direct that the trial is to proceed with the remaining jurors if they number not less than 6 – and the verdict of the remaining jurors is to have the same effect as if all the jurors had continued to be present. (2)  If, after a juror has been sworn, it appears to the judge from the juror’s own statement that he or she is not indifferent as between the parties to the proceedings or that for any other reason he or she ought not to be allowed or required to act as a juror in those proceedings, the judge may, without discharging the whole of the jury, discharge that juror and direct that another juror be sworn in his or her place. 11Section 69 amended (Regulations) Section 69(2)(b) of the Principal Act is amended by omitting "a method" and substituting "the selection of names for a jury list, including in particular a method". 12Schedule II amended (Forms) Schedule II to the Principal Act is amended by omitting Forms V , VI and VII and substituting the following forms: Form VForm of Summons Form VISwearing of Jurors in Civil Trials Form VIIAffirmation of Jurors in Civil Trials 13Criminal Code amended (1) Section 365 of the Criminal Code is amended by inserting ", or make the affirmation set out in form II," after "form I". (2) Section 372(6) of the Criminal Code is amended by inserting ", or make the affirmation set out in form IIIA," after "form III". (3)  Appendix D to the Criminal Code is amended as follows: (a) by omitting the heading and substituting the heading: "OATHS AND AFFIRMATIONS" (b) by omitting Oaths I and II and substituting the following Oath and Affirmation: Form IJuror's Oath in Criminal Trials Form IIJuror's Affirmation in Criminal Trials (c) by inserting the following Affirmation after Oath III. Form IIIAJuror's Affirmation on leaving court 14Evidence Act 1910 amended Section 126 of the Evidence Act 1910 is amended by inserting after subsection (3) the following subsection: (3A)  Subsections (2) and (3) do not apply to a juror’s oath.

[Second reading presentation speech made in:

House of Assembly on 2 DECEMBER 1998

Legislative Council on 8 DECEMBER 1998]