Jury Trials Act 1839 No 12a (NSW)

No. XL

An Act to make further regulation with respect to Trial by J u r y in Criminal Issues in the Colony of New South Wales and to amend the form of proceeding in Criminal Prosecu­ tions in said Colony. [20th September, 1839.]

WH E R E A S t he re ign of H i s late Majesty K i n g George t h e F o u r t h in t i tu led

by an Act of Pa r l i amen t passed in t h e n i n t h year of

" An Act to provide for the Administration	of Justice in New South
" Wales and Van Diemen's Land and for the more effectual	Govern-

" ment thereof and for other purposes relating thereto" i t was a m o n g

o ther th ings provided Tha t un t i l fur ther provision should he made as thereinafter directed for proceeding by ju r ies all issues of fact jo ined on any informat ion prosecuted for any cr ime misdemeanor and offence cognizable in t he Supreme Cour t of said Colony in t h e n a m e of the A t t o r n e y Genera l or other officer duly appointed for such purpose by the Governor of said Colony should be t r ied b y one or more of t he J u d g e s of said Cour t and seven Commissioned Officers of H i s Majesty 's sea or l and forces whe the r on full or half pay to be nominated from t i m e to t ime for such purpose by the said Governor subject to such regula t ion as is there in specified A n d whereas it was by said Ac t also enacted " Tha t it should be lawful for H i s said Majesty H i s He i r s " and Successors by any Order to be by h i m or t h e m issued wi th t h e " advice of h is or the i r P r ivy Council a t any t ime or t imes thcre - " after to author ize the said Governor of N e w South Wales wi th t h e " advice of t h e Legislat ive Counci l thereof to extend and apply t h e " form and m a n n e r of proceeding by g rand and pe t i t ju r ies or e i ther " of t h e m in t he t r ia l of all crimes misdemeanors issues ma t t e r s and " th ings proper ly cognizable by ju r ies in such pa r t s of t h e said Colony " and its Dependencies a t sucli t imes and wi th and under and subject " to such l imi ta t ions modifications a n d ru les in respect thereof as to t he " said Governor and Counci l should seem meet and as should be " specified in any L a w or Ordinance to be by t h e m m a d e in t h a t behalf " and t h a t whenever and so far as such m a n n e r of proceeding by " ju r i es should from t ime to t ime be extended and applied as aforesaid " t h e n the form and m a n n e r of proceeding thereinbefore directed as to " t h e prosecut ion of offences should cease a n d d e t e r m i n e " A n d whereas by an Order in Council bear ing da te t he twen ty -e igh th day of J u n e one t housand e igh t hund red and t h i r t y H i s said la te Majesty was pleased by and wi th t h e advice of H i s P r ivy Counci l to give to t h e Governor of N e w Sou th Wales w i th t h e advice of t h e Legislat ive Counci l thereof such au thor i ty as aforesaid a n d whereas in pu r ­ suance of such Order in Counci l t he said Governor and Legislat ive Council h a t h from t i m e to t ime passed var ious Acts for t he ex tend ing

g rea t ly increased in popula t ion and a sufficient n u m b e r of respectable persons qualified to ac t as j u ro r s is to be found in all pa r t s of t h e said Colony where ju r ies are required it is deemed expedient t h a t t h e t r ia l of offences by a j u r y of seven Commissioned Officers as aforesaid should in fu ture be dispensed wi th in said Colony and t h a t all cr imes mis­ demeanors and offences cognizable in t h e Supreme Cour t of said Colony and prosecuted by information in t he n a m e of H e r Majesty 's A t to rney Genera l or o ther officer duly appointed for such purpose bv

app ly ing and r egu la t i ng of pe t i t jur ies for t h e t r ia l of cr iminal issues

in said Colony A n d whereas t he said Colony h a t h of late years

b y the Governor of said Colony a n d al l issues of fact joined on every such informat ion shall be t r i ed by a j u r y of twelve of t he inhab i ­ t a n t s of said Colony only Be it therefore enacted Tha t from and after t h e thir ty-f i rs t day of October n e x t ensu ing all crimes misdemea­ nors a n d offences cognizable in t he said Supreme Cour t and prosecuted by informat ion in t h e n a m e of H e r Majesty 's A t to rney Genera l or other officer duly appointed for such purpose by t h e Governor of said Colony and all issues of fact jo ined on every such informat ion shal l be t r ied by a j u r y of twelve inhab i t an t s of said Colony and every such j u r y shal l be subject to such and the l ike rules regula t ions and provi­ sions as to the i r qualifications and exempt ions as a re made and pro­ vided in and by an A c t passed in t he second year of H i s la te Majesty K i n g Wi l l i am t h e F o u r t h in t i tu led " An Act for regulating the con- " stitution of Juries and for the Trial of Issues in certain cases in the " Supreme Court of New South Wales" which A c t has been cont inued from t ime to t i m e by var ious o ther Ac ts and also to such rules and regula t ions as are made and provided in and b y another A c t passed in t h e four th year of t h e re ign of H i s said la te Majesty K i n g Wi l l i am t h e F o u r t h in t i tu led " An Act to continue for a limited time an Act of " the Governor and Council of New South Wales intituled ' An Act " 'for regulating the constitution of Juries and for the Trial of Issues " * in certain cases in the Supreme Court of New South Wales and to " ' make further provision for Trial by Jury in Criminal Cases in said " ' Colony' " subject however to such a l te ra t ion as m a y hereafter by t h e Governor and Counci l be deemed expedient a n d t h a t from a n d after t h e thir ty-f irs t day of October n e x t ensu ing t h e t r i a l of offences by seven Commissioned Officers of H e r Majes ty ' s sea or land forces shall cease and determine.

2. A n d whereas by t h e said recited A c t of Pa r l i amen t i t was

fur ther enacted Tha t i t be lawful for t h e said Governor and Council t o in s t i t u t e Cour ts of Genera l a n d Quar t e r Sessions wi th in t h e said

Colony by Ordinances to be from t ime to t ime for t h a t purpose m a d e

and enacted as there inaf ter ment ioned and to give and g r a n t to such

Cour ts power and au tho r i t y to t a k e cognizance in a s u m m a r y way of all cr imes misdemeanors and other offences or misconduct no t pun ish­ able by dea th which h a d been or should be commit ted by any felons or o ther offenders who h a d been or should be t ranspor ted to t h e said Colony and whose sentences h a d not expired or had no t been remi t ted and also to give and g r a n t to such Cour ts power and au thor i ty to t ake cognizance of al l m a t t e r s and th ings cognizable in Cour ts of General

a n d Q u a r t e r Sessions in E n g l a n d so far as t h e circumstances and con­

dit ion of t he said Colony should requ i re and admi t Provided always t h a t all cr imes misdemeanors and offences n o t commit ted by such felons and other offenders as aforesaid shal l be prosecuted a n d t r ied before t h e said Cour ts of Genera l and Quar t e r Sessions in such a n d t h e same m a n n e r and subject t o all such and the same rules a n d regu­ la t ions in every respect as are thereinbefore m a d e and prescribed wi th respect t o t r ia ls before t he said Supreme Cour t and whereas in pur ­ suance of t he said Ac t of Pa r l i amen t Courts of General a n d Q u a r t e r Sessions have been ins t i tu ted in and for cer ta in dis tr icts and places in said Colony and i t is expedient and necessary to regu la te and to pro­ vide for t h e t r ia l of cr imes misdemeanors and offences cognizable in t h e said Cour t s of Genera l and Q u a r t e r Sessions respectively by pe t i t ju r i es of twelve inhab i t an t s of t h e said Colony in l ike m a n n e r as is hereinbefore directed wi th respect to t h e t r i a l of issues joined on cr imi­ na l informat ions in t h e Supreme Cour t Be i t therefore enacted T h a t from and after t h e thir ty-first day of October nex t ensu ing all cr imes misdemeanors and offences which shall be prosecuted in t he said Cour ts of Genera l and Q u a r t e r Sessions respectively shal l be t r ied

only

only by a j u r y of twelve inhab i tan t s of t h e said Colony who shall be subject to such and t h e l ike rules regula t ions and provisions as to the i r qualifications exempt ions and disqualifications as are here inbe­ fore m a d e and provided w i t h respect to pet i t jur ies for t r ia l of issues

jo ined on informat ions in t he Supreme Cour t and t h a t t h e t r i a l of

offences b y a j u r y of seven Commissioned Officers of H e r Majes ty ' s sea or l and forces shal l cease and determine Provided always t h a t no t h ing here in contained shall res t ra in or in any m a n n e r interfere w i th t h e power and au thor i ty by law vested in the said Cour ts of General and Q u a r t e r Sessions to t ake cognizance in a summary way of crimes mis­ demeanors and o ther offences no t punishable wi th death which have been or shal l be commit ted b y t r anspor ted felons or other offenders whose sentences have no t expired or been remit ted .