Attorney-General's Portfolio Miscellaneous Measures Act 2024 (41 of 2024)

Schedule 2 Federal Court juries

Federal Court of Australia Act 1976

6 Subdivision D of Division 1A of Part III

Repeal the Subdivision, substitute:

Subdivision D - Election in relation to a jury panel

23DA Simplified outline of this Subdivision

If the Court directs the Sheriff to arrange a jury panel for indictable primary proceedings, the Sheriff must elect that either:

(a) Subdivision DA applies in relation to the provision of a jury panel (in which case the Sheriff provides a jury panel to the Court under this Act); or

(b) Subdivision DB applies in relation to the provision of a jury panel (in which case the Sheriff requests a State/Territory jury official to provide a jury panel to the Court prepared under State or Territory laws).

23DB Application of Subdivision

This Subdivision applies in relation to juries for indictable primary proceedings.

23DC Direction to arrange for a jury panel

(1) The Court may give the Sheriff a written direction to arrange for a jury panel for indictable primary proceedings.

(2) The direction must specify the place (the sitting place ) in the State or Territory where the jury is to sit.

(3) The Sheriff must comply with the direction.

23DD Election in relation to a jury panel

(1) This section applies if the Court gives the Sheriff a written direction under subsection 23DC(1) to arrange for a jury panel for indictable primary proceedings.

(2) The Sheriff must, in writing to the Chief Executive Officer, elect that either Subdivision DA or DB applies in relation to the provision of the jury panel to the Court for the purposes of the proceedings.

(3) An election under subsection (2) is not a legislative instrument.

23DE Validity of anything done by jury

Anything done by a jury is not invalid merely because of any defect or irregularity in relation to the provision of a jury panel to the Court.

Subdivision DA - Provision of a jury panel prepared under this Act

23DF Simplified outline of this Subdivision

The Sheriff arranges for a jury panel under this Act by determining the applicable jury district for the proceedings, preparing a jury list, and summonsing the persons on that list to attend court for jury service.

The Sheriff prepares a jury list by randomly selecting persons from the jury roll for the applicable jury district.

A person must be qualified to serve as a juror in order to be included on a jury panel. Not everyone is qualified to serve as a juror.

23DG Application of Subdivision

This Subdivision applies in relation to indictable primary proceedings if the Sheriff elects under subsection 23DD(2) that this Subdivision applies in relation to the provision of a jury panel to the Court for the purposes of the proceedings.

23DH Sheriff to select the jury district for the proceedings

(1) The Sheriff must, in writing, determine which jury district is to apply to the indictable primary proceedings. This jury district (the applicable jury district ) must be:

(a) the jury district (if any) that includes the sitting place; or

(b) another jury district, in the same State or Territory as the sitting place, that is near the sitting place.

Note: For the determination of jury districts, see subsection 23EAA(1).

(2) A determination made under subsection (1) is not a legislative instrument.

23DJ Sheriff to prepare the jury list for the proceedings

(1) The Sheriff must prepare a jury list for the indictable primary proceedings.

(2) The jury list consists of:

(a) the names and addresses; and

(b) if readily available to the Sheriff - the dates of birth and sex;

of persons that the Sheriff selects from the jury roll for the applicable jury district.

Note 1: For the preparation of jury rolls, see subsection 23EAA(4).

Note 2: The jury list may be supplemented under subsection (5).

Note 3: The Sheriff may remove a person's name from the jury list under section 23DP.

(3) The persons to be included in the jury list are to be selected at random from the jury roll.

(4) The number of persons to be selected is the number the Sheriff thinks is adequate to allow a jury to be empanelled.

(5) If:

(a) a jury list has been prepared under subsection (1); and

(b) the jury list no longer contains the number of persons the Sheriff thinks is adequate to allow a jury to be empanelled;

the Sheriff may supplement the list by selecting additional persons, who have not already been summonsed under section 23DQ for the jury, at random from the jury roll for the applicable jury district.

Note: The situation described in paragraph (b) may arise because of a larger than expected number of persons being removed from the list under section 23DP.

(6) A jury list is not a legislative instrument.

23DK Investigation and questionnaires

(1) The Sheriff may make such enquiries as the Sheriff thinks necessary to determine whether a person included on the jury list:

(a) is not qualified to serve as a juror; or

(b) should be excused from serving as a juror.

Note 1: Sections 23DL, 23DM and 23DN deal with the qualification of jurors in the indictable primary proceedings.

Note 2: Sections 23DZD and 23DZE deal with the Sheriff excusing a person from serving as a juror.

(2) Without limiting subsection (1), the Sheriff may send a questionnaire to some or all of the persons included in the jury list.

(3) A person who receives a questionnaire under subsection (2) must complete the questionnaire in the manner specified and return it to the Sheriff within 14 days.

Note: It is an offence if the person fails to return, or properly complete, the questionnaire (see section 58AE).

(4) A failure by a person to comply with subsection (3) does not affect the retention of the person's name on the jury list.

(5) After preparing the jury list, the Sheriff may:

(a) give the Commissioner of the Australian Federal Police the name and other details of any or all of the persons included in the jury list; and

(b) request the Commissioner to give information about the criminal history (if any) of each of those persons.

(6) If the Sheriff makes a request under subsection (5), the Commissioner must give the information to the Sheriff.

(7) The Sheriff may give the Court any information that the Commissioner gives the Sheriff under this section.

Note: If the information indicates that the person is not qualified, the Sheriff has power to remove the person's name from the jury list under section 23DP and there is no need to pass the information on to the Court.

(8) The Sheriff must not disclose information given to the Sheriff by the Commissioner under this section except:

(a) to the Court under subsection (7); or

(b) otherwise for the purposes of this Act.

23DL Qualification to serve as a juror

Subject to sections 23DM and 23DN, a person is qualified to serve as a juror in the indictable primary proceedings if:

(a) the person's name is on the jury roll for the applicable jury district; and

(b) the person is entitled to vote at elections of Members of the House of Representatives in accordance with subsection 93(2) of the Commonwealth Electoral Act 1918.

23DM Disqualification from serving on jury (convictions, charges, detention orders etc.)

When a person is not qualified

(1) A person is not qualified to serve as a juror in the indictable primary proceedings if:

(a) the person has been:

(i) convicted of an offence against a law of the Commonwealth, a State or a Territory; and

(ii) sentenced to imprisonment for life, or to serve a term of imprisonment of more than 12 months, as a result of the conviction; or

(b) the person has been:

(i) convicted of an offence against a law of a foreign country; and

(ii) sentenced to death, imprisonment for life, or to serve a term of imprisonment of more than 12 months, as a result of the conviction; or

(i) tried for an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) ordered to be detained for life, or for a period of more than 12 months, in a hospital, juvenile facility or other detention facility as a result of the trial; or

(d) the person has, within the last 10 years, been:

(i) convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) sentenced to serve a term of imprisonment (including by way of periodic detention) as a result of the conviction; or

(e) the person has, within the last 10 years, been:

(i) tried for an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) ordered to be detained in a hospital, juvenile facility or other detention facility as a result of the trial; or

(f) the person is currently:

(i) serving a term of imprisonment (including by way of periodic detention); or

(ii) being detained in a hospital, juvenile facility or other detention facility; or

(iii) subject to an order for periodic home detention or periodic detention in a hospital, juvenile facility or other detention facility; or

(g) the person is currently subject to:

(i) a good behaviour bond or community service order; or

(ii) a similar order; or

(h) the person is currently being held in custody for the commission, or suspected commission, of a criminal offence; or

(i) the person:

(i) has been charged with an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) is currently at liberty in respect of the offence until the person is required to appear before a court in respect of the offence.

Note: For paragraph (i), the person will be at liberty in respect of the offence if bail is granted for the offence.

Extended meaning of serving a term of imprisonment

(2) For the purposes of subsection (1), serving a term of imprisonment includes:

(a) the case where:

(i) a person has been sentenced to a term of imprisonment; and

(ii) the sentence has been suspended; and

(iii) the period of suspension has not ended; and

(b) the case where:

(i) a person has been sentenced to a term of imprisonment; and

(ii) the person has started serving the sentence; and

(iii) the person has been released on parole or probation or on a similar basis; and

(iv) that period of release has not ended.

Disregard convictions etc. that have been set aside

(3) For the purposes of this section, disregard a conviction, sentence or order if the conviction, sentence or order has been set aside on appeal or as a result of a pardon.

23DN Disqualification from serving on jury (professional ineligibility)

(1) A person is not qualified to serve as a juror in the indictable primary proceedings if the person is:

(a) the Governor or Administrator of a State or Territory; or

(b) a judge, or other judicial officer, of a court of a State or Territory; or

(d) a qualified legal practitioner who holds a legal practising certificate in a State or Territory; or

(e) a person whose duties or activities involve or are connected with:

(i) the investigation or prosecution of criminal offences; or

(ii) the administration of justice; or

(iii) the punishment of offenders; or

(f) a person who:

(i) is excluded by a State or Territory law from serving as a juror in a court of that State or Territory; and

(ii) is so excluded because the person's current duties or activities involve or are connected with public administration or emergency services.

(2) Subsection (1) has effect in addition to:

(a) section 89 of the Navigation Act 2012 and any other law that exempts other categories of persons from serving as jurors; or

(b) the Jury Exemption Act 1965 and any other law that provides that other categories of persons are not liable to serve as jurors.

For the purposes of this Division, a person exempt from serving, or not liable to serve, as a juror under a law referred to in paragraph (a) or (b) is taken to be not qualified to serve as a juror.

(3) Subsection (1) applies whether the position the person holds is paid or not.

23DP Removing names from jury list

The Sheriff must remove a person's name from the jury list if the Sheriff is satisfied that:

(a) the person is not qualified to serve as a juror; or

(b) the Sheriff would excuse the person from serving on the jury:

(i) under section 23DZD if the person were a potential juror who had applied under that section to be excused; or

(ii) under section 23DZE if the person were a potential juror.

23DQ Jury summonses

(1) The Sheriff must issue summonses to a sufficient number of persons on the jury list to allow the empanelment of the jury.

Note: It is an offence if a person served with a summons fails to attend for jury service in accordance with the summons, and the person has not been excused (see section 58AA).

(2) The persons to be summonsed are to be selected at random from the jury list.

(3) A summons to a person must be in the form, and be served, as provided for in the Rules of Court.

(4) The Sheriff may withdraw a summons issued under this section.

23DR Preparing the jury panel

(1) The Sheriff must prepare a jury panel by listing the names, addresses and dates of birth of:

(a) each potential juror who has attended in accordance with a jury summons; or

(b) an adequate number of potential jurors, selected at random, from those who have attended in accordance with a jury summons.

(2) Only potential jurors who:

(a) are qualified to serve as a juror; and

(b) are not excused from serving on the jury;

are to be included on the jury panel.

(3) The Sheriff must assign a number to each potential juror who is included on the jury panel, indicating the number next to the person's name on the list prepared.

(4) A potential juror, who is not excused by the Sheriff, remains liable to be included on the jury panel until the potential juror is discharged.

Note: A potential juror will be discharged if excused or successfully challenged (see section 23EI).

Subdivision DB - Provision of a jury panel prepared under State or Territory laws

23DS Simplified outline of this Subdivision

Where there is consent to do so, the Sheriff may request the Supreme Court of a State or Territory to provide a jury panel to the Court for a trial in that State or Territory.

The laws in force in the State or Territory concerned will generally apply in relation to the preparation of the jury panel for provision to the Court and juror qualification.

The Court must pay the State or Territory concerned a fee for the provision of the jury panel as agreed between the Court and the State and Territory (including a nil fee).

23DT Application of Subdivision

(1) This Subdivision applies in relation to indictable primary proceedings if:

(a) the Sheriff elects under subsection 23DD(2) that this Subdivision applies in relation to the provision of a jury panel to the Court for the purposes of the proceedings; and

(b) the State or Territory in which the Court is to sit for the purposes of the proceedings has consented to preparing, and providing to the Sheriff, a jury panel for the purposes of such proceedings if the Sheriff makes an election of that kind; and

(2) Without limiting paragraph (1)(b), an arrangement in force under section 23DZ may constitute consent for the purposes of that paragraph.

23DU Provision of jury panel by State/Territory jury official

Request for a jury panel

(1) The Sheriff may, in writing, for the purposes of indictable primary proceedings under this Division, request a State/Territory jury official to:

(a) prepare and provide a jury panel to the Sheriff; and

(b) issue summonses to a sufficient number of persons mentioned in subsection (2) to allow the empanelment of a jury for the purposes of the proceedings.

(2) The persons are persons who may be summoned under a law of the State or Territory concerned relating to juries for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned.

Complying with request

(3) If a request is made under subsection (1), the official:

(a) must comply with the request; and

(b) is authorised to issue the summonses under this subsection.

Note: It is an offence if a person served with a summons fails to attend for jury service in accordance with the summons, and the person has not been excused (see section 58AA).

(4) In complying with the request, the official must apply the same processes the official would apply in preparing a jury panel (however described), and issuing summonses, for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned.

(5) The official may comply with the request under subsection (3) concurrently with any of the official's powers, functions or duties under a law of the State or Territory relating to the preparation of a jury panel (however described), or relating to the issuing of summonses, for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned.

(6) For the purposes of this section and subsections 23DZL(3) to (5), the laws in force in a State or Territory relating to:

(a) the preparation of jury lists and jury panels (however described); and

(b) the processes associated with issuing summonses;

that apply for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned extend and are to be applied for the purposes of the indictable primary proceedings.

Note 1: Subsections 23DZL(3) to (5) deal with supplementing a jury panel if the jury panel was provided to the Sheriff under this section.

Note 2: A person who is not excused from inclusion on a jury panel (however described) under a law of a State or Territory may later be excused from serving as a juror for the purposes of the indictable primary proceedings (see sections 23DZD, 23DZE and 23DZK).

(7) For the purposes of subsection (6), the laws mentioned in that subsection apply with such changes as are necessary, and without limiting this, references to a court are taken to be references to the Court.

(8) If a law of a State or Territory requires the Supreme Court of the State or Territory to issue a jury precept or direction (however described) before a State/Territory jury official is authorised to prepare a jury list or jury panel (however described), the request under subsection (1) is taken to satisfy that requirement.

When a jury panel is provided

(9) A State/Territory jury official provides a jury panel to the Sheriff under this section by providing a list of the potential jurors on the jury panel to the Sheriff.

(10) The list must include:

(a) the name of each potential juror; and

(b) any other information necessary to identify each potential juror; and

23DV Qualification to serve as a juror

(1) The laws in force in a State or Territory relating to the qualification of jurors that apply for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned extend and are to be applied for the purposes of the indictable primary proceedings.

(2) For the purposes of subsection (1), the laws mentioned in that subsection apply with such changes as are necessary and, without limiting this, references to a court are taken to be references to the Court.

23DW Certain other laws of a State or Territory apply, and Part VIA does not apply, before provision of jury panel

(1) If the Sheriff makes a request under subsection 23DU(1) for the preparation and provision of a jury panel, subsections (2) to (4) of this section apply during the period:

(a) beginning when the request is made; and

(b) ending when the State/Territory jury official provides the jury panel to the Sheriff under section 23DU.

Note: See subsection 23DU(9) for when a jury panel is provided to the Sheriff.

(2) The laws in subsection (3) extend and are to be applied, with such changes as are necessary, in respect of conduct engaged in by, or in relation to, persons or potential jurors in the indictable primary proceedings.

(3) The laws are the laws in force in the State or Territory concerned, including laws that create offences, that:

(a) relate to the trial on indictment of an offence in the Supreme Court of the State or Territory concerned; and

(b) are equivalent to Part VIA of this Act; and

Note: Part VIA of this Act creates offences relating to juries.

(4) Except for section 58AA, Part VIA of this Act does not apply in respect of conduct engaged in by, or in relation to, persons or potential jurors in the indictable primary proceedings.

Note: Section 58AA provides that it is an offence if a person served with a summons fails to attend for jury service in accordance with the summons, and the person has not been excused.

23DX Disclosure of personal information by Sheriff or State/Territory jury official

(1) The Sheriff may disclose to a State/Territory jury official, and a State/Territory jury official may disclose to the Sheriff, personal information (within the meaning of the Privacy Act 1988) about a potential juror or juror in the indictable primary proceedings for the purpose of performing functions or duties under this Act.

(2) Subsection (1) applies despite any other provision of this Act or any other law of the Commonwealth, a State or a Territory.

23DY Payments to State or Territory

(1) If a State/Territory jury official provides to the Sheriff a jury panel as mentioned in section 23DU, the Court must pay to the State or Territory concerned, for the provision of that panel, either:

(a) a fee worked out in accordance with an arrangement under section 23DZ; or

(b) if there is no such arrangement - a fee agreed between the Court and the State or Territory.

(2) An amount of a fee for the purposes of subsection (1) may be nil.

(3) If the Court considers it appropriate to do so, the Court may pay a fee to a State or Territory if:

(a) the Sheriff makes a request under subsection 23DU(1) for a State/Territory jury official in the State or Territory concerned to prepare and provide a jury panel to the Sheriff; and

(b) the Sheriff later rescinds the request before the official provides the jury panel.

23DZ Arrangements with State or Territory

(1) The Chief Justice or Chief Executive Officer may, in writing, make an arrangement with a State or Territory for and in relation to State/Territory jury officials in that State or Territory preparing, and providing to the Sheriff, a jury panel for the purposes of indictable primary proceedings under this Division.

(2) If an arrangement under subsection (1) is in force in relation to a State/Territory jury official in a State or Territory, a State/Territory jury official in that State or Territory may prepare and provide the jury panel despite any other provision of this Act or any other law of the Commonwealth.

Subdivision DC - Liability to serve on jury and Sheriff's excusal

23DZA Simplified outline of this Subdivision

A person who is qualified to serve as a juror is liable to do so unless excused or discharged.

The Sheriff may excuse a potential juror from serving on a jury.

23DZB Application of Subdivision

This Subdivision applies in relation to juries for indictable primary proceedings.

23DZC Liability to serve on jury

(1) A person who is qualified to serve as a juror for particular indictable primary proceedings is liable to serve as a juror for those proceedings unless the person:

(a) is excused from that service for those proceedings under:

(i) a law applying under subsection 23DU(6); or

(ii) section 23DZD; or

(iii) section 23DZE; or

(iv) section 23DZK; or

(b) is discharged as a juror or potential juror for those proceedings under Subdivision E.

Note: See sections 23DL and 23DV for when a person is qualified to serve as a juror for particular proceedings.

Lack of qualification does not affect validity of verdict

(2) Anything done by a jury is not invalid merely because a juror on the jury was not qualified to serve as a juror for the particular proceedings.

23DZD Sheriff's power to excuse - on application

Excusal when Subdivision DA applies

(1) Subsections (2) and (5) apply if Subdivision DA applies in relation to the provision of a jury panel to the Court for the purposes of indictable primary proceedings.

(2) A potential juror (or an interested person on the potential juror's behalf) may apply to the Sheriff for the potential juror to be excused from serving on a jury at any time before the potential juror is seated in the jury box under subsection 23DZJ(3).

Excusal when Subdivision DB applies

(3) Subsections (4) and (5) apply if Subdivision DB applies in relation to the provision of a jury panel to the Court for the purposes of indictable primary proceedings.

(4) A potential juror (or an interested person on the potential juror's behalf) may apply to the Sheriff for the potential juror to be excused from serving on a jury at any time within the period:

(a) beginning when the State/Territory jury official provides the jury panel to the Sheriff under section 23DU; and

(b) ending before the potential juror is seated in the jury box under subsection 23DZJ(3).

Note: See subsection 23DU(9) for when a jury panel is provided to the Sheriff.

Grounds for excusal

(5) The Sheriff may excuse the potential juror if the Sheriff is satisfied that there is good cause to excuse the potential juror because of:

(a) the potential juror's health; or

(b) undue hardship, financial or otherwise, to the potential juror, or to another person, if the potential juror is not excused; or

(d) substantial inconvenience to the public resulting from the potential juror serving on the jury; or

(e) the potential juror's inability, in all the circumstances, to perform the duties of a juror to a reasonable standard.

Note: For paragraph (e), the Sheriff must have regard to the Disability Discrimination Act 1992.

23DZE Sheriff's power to excuse - on own initiative

(1) At any time before a potential juror is seated in the jury box under subsection 23DZJ(3), the Sheriff may excuse the potential juror from serving on the jury if the Sheriff is satisfied that the potential juror:

(a) is, in all the circumstances, unable to perform the duties of a juror to a reasonable standard; or

(b) is otherwise not required for jury service.

Note: The Sheriff must have regard to the Disability Discrimination Act 1992.

(2) If the Sheriff becomes aware that a potential juror is not qualified to serve as a juror, the Sheriff must excuse the potential juror from serving on the jury.

Subdivision DD - Empanelling the jury

23DZF Simplified outline of this Subdivision

A jury is selected from potential jurors on a jury panel. A jury panel may be supplemented with additional potential jurors in the event the jury panel does not have enough potential jurors to empanel a jury.

A potential juror on a jury panel will not become a juror if they are excused from jury service by the Court, or if their inclusion on the jury is successfully challenged.

A potential juror may also be asked to temporarily stand aside during the selection of the jury.

23DZG Application of Subdivision

This Subdivision applies in relation to juries for indictable primary proceedings.

23DZH Preparing to empanel the jury

(1) Before the selection of persons to be empanelled as the jury for a trial, the Sheriff must:

(a) give the Court the list of potential jurors on the jury panel that was:

(i) prepared under subsection 23DR(1); or

(ii) provided to the Sheriff under subsection 23DU(9), with the details of any person the Sheriff has excused from serving on the jury removed from the list; and

(b) facilitate the attendance in court of those potential jurors.

(2) Before the selection of persons to be empanelled as the jury for the trial, the Court must inform each party to the trial that:

(a) the potential jurors whose names and/or numbers are to be called may become jurors for the trial; and

(b) if the party wishes to challenge any of them, the party must make the challenge before the potential juror sits in the jury box.

(3) Before the selection of persons to be empanelled as the jury for the trial, the Court must:

(a) inform the potential jurors on the jury panel of the nature of the trial in question, including the offences for which the accused is being tried; and

(b) inform the potential jurors on the jury panel of the identities of:

(i) the parties; and

(ii) to the extent known to the Court, the principal witnesses to be called during the trial; and

(i) they are not able to give impartial consideration to the case; or

(ii) they should be excused for any other reason.

23DZJ Empanelling the jury

(1) The Court must ensure that an officer of the Court calls:

(a) the name; or

(b) if a direction of a kind referred to in paragraph 23EB(2)(a) is in force - the number;

of a potential juror, selected at random, from the jury panel.

(2) If:

(a) 2 or more potential jurors have the same name; and

(b) their name is required to be called under subsection (1);

the officer of the Court must call their name and number.

(3) If a potential juror's name and/or number is called, the potential juror must sit in the jury box unless, before the potential juror can do so, the potential juror is:

(a) excused under this Subdivisionor Subdivision DCfrom serving on the jury; or

(b) stood aside under section 23DZQ; or

Note: A potential juror is discharged under subsection 23EI(2) if the potential juror's inclusion on the jury is successfully challenged (see sections 23DZM to 23DZP).

(4) The officer of the Court must continue to call the names and/or numbers of potential jurors, as provided under subsection (1), until the required number of jurors under section 23EAB are seated in the jury box.

(5) When the required number of jurors under section 23EAB are seated in the jury box, those potential jurors must be sworn or make an affirmation.

(6) When every potential juror seated in the jury box has been sworn, or has made an affirmation, those potential jurors are taken to have been empanelled as the jury for the trial.

23DZK Court's power to excuse a person from serving on jury

(1) Before a potential juror sits in the jury box, the Court may:

(a) if the potential juror requests (including by giving a note to the Judge); or

(b) of the Court's own motion;

excuse the potential juror from serving on the jury if the Court is satisfied that it is appropriate to do so in the circumstances.

(2) A potential juror who is not empanelled as one of the jurors for the trial under section 23DZJ is taken to be excused by the Court from serving on the jury at the earlier of:

(a) the closing of the session of court at which the jury delivers its verdict on all counts or a judgment of acquittal under subsection 23FH(2) is delivered; or

(b) the day after the end of the 3 month period starting on the day on which a jury is first empanelled as the jury for the trial.

23DZL Supplementary jurors

Jury panel prepared under Subdivision DA

(1) If the jury panel was prepared under subsection 23DR(1) and there is an insufficient number of potential jurors available on the jury panel for empanelment of the jury under section 23DZJ, the Court may direct the Sheriff to supplement the jury panel by:

(a) if the original panel did not include each potential juror who attended in accordance with a jury summons - selecting additional potential jurors from those attending in the same manner as was done in the formation of the original panel under section 23DR; or

(b) both:

(i) causing additional summonses to be issued under section 23DQ to persons not already summonsed under that section for the jury; and

(ii) selecting additional persons from those summonsed and appearing in accordance with that section, in the same manner as was done in the formation of the original panel under section 23DR; or

(c) selecting a sufficient number of persons in the vicinity of the Court who are qualified to serve as a juror under section 23DL.

(2) For the purposes of this Division, a person selected under paragraph (1)(c) of this section is taken to be a potential juror included on the jury panel.

Jury panel provided under Subdivision DB

(3) If the jury panel was provided to the Sheriff under section 23DU and there is an insufficient number of potential jurors available on the jury panel for empanelment of the jury under section 23DZJ, the Sheriff may:

(a) request the State/Territory jury official who provided the jury panel to the Sheriff to supplement the jury panel by selecting additional potential jurors, from those attending in accordance with a jury summons, in the same manner as was done in the formation of the original panel; or

(b) both:

(i) request the State/Territory jury official to issue summonses under subsection (4) to a sufficient number of persons mentioned in subsection (5) to supplement the jury panel; and

(ii) request the State/Territory jury official to select additional persons from those summonsed and attending in accordance with those summonses, in the same manner as was done in the formation of the original panel; or

(c) request the State/Territory jury official to supplement the jury panel by selecting a sufficient number of persons in the vicinity of the Court who are qualified to serve as a juror under a law applying under section 23DV.

(4) If a request to issue summonses is made under subparagraph (3)(b)(i) of this section, the official:

(a) must comply with the request by applying the same processes the official would apply in issuing summonses for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned; and

(b) is authorised to issue the summonses under this subsection.

(5) The persons are persons:

(a) who may be summoned under a law of the State or Territory concerned relating to juries for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned; and

(b) not already summonsed under subsection 23DU(3) for the jury.

(6) For the purposes of this Division, a person selected under paragraph (3)(c) of this section is taken to be a potential juror included on the jury panel.

23DZM Challenges to potential jurors - general

(1) This section and sections 23DZN and 23DZP set out each party's rights to challenge the inclusion of a potential juror in a jury.

(2) If a party wishes to challenge the inclusion of a potential juror in the jury, the party must do so:

(a) after the potential juror's name and/or number has been called in accordance with section 23DZJ; and

(b) before the potential juror sits in the jury box.

(3) If:

(a) the inclusion of a potential juror on the jury is challenged; and

(b) the challenge is upheld;

the potential juror must not be empanelled on the jury.

Note: The potential juror is taken to be discharged (see subsection 23EI(2)).

23DZN Challenges for cause

(1) Each party to the indictable primary proceedings may exercise an unlimited number of challenges for cause.

(2) A challenge to a potential juror for cause must be tried by a Judge before whom the jury is being empanelled.

23DZP Peremptory challenges

The accused is entitled to:

(a) 4 peremptory challenges; and

(b) an additional peremptory challenge if more than 12 jurors are to be empanelled for the indictable primary proceedings.

Note: If more than one accused is being tried (see sections 23BB and 23BD), then each accused is entitled to this number of challenges.

23DZQ Prosecutor may request that potential jurors be stood aside

(1) This section sets out the prosecutor's right to request that a potential juror be stood aside.

(2) If:

(a) a potential juror's name and/or number is called in accordance with section 23DZJ; and

(b) before the potential juror sits in the jury box, the prosecutor requests the Court to order the potential juror to stand aside;

the Court must order the potential juror to stand aside until all other potential jurors on the jury panel have been called for a first time.

(3) If:

(a) all potential jurors on the jury panel have been called for a first time; and

(b) there is fewer than the required number of jurors under section 23EAB seated in the jury box;

any potential juror who has been ordered to stand aside is eligible to have their name and/or number called a second time in accordance with section 23DZJ.

Note: Subsection 23DZJ(1) requires potential jurors to be selected at random.

(4) If a potential juror has their name and/or number called for a second time in accordance with subsection (3) the prosecutor may not request that the potential juror be stood aside.

Note: The prosecutor may still challenge the potential juror's inclusion in the jury (see section 23DZN).

(5) The prosecutor is entitled to:

(a) 4 requests under subsection (2); and

(b) an additional request under subsection (2) if more than 12 jurors are to be empanelled for the proceedings.

Copyright notice

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).