This Act may be cited as the Juries Act 1981.

Except as provided in subsection (3), this Act shall come into force on 1 May 1982.

Sections 5 to 10, 12, 35, and 36 shall come into force for the purposes of the constitution of jury districts and the preparation of new jury lists, but only for those purposes, on 1 January 1982.

In this Act, unless the context otherwise requires,—

For the purpose of issuing a summons under section 13 or for any applications made under any or all of sections 14A, 14AB, 14B, 14C, 15, 15A, and 29A, any requirement that the applications be made by writing or in the form of a document is satisfied by an electronic communication that, subject to any rules made under section 35, is in a form acceptable to the Registrar.

This Act binds the Crown.

Except as expressly provided in this Act, the provisions of this Act apply to all juries, whether for civil or criminal cases, and whether in the High Court or the District Court.

For every city or town (in this section referred to as a court town) at which sittings of the High Court are held there shall be a jury district (in this section referred to as a High Court jury district).

For every city or town (in this section also referred to as a court town) at which jury trials are held before an office of the District Court there shall be a jury district (in this section referred to as a District Court jury district).

Every jury district comprises every place that is within—

If, by virtue of subsection (3), a place would be in 2 or more jury districts (both or all of which are High Court jury districts, or both or all of which are District Court jury districts), the boundaries of each of those districts must be declared by the Governor-General, by notice in the Gazette given on the advice of the Minister of the Crown who is responsible for the Ministry of Justice, in such a way as to ensure that—

In considering what advice he or she should give for the purposes of subsection (4) in respect of any place to which that subsection applies, the Minister of the Crown who is responsible for the Ministry of Justice shall have regard to—

If jury districts for the relevant High Court and District Court Registries are co-extensive jury districts, the same jury list can be used—

Every person who is currently registered as an elector in accordance with the Electoral Act 1993 is qualified and liable to serve as a juror upon all juries that may be impanelled for any trial within the jury district in which the person resides. This section is subject to sections 7 and 8.

The following persons are not qualified to serve on any jury in any court on any occasion:

The following persons shall not serve on any jury in any court on any occasion:

Whenever the chief executive considers it expedient he or she may ask the Electoral Commission to prepare a jury list for 1 or more jury districts.

In relation to each jury list requested under subclause (1), the chief executive must advise the Electoral Commission of—

The Electoral Commission must, for each jury district, prepare a jury list containing a random selection of the names of people who, according to the electoral roll, reside in the jury district and are registered as electors.

A jury list must not contain the name of any person in respect of whom a direction is in force under section 115 of the Electoral Act 1993 that their name and address not be published.

The Electoral Commission must, within the time specified by the chief executive, forward a jury list for each jury district to the chief executive in accordance with the jury rules.

A jury list remains current until it is replaced by a new list provided by the Electoral Commission under section 10.

The chief executive must give the Registrar of the court to which a particular jury list relates a copy of, or access to, the jury list in a form that enables the Registrar to carry out his or her functions relating to the selection of juries.

The Registrar of a court to which a particular jury list relates must ensure that the jury list is kept confidential to—

The chief executive must ensure that jury lists forwarded to him or her under section 10 are kept confidential to—

A jury list may be disclosed by an order of the court or a Judge for the purpose of any proceedings relating to the validity of the jury list or a jury panel or to the eligibility of any juror.

The Registrar may at any time amend a jury list relating to his or her court by deleting from it the name of any person who is—

In exercising the power to amend the jury list, the Registrar may act on his or her own knowledge, or on such evidence as he or she considers satisfactory.

Where jury trials are to be held in any court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the court for the purposes of the trials.

The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person.

The Registrar shall, before issuing any such summons, take all reasonable steps to ensure that the name of any person referred to in section 7 or section 8 is struck off the panel.

Every person who is summoned for jury service shall be liable to serve until the end of the week for which that person was summoned.

Subsection (3) does not apply to a person who is summoned for jury service if—

Despite subsections (3) and (3A), every juror who is sworn to try a case that continues beyond the end of the week for which the juror was summoned shall be bound to continue to serve until the determination of the case or until lawfully discharged by the court.

The Registrar must comply with a request to make a copy of a panel available for inspection by or on behalf of an eligible person if the request is made—

In subsection (1), eligible person means—

The court may allow any other person to inspect and copy a copy of the panel at any time during the period referred to in subsection (1).

The purpose of this section is to help to prevent names or other information disclosed in a copy of the panel from being used to facilitate actions (for example, actions prejudicing a juror’s safety or security) to interfere with the performance of a juror’s duties.

A barrister or solicitor to whom a copy of the panel is made available under section 14(1) because the barrister or solicitor is acting for a party to criminal proceedings, and any person acting on behalf of that barrister or solicitor,—

A barrister or solicitor to whom a copy of the panel is made available under section 14(1) because the barrister or solicitor is acting for a party to civil proceedings, and any person acting on behalf of that barrister or solicitor,—

Every person who, in connection with proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service, receives, or makes a copy or copies of, a copy of the panel must return the copy or copies to the Registrar or a member of the court registry staff as soon as practicable after the case is opened or the defendant is given in charge.

However, subsection (4) does not apply to—

A breach of subsection (2), (3), or (4) may be dealt with under subpart 2 of Part 2 of the Contempt of Court Act 2019.

The Registrar must comply with a request to make a copy of protected particulars excluded from a panel under section 13(1A) available for inspection by an eligible person if the request is made—

In subsections (1) and (4), eligible person means—

A barrister or solicitor to whom a copy of protected particulars is made available under subsections (1) and (2)(a) or (b) must use the copy or any copies of it (the document) to help the party referred to in subsection (2)(a) or (b) to exercise rights of challenge under sections 23 to 26.

However, an eligible person (despite subsection (3)),—

Every person who, in connection with proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service, receives, or makes a copy or copies of, a copy of protected particulars must (despite subsection (3)) return the copy or copies to the Registrar or a member of the court registry staff as soon as practicable after the case is opened or the defendant is given in charge.

However, subsection (5) does not apply to—

A breach of subsection (4) or (5) may be dealt with as contempt of court.

On a request for the purpose by or on behalf of a party, the Registrar must appoint a barrister or solicitor to act for the party in respect of a request under section 14AB(1) if the party—

The only function of a barrister or solicitor appointed under this section is to exercise rights of challenge under sections 23 to 26 for the litigant in person by requesting under section 14AB(1), and acting on the basis of, a copy of protected particulars excluded from a panel under section 13(1A).

Subsection (2) is subject to section 14AB(4) and (5).

Fees for professional services provided, and reasonable expenses incurred, by the barrister or solicitor in performing that function—

The chief executive may from time to time give written general directions as to how the Registrar must determine under subsection (4)(a) the fees and expenses.

The general directions are in force until revoked or revoked and replaced in writing, and may (without limitation) require the Registrar, unless satisfied in a particular case that a specified exception applies, to determine the fees and expenses using specified, or specified ranges of, rates or amounts.

The ranges, rates, or amounts may differ according to—

General directions under subsection (5) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Registrar may permit a person summoned to attend as a juror on an occasion to defer that person’s attendance to serve as a juror to a time within a period that—

However, the Registrar may exercise that power—

The matters referred to in subsection (2)(c) (and in section 15(1A)(a) and (c)) are—

After accepting an application under section 14B, the Registrar must—

If the Registrar declines an application under section 14B, the applicant may, in accordance with the jury rules, appeal against that decision to the court before which the applicant is summoned to appear.

The acceptance of an application under section 14B in respect of a summons does not prevent an application under section 15, 15A, or 16 in respect of a replacement summons under subsection (1)(c) of this section.

The Registrar may, if the Registrar thinks fit, treat an application under section 14B as if it were an application for excusal under section 15(1) and, if the Registrar does so, the application must be determined accordingly.

This section applies to a Registrar who becomes aware from information available to the Registrar that a person summoned to attend as a juror on an occasion is—

The Registrar must, despite any provision of this Act to the contrary,—

The Registrar may excuse a person summoned to attend as a juror on an occasion from attending on that occasion.

However, the Registrar may exercise that power only if satisfied, on a written application for the purpose made by or on behalf of that person, that,—

The Registrar may, if the Registrar thinks fit, treat an application under this section as if it were an application for deferral under section 14B and, if the Registrar does so, the application must be determined accordingly.

The Registrar must excuse a person summoned to attend as a juror on an occasion from attending on that occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person—

The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.

If the Registrar declines an application under this section, the applicant may, in accordance with the jury rules, appeal against that decision to the court before which the applicant is summoned to appear.

The Registrar may excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that, because of the person’s disability or state of health, the person would not, if required to attend as a juror in any court on any occasion, be able to perform a juror’s duties satisfactorily.

The Registrar must excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person is of or over the age of 65 years.

The Registrar must cancel a person’s permanent excusal under subsection (2) promptly after receiving a written application for the purpose made by or on behalf of the person.

The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.

If the Registrar declines an application under this section, the applicant may, in accordance with the jury rules, appeal against that decision to the court before which the applicant is summoned to appear.

A Judge may in accordance with this section excuse a person summoned to attend as a juror on any occasion in the court in which the Judge sits from attending on that occasion.

The person may be excused only on an application for the purpose made by or on behalf of the person.

The Judge may excuse the person from attending on that occasion if—

The Judge may excuse the person from attending on that occasion if satisfied of either of the following:

Subsection (4)(a) applies whether or not the Registrar has declined to do either or both of the following:

On application in accordance with subsection (3), or on his or her own motion, a Judge may cancel the summons of a person if the Judge is satisfied that, because of disability or difficulties in understanding or communicating in the English language, the person is not capable of acting effectively as a juror.

A cancellation may apply to the whole period for which the person is summoned, or to a particular proceeding.

An application under this section must be made—

An application under this section must be heard in private, and the Judge may conduct the hearing and consider such evidence as he or she thinks fit.

Where a trial is to be held at any place within a jury district and the Judge before whom it is to be held is satisfied, at any time after the panel has been prepared in accordance with section 13, that no adequate courtroom is available at that place, he may order that the trial be held at some other convenient place, whether within or outside that jury district.

Where, in any case to which subsection (1) applies, the jurors have already been summoned, the Registrar shall issue fresh summonses unless the Judge considers that it would be impracticable to do so and instructs the Registrar accordingly.

No person is required to attend for jury service at the new venue if that venue is outside the jury district and is more than 45 km by the most practicable route from that person’s place of residence.

Every jury shall comprise 12 jurors.

Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the court using the method determined in accordance with the jury rules.

Subject to the powers of a Judge to discharge a juror under section 22, the jury to try the case shall comprise the first 12 persons selected under section 18 who remain after all proper challenges have been allowed.

After the jury is constituted but before the case is opened or the defendant given in charge, the jurors shall be sworn in the form and manner prescribed by the jury rules.

After the jurors have been sworn but before the case is opened or the defendant is given in charge, the jury shall retire to choose a foreperson.

Despite subsection (1) the court may direct that the jury choose a foreperson at a time different from that specified in subsection (1).

When this subsection applies, the court, having regard to the interests of justice, may either—

The court may proceed with fewer than 10 jurors under subsection (1)(b) only if all parties consent to doing so and the court, having regard to the interests of justice, considers that it should do so.

Subsection (1) applies if, and only if, before or after the jury is constituted but before the jury’s verdict is taken, the court considers that—

The court may also discharge the jury without it giving a verdict (whether unanimous or majority) if—

Nothing in this section affects any rules of court that—

In this section and sections 22A and 22B, court includes, without limitation, a Judge of the court.

If a juror is discharged under section 22(1)(b),—

If the court proceeds with fewer than 12 jurors under section 22(1)(b), their verdict (whether unanimous or majority) has, despite section 17, the same effect as a verdict of 12 jurors.

On discharging the jury under section 22(1)(a) or (3), the court must either—

The court may discharge the jury or a juror or jurors under section 22(1) or (3)—

A defendant is entitled to appear and be heard on an application under section 22.

In considering whether to discharge the jury or a juror or jurors under section 22(1) or (3), the court may conduct a hearing, and consider any evidence (other than evidence of the jury’s deliberations) it thinks fit.

If a Judge sitting with a jury on the trial of any criminal case becomes incapable of acting before the jury has retired to consider its verdict,—

If the Judge sitting with a jury on the trial of a criminal case becomes incapable of acting after the jury has retired to consider its verdict and before judgment has been given, another Judge—

If any person selected as a juror is—

he may be challenged, and shall be discharged upon such challenge if the court is satisfied of the fact.

In every case to be tried before a jury, each of the parties is entitled to challenge without cause 4 jurors only.

However, if 2 or more defendants in a criminal case are charged together, the Crown or other prosecutor is entitled to challenge without cause 8 jurors only.

If a juror is discharged and is to be replaced with another under section 22A(1)(b), each party is entitled in the selection of the new juror to exercise the number of challenges without cause that the party has not already exercised.

In addition to the right to challenge under sections 23 and 24, each party to the proceedings is entitled to any number of challenges for cause on the ground that—

Except as provided in section 23, no other ground of challenge for cause shall be allowed.

The Judge shall determine every challenge for cause, in private, in such manner and on such evidence as he thinks fit.

Every challenge shall be made before the juror takes a seat.

In a criminal case, the Judge, on an application made to him by the Crown or other prosecutor with the consent of the defendant or any of the defendants, or by the defendant or any of the defendants with the consent of the Crown or other prosecutor, shall direct any number of jurors to stand by until all the jurors have been called who are available for the purpose of trying that charge.

Notwithstanding subsection (1), a Judge of his own motion may give a direction under that subsection where he is satisfied that it is in the interests of justice to do so.

In any civil case, the party obtaining the order for a view shall deposit with the Registrar a sum fixed in accordance with the jury rules for the payment of the expenses of the view.

If the sum fixed is more than sufficient to pay those expenses, the surplus shall be refunded to the party who obtained the order.

If there is a deficiency, it shall be made up by that party.

If, at the end of a day of deliberation, a jury that has been directed to consider its verdict has reached no verdict,—

If the court or a Judge considers that it is required in the interests of justice, the court or Judge may order that the jury be sequestered until it reaches a verdict or until an earlier time or event specified in the court’s or Judge’s order.

An order under subsection (2) overrides subsection (1), and may be made on—

Every rule of common law that requires a jury to be sequestered, or under which jurors who separate without leave of the court are guilty of misconduct, is abolished.

If the jury retires to consider its verdict, the jurors must be kept under the charge of 1 or more members of the court registry staff in some private place provided with sufficient heating and lighting, and allowed to have reasonable refreshment.

However, for the purpose of having refreshment the jurors may with the court’s consent be taken under the charge of 1 or more members of the court registry staff to a place of public refreshment instead of remaining in a private place.

Subsections (1) and (2) do not apply to any period during which the jurors are permitted to separate under section 29A.

After retiring to consider their verdict and until returning a verdict or being discharged, the jurors must not discuss the case except in the course of their deliberations.

Failure to comply with the requirements of this section does not affect the validity of the proceedings.

However, if a failure of that kind is discovered before the verdict of the jury is returned, the court may, if it considers that the failure makes it highly expedient for the ends of justice to do so,—

In this section, member of the court registry staff includes the Registrar.

In this section, majority verdict means, in relation to a jury that, at the time of its verdict, consists of a certain number of jurors, a verdict agreed to by all except one of them.

The court may accept a majority verdict in a criminal case if—

If the case involves 2 or more charges, or 2 or more persons charged, the court may accept a majority verdict in relation to 1 or some of the charges or persons charged, in which case nothing in this section applies to the other charges or the other persons charged.

Nothing in this section—

If, in terms of section 110 or 143 of the Criminal Procedure Act 2011, the offence charged, as described in the enactment creating the offence or as charged in the charge, includes the commission of any other offence, the court may accept a majority verdict on the offence charged instead of a unanimous verdict on the included offence.

In this section, majority verdict means, in relation to a jury that, at the time of its verdict, consists of a certain number of jurors, a verdict agreed to by at least three-fourths of them.

The court may accept a majority verdict in a civil case if—

Nothing in this section—

Every juror who attends the court when duly summoned shall be entitled to such fees and expenses by way of compensation as may be prescribed by the jury rules in respect of each day when the juror is required to attend and does attend, including attendance at a view.

The jury rules prescribing those fees and expenses may authorise the chief executive, if satisfied in a particular case that it is desirable to do so, to increase a sum otherwise payable under those rules.

Where any party in a civil case requires a jury, that party shall pay to the Registrar, for every day or part of a day on which the jury serves, a fee prescribed by the jury rules.

The court may, after complying with subsection (2), fine a person a sum, not exceeding $1,000, the court thinks fit if that person is summoned to attend and serve as a juror before the court but—

Before imposing a fine on a person under subsection (1), the court must first inform that person of the default and afford that person a reasonable chance to explain it.

If a person who is summoned to appear and serve as a juror fails to answer when called, the court may issue a warrant to secure the attendance of that person before the court.

For the purposes of Part 6 of the Criminal Procedure Act 2011,—

An employer commits an offence and is liable on conviction to a fine not exceeding $10,000 if the employer does either of the following actions because an employee of the employer is required to be absent from employment on jury service:

If an employer is alleged to have committed, or is convicted of, an offence against subsection (1) in respect of an action and an employee, then that employee,—

In this section,—

A person commits an offence and is liable on conviction to the penalty stated in subsection (2) if the person wilfully publishes any material, broadcasts any matter, or otherwise discloses any information, that identifies, or that may lead to the identification of, a juror or former juror.

The penalty is imprisonment for a term not exceeding 3 months, or a fine not exceeding $10,000, or both.

In this section,—

Subsection (1) does not apply to any of the following:

No verdict shall be in any way affected merely because—

Subject to subsection (2), the Governor-General may from time to time, by Order in Council, make rules for all or any of the following purposes:

Where rules made under paragraphs (b), (c), or (f) of subsection (1) prescribe more than 1 form or method, the rules must also require the chief executive to determine from time to time which one of those forms or methods is to be used by each particular court.

For the purposes of subsection (1A), the term method includes the specifications of a method.

No rules may be made under this section otherwise than on the advice of the Minister of the Crown who is responsible for the Ministry of Justice tendered after consultation with—

Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

For the purposes of the first compilation of jury lists after 1 January 1982,—

The purpose of Part 1 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 is to amend this Act so that it—

The amendments made to this Act by a provision of that Part apply only to a person’s attendance to serve as a juror on an occasion after that provision’s commencement, but apply to any such attendance even if that person was summoned to attend, sentenced to home detention, or both, before that commencement.

The purpose of Part 2 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 is to amend this Act so that it—

This Act applies to panels compiled before the commencement of that Part as if that Part had not been enacted.

“Defendant” in section 14AB(5) (as inserted by that Part) must, until the commencement of section 7 and the Schedule of the Juries Amendment Act 2011, be read as “accused”.

The enactments specified in the Schedule are hereby repealed.

The repeal by subsection (1) of the Juries Act 1908 shall not affect the abolition by section 176 of that Act of all attaints and inquests referred to in that section.

The temporary provisions set out in clauses 1, 4 to 15, 17, 20, 21, and 23 of Schedule 2 apply during the period—

The temporary provisions set out in clauses 3(2) and 22 of Schedule 2 apply during the period—

The temporary provisions set out in clauses 2, 3(1), 16, 18, 19, and 24 of Schedule 2 apply during the period—

The temporary provisions have the following effect while they apply:

If a temporary provision in Schedule 2 replaces a provision in the body of this Act,—

If a temporary provision is inconsistent with a provision in the body of this Act, the temporary provision prevails.

To avoid doubt, a cross-reference in this Act or any other enactment or document to a provision in the body of this Act specified in subclause (4) is to be treated as a cross-reference to the corresponding replacement provision on or after the commencement of this section.

Clauses 1, 4 to 15, 17, 20, 21, 23, and 25 of Schedule 2 are repealed on the date on which the COVID-19 Public Health Response Act 2020 is repealed.

This section, section 38 and the cross-heading above it, and the rest of Schedule 2 are repealed on the second anniversary of the date on which the COVID-19 Public Health Response Act 2020 is repealed.

A protocol made under clause 4 is revoked on the date on which the COVID-19 Public Health Response Act 2020 is repealed.