An Act to amend the Jury Act 1977 to prohibit improper inquiries by jurors and the disclosure of information by jurors; and for other purposes.
This Act is the Jury Amendment Act 2004.
This Act commences on the date of assent.
The Jury Act 1977 is amended as set out in Schedule 1.
(Section 3)
Insert after section 55D:
A judge may examine a juror on oath to determine whether a juror has engaged in any conduct that may constitute a contravention of section 68C.
A juror is not excused from a requirement to give evidence on such an examination on the ground that the evidence may tend to prove that the juror has committed an offence against section 68C.
However, if the judge is satisfied, after the evidence has been given, that the evidence may tend to prove that the juror has committed an offence against section 68C, the judge is to cause the juror to be given a certificate under this section in respect of the evidence.
In any proceedings for an offence against section 68C, evidence given by a person in respect of which a certificate under this section has been given cannot be used against the person.
Omit section 68A (1). Insert instead:
A person must not solicit information from, or harass, a juror or former juror for the purpose of obtaining information about:
(a) the deliberations of a jury, or
(b) how a juror, or the jury, formed any opinion or conclusion in relation to an issue arising in a trial or coronial inquest.
Maximum penalty on indictment: imprisonment for 7 years.
Insert after section 68A (4):
Subsection (1) does not prohibit a juror from soliciting information from another member of the jury during a trial or coronial inquest.
Omit section 68B (1) and (2). Insert instead:
A juror must not, except with the consent of or at the request of the judge or coroner, wilfully disclose to any person during the trial or coronial inquest information about:
(a) the deliberations of the jury, or
(b) how a juror, or the jury, formed any opinion or conclusion in relation to an issue arising in the trial or coronial inquest.
Maximum penalty: 20 penalty units.
A person (including a juror or former juror) must not, for a fee, gain or reward, disclose or offer to disclose to any person information about:
(a) the deliberations of a jury, or
(b) how a juror, or a jury, formed any opinion or conclusion in relation to an issue arising in a trial or coronial inquest.
Maximum penalty: 50 penalty units.
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