Juries Amendment Act 2000

1: Title
1: This Act is the Juries Amendment Act 2000.
2: In this Act, the Juries Act 1981 the principal Act
2: Commencement
This Act comes into force on 30 July 2000.
3: Interpretation
1: Section 2 chief executive physical disability
2: Section 2
4: Disqualification
Section 7(b) borstal training corrective training
5: New
section 6 The principal Act is amended by repealing section 6
6: Qualification and liability
Every person who is currently registered as an elector in accordance with the Electoral Act 1993 sections 7 and 8
6: Certain persons not to serve
1: Section 8 paragraph (c) Judges and members of the Arbitration Court Masters of the High Court, Judges of the Employment Court
2: Section 8 paragraph (h)
h: an employee of the Public Service who is employed—
i: in the Ministry of Justice; or
ii: in the Department of Corrections; or
iii: in the head office of the Department for Courts; or
iv: as an officer of the High Court or of a District Court; or
ha: a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 section 36G of that Act
hb: a security officer within the meaning of section 2(1) of the Penal Institutions Act 1954
3: Section 8(j)
7: New
sections 9 to 12A The principal Act is amended by repealing sections 9 to 12
9: Preparation of jury lists
1: Whenever the chief executive considers it expedient he or she may ask the Chief Registrar of Electors to prepare a jury list for one or more jury districts.
2: In relation to each jury list requested under subclause (1)
a: the number of names to be included in the jury list; and
b: the date by which the list is required.
3: The Chief Registrar of Electors 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.
4: A jury list must not contain the name of any person—
a: who, according to the electoral roll, holds any office, or is engaged in any occupation, referred to in section 8
b: in respect of whom a direction is in force under section 115 of the Electoral Act 1993
10: Jury lists sent to chief executive
The Chief Registrar of Electors 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.
11: Currency of jury lists
A jury list remains current until it is replaced by a new list provided by the Chief Registrar of Electors under section 10
12: Access to, and confidentiality of, jury lists
1: 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.
2: The Registrar of a Court to which a particular jury list relates must ensure that the jury list is kept confidential to—
a: the Registrar; and
b: the Registrar's staff.
3: The chief executive must ensure that jury lists forwarded to him or her under section 10
a: the chief executive; and
b: staff of the Department for Courts who are authorised by the chief executive to have access to the lists.
4: 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.
12A: Registrar may amend jury list
1: 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—
a: not qualified according to section 6; or
b: disqualified according to section 7; or
c: not to serve on any jury according to section 8; or
d: otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or
e: dead.
2: 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.
8: Summoning of jurors
Section 13 subsection (1)
1: 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.
9: Registrar may excuse from jury service
1:
2: Section 15(2) paragraph (a)
aa: is of or over the age of 65; or. Section 9(1) repealed 4 October 2010 section 12(2) Juries Amendment Act 2008
10: New
section 16AA The principal Act is amended by inserting, after section 16
16AA: Judge may discharge summons of person with physical disability
1: On application in accordance with subsection (3)
2: A discharge may apply to the whole period for which the person is summoned, or to a particular proceeding.
3: An application under this section must be made—
a: before the jury is constituted; and
b: by the Registrar, or by a member of the Registrar's staff who is involved in, or responsible for, the administration of juries.
4: 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.
11: New
section 18 The principal Act is amended by repealing section 18
18: Selection of 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.
12: Judge may discharge juror
Section 22 subsection (1)
1: The Judge may discharge a juror if, at any time after the jury is constituted but before the case is opened or the accused is given in charge, it is brought to the attention of the Judge that—
a: the juror is personally concerned with the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses; or
b: the juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
1A: When considering whether to discharge a juror, the Judge may conduct the hearing, and may consider such evidence, as he or she thinks fit.
1B: If a juror is discharged under this section, the Judge may require a further juror to be selected from the panel and be sworn in accordance with sections 18 and 20
13: Challenges for cause
Section 25 subsection (1)
1: In addition to the right to challenge under sections 23 and 24
a: a juror is not indifferent between the parties; or
b: a juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
14: Failure to attend
Section 32(1) paragraph (a)
a: fails without reasonable excuse to attend for service as required by the summons; or.
15: Jury rules
1: Section 35(1) paragraphs (a) to (f)
a: in relation to jury lists, prescribing—
i: what information about each person named on a list must be included on the list:
ii: the form or forms in which lists must be provided:
iii: the powers and duties of the Chief Registrar of Electors, the chief executive, Registrars, and other persons:
iv: that, where more than one form is prescribed under subparagraph (ii)
b: in relation to jury panels, prescribing—
i: the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
ii: the powers and duties of Registrars and other persons:
c: in relation to the summoning of jurors, prescribing—
i: the form or forms to be used to summons jurors:
ii: the method or methods of service of summonses:
iii: the minimum period of notice that must be given in a summons:
d: prescribing the method or methods by which a person who has been summoned can apply to be excused from attendance:
e: requiring a record to be kept of all jurors who are summoned to attend the Court; and prescribing the form and manner in which that record is to be compiled:
f: prescribing the method, methods, or the specifications of the method, for selecting a jury:
fa: prescribing the manner in which challenges are to be made and dealt with:.
2: Section 35 subsection (1)
1A: Where rules made under paragraphs (b), (c), or (f) of subsection (1)
1B: For the purposes of subsection (1A)
3: Section 35(2) subsection (1)
16: Consequential repeals
The following provisions are consequentially repealed:
a: subsections (1) and (2) of section 23 of the Penal Institutions Amendment Act 1985
b: section 4 of the Juries Amendment Act 1994
17: Transitional provisions
1: Nothing in this Act affects the validity of any jury list or jury panel that was prepared and in use immediately before the commencement of this Act.
2: Nothing in this Act affects the validity of the composition of any jury that was constituted before the commencement of this Act and continued to serve after that date.
3: The validity of a summons that is issued under the principal Act before the commencement of this Act, and is intended to continue to have effect after that date, is not affected by anything in this Act.