An Act to amend the Jury Act 1977 with respect to the death and discharge of jurors and to make related amendments to the Criminal Appeal Act 1912; and for other purposes.
This Act is the Jury Amendment Act 2008.
This Act commences on a day or days to be appointed by proclamation.
The Jury Act 1977 is amended as set out in Schedule 1.
The Criminal Appeal Act 1912 is amended as set out in Schedule 2.
This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Omit “In” from section 19 (1).
Insert instead “Except as provided by section 22, in”.
Omit “Subject” from section 20 (1).
Insert instead “Except as provided by section 22 and subject”.
Insert “, except as provided by section 22,” after “shall”.
Omit “The”. Insert instead “Except as provided by section 22, the”.
Omit “whether as being through illness incapable of continuing to act or for any other reason”.
Insert instead “under Part 7A”.
Omit “so orders”.
Insert instead “orders that the trial or coronial inquest continue with a reduced number of jurors under Part 7A”.
Insert after Part 7:
The court or coroner must discharge a juror if, in the course of any trial or coronial inquest:
(a) it is found that the juror was mistakenly or irregularly empanelled, whether because the juror was disqualified or ineligible to serve as a juror or was otherwise not returned and selected in accordance with this Act, or
(b) the juror becomes disqualified from serving, or ineligible to serve, as a juror, or
(c) the juror has engaged in misconduct in relation to the trial or coronial inquest.
In this section:
(a) conduct that constitutes an offence against this Act, or
Note— For example, under section 68C it is an offence for a juror to make certain inquiries except in the proper exercise of his or her functions as a juror.
(b) any other conduct that, in the opinion of the court or coroner, gives rise to the risk of a substantial miscarriage of justice in the trial or inquest.