{"id":"juries-act-1927","name":"Juries Act 1927","slug":"juries-act-1927","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105612,"registerId":"sa-juries-act-1927-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Juries Act 1927","content":"South Australia\nJuries Act 1927\nAn Act to provide for the constitution, powers and duties of juries in relation to criminal trials; and for other purposes.\n\nContents\nPart A1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 1—General provisions as to trial by jury\n5\tCivil proceedings not to be tried before a jury\n6\tCriminal trial to be by jury\n6A\tAdditional jurors\n7\tTrial without jury\nPart 2—Jury districts\n8\tJury districts\nPart 3—Qualification of jurors\n11\tQualification of jurors\n12\tDisqualification from jury service\n13\tIneligibility for jury\n14\tResidence qualification\n15\tVerdict cannot be challenged on ground of disqualification or ineligibility of juror except in certain cases\n16\tPower of sheriff or judge to excuse juror or prospective juror from attendance\n16A\tJudge may excuse juror or prospective juror from attendance on safety or welfare grounds\n17\tRight of exemption for persons above the age of 70 years\nPart 4—Annual jury lists\n20\tDuty of sheriff to prepare annual jury lists\n21\tNumber of jurors on each list\n23\tSelection of names to be included in annual jury list\n24\tComing into operation of lists\n25\tQuestionnaire to be completed and returned by prospective jurors\nPart 5—Summoning of jurors and jury panels\n29\tSummoning of jurors\n30\tSummons\n32\tRegulations relating to jury panels etc\n33\tOath or affirmation\nPart 6—Proceedings upon trial\n42\tSheriff to return panel with cards\n43\tCards to be kept in ballot-box\n46\tBalloting for trial\n47\tConstitution of jury\n50\tSame jury may try several issues if no objection by parties\n54\tDuty of sheriff to provide for jury\n55\tSeparation of jury\n56\tContinuation of trial with less than full number of jurors\n57\tMajority and alternative verdicts\n59\tFresh proceedings may be taken\n60\tCourt may order another trial\n60A\tJury may consist of men or women only\nPart 7—Challenge etc\n61\tChallenge\n63\tPeremptory challenges in excess of permitted number\n64\tTime for challenging\n65\tRights to peremptory challenge where persons jointly charged\n66\tChallenge on ground of ineligibility or disqualification\n67\tCommon law rights of challenge preserved\n68\tTrial of challenge for cause\n69\tPower to summon further jurors\nPart 8—Fees\n70\tPayment of jurors etc\nPart 9—Offences\n78\tOffence by jurors\nPart 10—Miscellaneous\n85\tJury de medietate linguae abolished\n86\tAbolition of jury de ventre inspiciendo\n88\tView during trial\n89\tPower to make rules\n92\tEffect of this Act on Coroners Act\n93\tRegulations\nSchedule 3—Persons ineligible for jury service\n1\tInterpretation\n2\tPersons ineligible for jury service\nSchedule 6—Oath or affirmation\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart A1—Preliminary\n1—Short title\nThis Act may be cited as the Juries Act 1927.\n3—Interpretation\n\t(1)\tIn this Act, unless inconsistent with the context or some other meaning is clearly intended—\ncivil trial means the trial of an action, or any issue arising in or in relation to an action, before a court exercising civil jurisdiction;\ncriminal trial means the trial of an indictable offence or of an issue arising in or in relation to the trial of an indictable offence before a court exercising criminal jurisdiction;\nsheriff includes deputy sheriff and any other person for the time being performing the functions of the sheriff under this Act;\nsubdivision means subdivision of any electoral district for the purpose of electing members of the House of Assembly.\nPart 1—General provisions as to trial by jury\n5—Civil proceedings not to be tried before a jury\nNo civil trial is to be held before a jury.\n6—Criminal trial to be by jury\n\t(1)\tA criminal trial in the Supreme Court or the District Court is, subject to this Act, to be by jury.\n\t(2)\tThe jury is, subject to this Act, to consist of 12 persons qualified and liable to serve as jurors.\n6A—Additional jurors\n\t(1)\tIf the court thinks there are good reasons for doing so, the court may order that an additional juror, or 2 or 3 additional jurors, be empanelled for a criminal trial.\n\t(2)\tIf an additional juror or additional jurors have been empanelled and, when the jury is about to retire to consider its verdict, or to consider whether to return a verdict without hearing further evidence, the jury consists of more than 12 jurors, a ballot will be held to exclude from the jury sufficient jurors to reduce the number of the jury to 12.\n\t(3)\tIf a juror or jurors are excluded from the jury under subsection (2), the court will either—\n\t(a)\tdischarge them from further service as jurors for the trial; or\n\t(b)\tif a number of separate issues are to be decided separately by the jury—direct that they rejoin the jury when the issue in relation to which they have been excluded from the jury has been decided; or\n\t(c)\tif the jury is retiring to consider whether or not to return a verdict without hearing further evidence—direct that they rejoin the jury in the event that the jury decides that it wishes to hear further evidence before returning a verdict.\n\t(4)\tIf a jury has chosen one of its members to speak on behalf of the jury as a whole, that juror is not subject to exclusion by ballot under subsection (2).\n7—Trial without jury\n\t(1)\tSubject to this section, where, in a criminal trial before the Supreme Court or the District Court—\n\t(a)\tthe accused elects, in accordance with the rules of court, to be tried by the judge alone; and\n\t(b)\tthe presiding judge is satisfied that the accused, before making the election, sought and received advice in relation to the election from a legal practitioner,\nthe trial will proceed without a jury.\n\t(2)\tNo election may be made under subsection (1) where the accused is charged with a minor indictable offence and has elected to be tried in the District Court.\n\t(3)\tWhere two or more persons are jointly charged, no election may be made under subsection (1) unless all of those persons concur in the election.\n\t(3a)\tWhere an information is presented to the District Court or the Supreme Court under section 103 of the Criminal Procedure Act 1921 and the information includes a charge of a serious and organised crime offence (within the meaning of the Criminal Law Consolidation Act 1935), the Director of Public Prosecutions may apply to the court for an order that the accused be tried by judge alone.\n\t(3b)\tThe court may make an order on an application under subsection (3a) if it considers it is in the interests of justice to do so (and may do so at any time before commencement of the trial of the matter, regardless of whether a jury has been constituted in accordance with this Act to try the issues on the trial).\n\t(3c)\tWithout limiting subsection (3b), the court may make an order on an application under subsection (3a) if it considers that there is a real possibility that acts that may constitute an offence under section 245 or 248 of the Criminal Law Consolidation Act 1935 would be committed in relation to a member of a jury.\n\t(3d)\tAn order of a court on an application under subsection (3a) may be appealed against in the same manner as a decision on an issue antecedent to trial.\n\t(4)\tIf a criminal trial proceeds without a jury under this section, the judge may make any decision that could have been made by a jury and such a decision will, for all purposes, have the same effect as a verdict of a jury.\nPart 2—Jury districts\n8—Jury districts\n\t(1)\tThe following jury districts are constituted:\nThe Adelaide Jury District;\nThe Northern Jury District;\nThe South-Eastern Jury District.\n\t(2)\tThe jury districts constituted under subsection (1) consist of the subdivisions declared by the Governor by proclamation.\n\t(4)\tA jury district is not affected by the alteration or abolition of any subdivision comprised in the district under the Electoral Act 1929, or any other law.\n\t(5)\tThe Governor may from time to time, by proclamation, vary the area of any jury district, provided that the area of the district, as varied, consists of one or more complete subdivisions.\nPart 3—Qualification of jurors\n11—Qualification of jurors\nEach person residing in South Australia who is enrolled on the roll of electors and who is entitled to vote at the election of members of the House of Assembly is, subject to the exceptions mentioned in this Act, qualified and liable to serve as a juror.\n12—Disqualification from jury service\n\t(1)\tA person is disqualified from jury service if, either in this State or elsewhere—\n\t(a)\the or she has been convicted of an offence for which death or life imprisonment is a mandatory, or the maximum, penalty; or\n\t(b)\the or she has been sentenced to imprisonment for a term exceeding 2 years; or\n\t(c)\twithin the period of 10 years immediately preceding the relevant date, he or she—\n\t(i)\thas served the whole, or a part, of a term of imprisonment; or\n\t(ii)\thas served the whole, or a part, of a term of detention in an institution for the correction or training of young offenders; or\n\t(iii)\thas been on probation or parole; or\n\t(d)\twithin the period of 5 years immediately preceding the relevant date, he or she—\n\t(i)\thas been convicted of an offence punishable by imprisonment; or\n\t(ii)\thas been disqualified by order of a court from holding or obtaining a driver's licence for a period exceeding 6 months; or\n\t(e)\the or she is, at the relevant date, subject to a bond to be of good behaviour; or\n\t(f)\the or she has been charged with an offence punishable by imprisonment and the charge has not yet been determined.\n\t(1a)\tThe Commissioner of Police must, at the request of the sheriff, investigate and report on any matter relevant to determining whether or not a person is disqualified from jury service under this section.\n\t(2)\tIn this section, a reference to the relevant date is a reference to the date on which the qualification of a prospective juror for jury service falls to be determined.\n13—Ineligibility for jury\nA person is ineligible for jury service if he or she—\n\t(a)\tis mentally or physically unfit to carry out the duties of a juror; or\n\t(b)\thas insufficient command of the English language to enable him or her properly to carry out the duties of a juror; or\n\t(c)\tis one of those persons declared by Schedule 3 to be ineligible for jury service.\n14—Residence qualification\nSubject to section 69, a person is not liable to serve as a juror in any court unless he or she resides within the jury district in which the jury is to be empanelled.\n15—Verdict cannot be challenged on ground of disqualification or ineligibility of juror except in certain cases\nA verdict cannot be challenged on the ground that a member of the jury was disqualified from, or ineligible for, jury service unless the allegation of disqualification or ineligibility was made before the juror was sworn.\n16—Power of sheriff or judge to excuse juror or prospective juror from attendance\n\t(1)\tA judge or the sheriff may, on application by or on behalf of a person summoned to render jury service but not serving on a jury in the course of a criminal trial, excuse the person from attendance or further attendance in compliance with the summons.\n\t(2)\tA person may be excused under this section—\n\t(a)\ton the ground that the person has served as a juror within the previous three years;\n\t(b)\ton the ground that the person is one of two or more partners from the same partnership, or of two or more persons employed in the same establishment, who have been summoned to attend as jurors on the same days;\n\t(c)\tbecause of ill-health, conscientious objection or a matter of special urgency or importance;\n\t(d)\tfor any reasonable cause.\n\t(3)\tInformation provided in support of the application may be required to be given on oath or to be in the form of or verified by an affidavit or statutory declaration.\n\t(4)\tThe judge or sheriff may, as a condition of excusing a person under this section, order that—\n\t(a)\tthe name of the person be included amongst the names of jurors to be summoned for jury service at a specified subsequent time; or\n\t(b)\tthe person attend in compliance with the summons at a specified subsequent time and specified place or at a time and place to be directed by the sheriff.\n\t(5)\tIf the sheriff declines to excuse a person under this section or excuses the person on conditions, the person may apply to a judge for review of the sheriff's decision and, on such a review, the judge may affirm the decision or quash the decision and substitute a decision that the judge thinks appropriate.\n16A—Judge may excuse juror or prospective juror from attendance on safety or welfare grounds\n\t(1)\tA judge may, by notice in writing, excuse a person summoned to render jury service but not serving on a jury in the course of a criminal trial from attendance or further attendance in compliance with the summons on the ground that the attendance of the person poses or would pose a risk to the safety or welfare of another person.\n\t(2)\tA person may be excused under subsection (1) on an application by the sheriff or on the judge's own initiative.\n\t(3)\tThe judge may, as a condition of excusing a person under this section, order that—\n\t(a)\tthe name of the person be included amongst the names of jurors to be summoned for jury service at a specified subsequent time; or\n\t(b)\tthe person attend in compliance with the summons at a specified subsequent time and specified place or at a time and place to be directed by the sheriff.\n17—Right of exemption for persons above the age of 70 years\n\t(1)\tA judge or the sheriff must, on application by or on behalf of a person summoned to render jury service but not serving on a jury in the course of a criminal trial, excuse the person from attendance or further attendance in compliance with the summons if satisfied that the person is above the age of 70 years.\n\t(2)\tInformation provided in support of an application may be required to be given on oath or to be in the form of or verified by an affidavit or statutory declaration.\nPart 4—Annual jury lists\n20—Duty of sheriff to prepare annual jury lists\n\t(1)\tThe sheriff must, before 31 December in each year, prepare an annual jury list for each jury district in accordance with this Part.\n\t(2)\tThe Electoral Commissioner must give to the sheriff all such assistance in preparing the annual jury lists and jury panels under this Act as the sheriff may reasonably require.\n21—Number of jurors on each list\n\t(1)\tThe annual jury list for the Adelaide Jury District must contain such number of names as the sheriff considers necessary, but not less than 3 000.\n\t(2)\tThe annual jury list for any other jury district must contain such number of names as the sheriff considers necessary, but not less than 500.\n23—Selection of names to be included in annual jury list\n\t(1)\tThe names of the persons to be included in an annual jury list must be drawn from the names appearing on the rolls for the electoral subdivisions contained in the jury district and the list must include names from each such roll.\n\t(2)\tThe selection of names from the electoral roll for a subdivision—\n\t(a)\tmust be made by ballot or by use of a computer programmed to make a random selection; and\n\t(b)\tmust be made so that the ratio of the number of names drawn from the roll for the subdivision to the total number of names to be included in the jury list for the jury district is equal, or approximately equal, to the ratio of the number of names on the roll for the subdivision to the total number of names on the rolls for all the subdivisions contained in the jury district.\n\t(3)\tWhere it appears from information contained in an electoral roll that a person whose name has been selected for inclusion in an annual jury list is ineligible for jury service, the name of that person must be rejected and the process of selection must continue until the number of names to be drawn from the electoral roll is complete.\n\t(3a)\tWhere it appears to the sheriff from information contained in an electoral roll that a person whose name has been selected for inclusion in an annual jury list resides at a place that is more than 150 kilometres from the place at which the jury is to be empanelled, the sheriff—\n\t(a)\tmust give written notice to the person that his or her name has been selected for inclusion in the annual jury list for a particular year but that it will not be so included unless the sheriff receives, within one month of the date of the notice, a written request from the person that his or her name is to be so included; and\n\t(b)\twill not include the person's name in the annual jury list unless such a request is received within one month of the date of the notice.\n\t(4)\tWhere names for inclusion in an annual jury list are to be selected by ballot, the ballot must be conducted under the supervision of the Electoral Commissioner.\n24—Coming into operation of lists\nAn annual jury list comes into force on 1 January next after the preparation of the list.\n25—Questionnaire to be completed and returned by prospective jurors\n\t(1)\tAt any time after the preparation of an annual jury list, the sheriff may send to any person whose name appears on the list a questionnaire relating to matters contained in this Act in the prescribed form, to be completed and returned by that person.\n\t(2)\tA person—\n\t(a)\twho, without reasonable excuse, fails to fill in and return the questionnaire in accordance with the accompanying directions of the sheriff; or\n\t(b)\twho includes in the questionnaire information that is false or deliberately misleading,\nis guilty of an offence.\nMaximum penalty: $1 250.\nPart 5—Summoning of jurors and jury panels\n29—Summoning of jurors\n\t(1)\tThe sheriff must, from time to time as occasion requires, make such inquiries as are necessary to ascertain whether, and if so, how many, jurors are required for proposed criminal trials commencing in each jury district in each month.\n\t(2)\tThe sheriff must, in respect of each month, summon such jurors (if any) as are necessary for the purposes of criminal trials commencing in each jury district in that month.\n\t(3)\tThe names of jurors to be summoned in respect of any month in a jury district will be determined—\n\t(a)\tby ballot; or\n\t(b)\tby random selection made by computer.\n\t(4)\tThe names from which the ballot or random selection is made will comprise the names of all jurors included on the jury list for the appropriate year, excluding the names of those who have previously been summoned for jury service in that year.\n\t(5)\tWhere the number of jurors on a jury list is not sufficient to provide jurors for all criminal trials occurring in the course of the year for which the list was compiled, the names of jurors who have previously been summoned for jury service during the year, but not less than 6 months earlier, must again be included amongst the names from which the ballot or random selection is made.\n30—Summons\n\t(1)\tA summons under this Part must be in the prescribed form.\n\t(3)\tA summons must be served—\n\t(a)\tby a member of the police force at least 7 clear days before the day on which the person summoned is required to attend as a juror by delivering the summons personally to the person summoned or, where the person is absent from his or her usual place of residence, by leaving the summons with some person who is resident there; or\n\t(b)\tby the sheriff forwarding the summons by ordinary pre-paid post to the address of that person as it appears on the annual jury list, so that the summons would, in the ordinary course of post, be delivered to that address at least 7 clear days before the day on which that person is required to attend as a juror.\n32—Regulations relating to jury panels etc\nThe Governor may make regulations—\n\t(a)\testablishing procedures for constituting jury panels;\n\t(b)\tmaking provision for further jury service by a juror included in a jury panel or jury;\n\t(c)\texcusing, or making provision for the sheriff or a judge to excuse, such jurors from further jury service in compliance with their summonses;\n\t(d)\totherwise relating to the management of jurors or jury panels.\n33—Oath or affirmation\nThe sheriff must cause all jurors who attend in obedience to the summons to take an oath or affirmation in the form of Schedule 6.\nPart 6—Proceedings upon trial\n42—Sheriff to return panel with cards\nOn the day appointed for the commencement of a criminal trial for which a jury is required, the sheriff must, in open court—\n\t(a)\tdeliver to the proper officer of the court a list containing the names of the jury panel for that trial; and\n\t(b)\tfurnish the proper officer of the court with the names of the jurors comprising the panel written upon separate cards that are, as nearly as practicable, of equal size and shape.\n43—Cards to be kept in ballot-box\nThe proper officer must, upon receipt of the cards, keep them together in the ballot box provided for the purpose.\n46—Balloting for trial\nWhen it is necessary to constitute a jury for the purposes of a criminal trial, the proper officer must, in open court, draw out of the ballot box, one after the other, a number of cards equal to the number of jurors required to constitute the jury and, if any of the persons whose names are so drawn do not appear, or are challenged and set aside, then such further number must be drawn until the full number of jurors is drawn and appears after all just causes of challenge are allowed.\n47—Constitution of jury\nThe full number of jurors so first drawn and appearing will be the jury to try the issues on the trial.\n50—Same jury may try several issues if no objection by parties\nWhere no objection is made on behalf of any party, the court may try any issue with the same jury that has previously tried, or been drawn to try, any other issue.\n54—Duty of sheriff to provide for jury\nThe sheriff must make reasonable provision for the comfort and refreshment of the jury.\n55—Separation of jury\n\t(1)\tThe court may, if it thinks there are proper reasons to do so, permit the jury to separate.\n\t(2)\tSuch a permission may be granted even though the jury has retired to consider its verdict or to consider whether to return a verdict without hearing further evidence.\n\t(3)\tWhen the court permits a jury to separate, it may impose conditions to be complied with by the jurors.1\nExample—\n1\tFor example—\n\t(a)\ta condition might be imposed requiring the jurors to reassemble at a specified time and place;\n\t(b)\ta condition might be imposed prohibiting the jurors from discussing the case with anyone (except another juror) during the separation.\n56—Continuation of trial with less than full number of jurors\n\t(1)\tIf during the course of a criminal trial the presiding judge is satisfied that, by reason of the ill health of a juror or a matter of special urgency or importance, a juror should be excused from further attendance, the judge may order that the juror be excused from further attendance during that trial and for such further period (if any) as the judge determines.\n\t(2)\tIf during the course of a criminal trial a juror dies or is excused under subsection (1), or fails to attend without lawful excuse, the trial will, subject to any contrary direction by the presiding judge, continue with the reduced number of jurors, provided that the number of jurors has not been reduced to less than 10.\n57—Majority and alternative verdicts\n\t(1)\tSubject to subsection (2), where a jury, having retired to consider its verdict, has remained in deliberation for at least 4 hours and the jurors have not then reached a unanimous verdict—\n\t(a)\tif a sufficient number agrees to enable the jury to return a majority verdict—a majority verdict will be returned; but\n\t(b)\totherwise—the jury may be discharged from giving a verdict.\n\t(2)\tNo verdict that an accused person is guilty of murder or treason can be returned by majority.\n\t(3)\tWhere an accused person is charged with a particular offence (the major offence) and it is possible for a jury to return a verdict of not guilty of the offence charged but guilty of some other offence for which the person has not been charged (the alternative offence)—\n\t(a)\tthe jury must consider whether the accused is guilty of the major offence before considering whether he or she is guilty of the alternative offence; and\n\t(b)\tif the jury reaches a verdict (either unanimously or by majority) that the accused is not guilty of the major offence but then, having been in deliberation for at least 4 hours, is unable to reach a verdict on the question of whether the accused is guilty of the alternative offence—\n\t(i)\tthe accused must be acquitted of the major offence; and\n\t(ii)\tthe jury may be discharged from giving a verdict in respect of the alternative offence; and\n\t(iii)\tfresh proceedings may be taken against the accused on a charge of the alternative offence.\n\t(4)\tIn this section—\nmajority verdict means—\n\t(a)\twhere the jury, at the time of returning its verdict, consists of 12 jurors—a verdict in which 10 or 11 jurors concur;\n\t(b)\twhere the jury, at the time of returning its verdict, consists of 11 jurors—a verdict in which 10 jurors concur;\n\t(c)\twhere the jury, at the time of returning its verdict, consists of 10 jurors—a verdict in which 9 jurors concur,\nand by majority has a corresponding meaning.\n59—Fresh proceedings may be taken\n\t(1)\tIf a jury is discharged from giving a verdict, fresh proceedings may be taken as if there had been no trial before the jury so discharged.\n\t(2)\tSubject to subsection (3), a jury will, for the purposes of section 57, be taken to remain in deliberation for the total duration of any period between the time at which the jury retires to consider its verdict and the time at which the jury returns to the court room for the purpose of delivering its verdict.\n\t(3)\tWhere there has been a prolonged interruption of the deliberation of a jury, the presiding judge may, by order, determine that a period fixed in the order will not be taken into account as a period for which the jury has remained in deliberation, and any such order has effect according to its terms.\n60—Court may order another trial\nIf at the time of discharging a jury the court thinks proper so to order, another trial may forthwith, or at some other time during the same or some future sittings, be commenced and proceeded with as if the previous trial had not been commenced; but no member of the jury so discharged may serve as a juror on that other trial.\n60A—Jury may consist of men or women only\n\t(1)\tIf at the trial of any issue the court is of the opinion that, by reason of the nature of the evidence to be given or the issue to be tried—\n\t(a)\tthe jury should consist of men only; or\n\t(b)\tthe jury should consist of women only,\nthe court may, despite any other provision of this Part, order that the jury for the trial of that issue be empanelled accordingly.\n\t(2)\tAn order under subsection (1) may be made upon application by one of the parties to the trial or by the court on its own initiative.\nPart 7—Challenge etc\n61—Challenge\n\t(1)\tIn all criminal trials by jury, each party (including the prosecution) may challenge 3 jurors peremptorily.\n\t(2)\tThe number of peremptory challenges is not increased by an order that additional jurors be empanelled.\n63—Peremptory challenges in excess of permitted number\nA peremptory challenge above the numbers allowed under this Act is void, and the trial will proceed as if no such challenge had been made.\n64—Time for challenging\nA challenge must be made as the juror comes to take his or her seat and before he or she takes it.\n65—Rights to peremptory challenge where persons jointly charged\nWhere two or more persons are jointly charged, each is entitled to challenge 3 jurors peremptorily.\n66—Challenge on ground of ineligibility or disqualification\nA juror may be challenged on the ground that he or she is ineligible to act, or disqualified from acting, as a juror and, if the court is satisfied of the ineligibility or disqualification, the juror must be discharged.\n67—Common law rights of challenge preserved\nNothing in this Act affects a right of challenge that exists at common law.\n68—Trial of challenge for cause\nWhere a juror is challenged for cause and it is necessary to determine whether he or she has been properly challenged for that cause, the matter will be tried by the presiding judge.\n69—Power to summon further jurors\n\t(1)\tWhere a jury for a criminal trial cannot be constituted because there are insufficient jurors in attendance, the sheriff must, if the presiding judge so directs, summon further persons who are eligible to serve as jurors to attend as jurors at the trial.\n\t(2)\tThe persons to be summoned under subsection (1) will be chosen as the presiding judge may direct.\nPart 8—Fees\n70—Payment of jurors etc\n\t(1)\tIf a person summoned to render jury service punctually attends a court in compliance with the summons—\n\t(a)\tthe person is, unless he or she is paid wages or salary by an employer in respect of the period during which the person attends a court for the purposes of jury service, entitled to be remunerated in accordance with the prescribed scale;\n\t(b)\tif the person is paid wages or salary by an employer in respect of the period referred to in paragraph (a), the employer is entitled to be reimbursed an amount equal to the amount of remuneration that the person would have been entitled to under that paragraph had he or she not been paid such wages or salary.\n\t(2)\tAny payment to be made under subsection (1) must be made out of the Consolidated Account (which is appropriated to the necessary extent).\nPart 9—Offences\n78—Offence by jurors\n\t(1)\tA person who—\n\t(a)\thaving been duly summoned to attend as a juror, does not attend in obedience to the summons or, having been called three times, does not answer to his or her name; or\n\t(d)\thaving been summoned as a juror, takes any sum beyond the scale allowed by this Act under pretence that he or she is entitled to that sum as a fee or remuneration for attendance as a juror,\nis guilty of an offence.\nMaximum penalty: $1 250.\n\t(2)\tThe Supreme Court or the District Court may, if it thinks fit, proceed to deal with an offence, or alleged offence, under subsection (1) summarily and without formality.\nPart 10—Miscellaneous\n85—Jury de medietate linguae abolished\nNo alien is entitled to be tried by a jury one-half of which consists of aliens (formerly known as a jury de medietate linguae), but is triable in the same manner as if he or she were a natural born subject.\n86—Abolition of jury de ventre inspiciendo\nNo jury to inquire whether a woman is with child or not (formerly known as a jury de ventre inspiciendo) may be empanelled or sworn.\n88—View during trial\nIn any criminal trial, the court or judge may, at any time before verdict, order a view of any place or property by the jury and may make such orders binding on the sheriff or any other person and give such directions as the court or judge thinks necessary for the purposes of the view, and the view will be held accordingly.\n89—Power to make rules\n\t(1)\tThe Chief Justice of the Supreme Court and the Chief Judge of the District Court may jointly make such rules as they consider necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of the provisions of subsection (1), those rules may—\n\t(a)\tprescribe the minimum number of jurors to comprise a jury panel from which a jury may be constituted;\n\t(b)\tmake any provision in relation to the conduct of a ballot by the sheriff under this Act;\n\t(c)\tmake any provision in relation to the time and manner in which jurors are to be sworn;\n\t(d)\tmake any provision that will conduce to the proper and efficient administration of this Act.\n92—Effect of this Act on Coroners Act\nNothing in this Act alters or affects any of the laws in force in the State relating to a coronial inquest.\n93—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nSchedule 3—Persons ineligible for jury service\n1—Interpretation\nIn this Schedule—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nspouse—a person is the spouse of another if they are legally married.\n2—Persons ineligible for jury service\nThe following persons are ineligible for jury service:\nThe Governor, the Lieutenant Governor and their spouses or domestic partners;\nMinisters of the Crown and their spouses or domestic partners;\nMembers of Parliament;\nMembers of the judiciary or magistracy and their spouses or domestic partners;\nJustices of the peace who perform court duties and their spouses or domestic partners;\nLegal practitioners actually practising as such;\nMembers of the police force and their spouses or domestic partners;\nPersons employed in a department of the Government, or employed by a body prescribed by regulation, whose duties of office are connected with the investigation of offences, the administration of justice or the punishment of offenders;\nPersons employed in the administration of courts or in the recording or transcription of evidence taken before courts.\nSchedule 6—Oath or affirmation\n\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1927\n1805\nJuries Act 1927\n30.11.1927\n6.1.1928 except ss 20—28—30.11.1927: s 1 (Gazette 5.1.1928 p1)\n1937\n2356\nJuries Act Amendment Act 1937\n10.11.1937\n10.11.1937\n1957\n42\nStatute Law Revision Act 1957\n14.11.1957\n14.11.1957\n1965\n28\nJuries Act Amendment Act 1965\n25.11.1965\n2.12.1965 (Gazette 2.12.1965 p1953)\n1969\n74\nJuries Act Amendment Act 1969\n11.12.1969\n31.8.1970 (Gazette 20.8.1970 p696)\n1971\n31\nJuries Act Amendment Act 1971\n22.4.1971\n22.4.1971\n1972\n54\nLocal and District Criminal Courts Act Amendment Act 1972\n27.4.1972\n9.11.1972 (Gazette 9.11.1972 p2252)\n1974\n30\nJuries Act Amendment Act 1974\n11.4.1974\n12.9.1974 (Gazette 12.9.1974 p1736)\n1976\n11\nJuries Act Amendment Act 1976\n4.3.1976\n4.3.1976 (Gazette 4.3.1976 p940)\n1976\n115\nStatutes Amendment (Capital Punishment Abolition) Act 1976\n23.12.1976\n23.12.1976\n1977\n\nproclamation (Gazette 20.10.1977 p1180)\n—\n20.10.1977\n1978\n\nproclamation (Gazette 26.1.1978 p368)\n—\n26.1.1978\n1984\n\nproclamation (Gazette 4.10.1984 p1035)\n—\n4.10.1984\n1984\n81\nJuries Act Amendment Act 1984\n15.11.1984\n2.1.1985 (Gazette 13.12.1984 p1811)\n1984\n\nproclamation (Gazette 29.11.1984 p1700)\n—\n29.11.1984\n1985\n\nproclamation (Gazette 22.8.1985 p510)\n—\n22.8.1985\n1985\n118\nJuries Act Amendment Act 1985\n10.11.1985\n1.12.1985 (Gazette 21.11.1985 p1542)\n1991\n49\nDirector of Public Prosecutions Act 1991\n21.11.1991\n6.7.1992 (Gazette 25.6.1992 p1869)\n1992\n35\nStatutes Amendment and Repeal (Public Offences) Act 1992\n21.5.1992\n6.7.1992 (Gazette 2.7.1992 p209)\n1992\n\nproclamation (Gazette 20.8.1992 p882)\n—\n20.8.1992\n1994\n24\nJuries (Jurors in Remote Areas) Amendment Act 1994\n26.5.1994\n26.5.1994\n1996\n67\nStatutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\ns 21—17.10.1996 (Gazette 17.10.1996 p1361)\n1997\n49\nJuries (Miscellaneous) Amendment Act 1997\n31.7.1997\n9.3.1998 (Gazette 5.3.1998 p1062)\n1997\n69\nStatutes Amendment (Ministers of the Crown) Act 1997\n11.12.1997\nPt 4 (s 9)—17.12.1997 (Gazette 17.12.1997 p1639)\n2000\n44\nJuries (Miscellaneous) Amendment Act 2000\n13.7.2000\n29.10.2000 (Gazette 26.10.2000 p2786)\n2003\n33\nCoroners Act 2003\n31.7.2003\nSch (Pt 10)—1.7.2005 (Gazette 23.6.2005 p1899) \n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2004\n23\nStatutes Amendment (Courts) Act 2004\n8.7.2004\nPt 7 (ss 18, 20—22)—1.9.2004 (Gazette 26.8.2004 p3402) except ss 19 & 23—14.3.2005 (Gazette 28.10.2004 p4083)\n2005\n62\nStatutes Amendment and Repeal (Aggravated Offences) Act 2005\n1.12.2005\nPt 4 (s 26)—15.5.2006 (Gazette 20.4.2006 p1127)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 41 (s 143)—4.9.2006 (Gazette 17.8.2006 p2831)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 49 (ss 142 & 143)—1.6.2007 (Gazette 26.4.2007 p1352)\n2012\n12\nStatutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 10 (s 44)—17.6.2012 (Gazette 14.6.2012 p2756)\n2016\n28\nStatutes Amendment (Attorney-General's Portfolio) Act 2016\n16.6.2016\nPt 10 (ss 25 & 26)—16.6.2016: s 2(1)\n2017\n18\nSummary Procedure (Indictable Offences) Amendment Act 2017\n14.6.2017\nSch 2 (cll 27 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)\n2025\n3\nStatutes Amendment (Criminal Proceedings) Act 2025\n13.2.2025\nPt 3 (s 4)—1.7.2025 (Gazette 12.6.2025 p1408)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 293.\n\t•\tCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 1 March 1985. A Schedule of these alterations was laid before Parliament on 26 February 1985.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 81/1984 Sch\n2.1.1985\n\namended by 44/2000 s 3\n29.10.2000\nPt A1 heading\ninserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 1\nsubstituted by 81/1984 s 3\n2.1.1985\ns 2\ndeleted by 81/1984 s 4\n2.1.1985\ns 3\n\n\ns 3(1)\n\n\ncivil inquest\ndeleted by 44/2000 s 4\n29.10.2000\ncivil trial\ninserted by 44/2000 s 4\n29.10.2000\ncriminal inquest\namended by 81/1984 Sch\n2.1.1985\n\ndeleted by 44/2000 s 4\n29.10.2000\ncriminal trial\ninserted by 44/2000 s 4\n29.10.2000\nDistrict Criminal Court\ndeleted by 24/1994 s 2(a)\n26.5.1994\nDistrict Criminal Court district\ndeleted by 24/1994 s 2(a)\n26.5.1994\ninquest\ndeleted by 81/1984 Sch\n2.1.1985\nSenior Judge\ndeleted by 24/1994 s 2(a)\n26.5.1994\nsubdivision roll\ndeleted by 81/1984 Sch\n2.1.1985\nSupreme Court\ndeleted by 24/1994 s 2(a)\n26.5.1994\ns 3(2)\ndeleted by 24/1994 s 2(b)\n26.5.1994\ns 4\ndeleted by 81/1984 Sch\n2.1.1985\nPt 1\n\n\ns 5\nsubstituted by 81/1984 s 5\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\nsubstituted by 44/2000 s 5\n29.10.2000\ns 6\nsubstituted by 81/1984 s 5\n2.1.1985\n\namended by 24/1994 ss 3, 11 (Sch)\n26.5.1994\n\nsubstituted by 44/2000 s 5\n29.10.2000\ns 6A\ninserted by 44/2000 s 5\n29.10.2000\ns 6A(2)\namended by 23/2004 s 18(1)\n1.9.2004\ns 6A(3)\namended by 23/2004 s 18(2)\n1.9.2004\ns 7\nsubstituted by 81/1984 s 5\n2.1.1985\ns 7(1)\namended by 24/1994 ss 4(a), 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 6\n29.10.2000\ns 7(2)\namended by 24/1994 s 4(b)\n26.5.1994\ns 7(3a)\ninserted by 12/2012 s 44\n17.6.2012\n\namended by 18/2017 Sch 2 cl 27\n5.3.2018\ns 7(3b)—(3d)\ninserted by 12/2012 s 44\n17.6.2012\ns 7(4)\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 6\n29.10.2000\n\nsubstituted by 62/2005 s 26\n15.5.2006\nPt 2\n\n\ns 8\n\n\ns 8(1)\nsubstituted by 24/1994 s 5(a)\n26.5.1994\ns 8(2)\nsubstituted by 24/1994 s 11 (Sch)\n26.5.1994\ns 8(3)\nsubstituted by 24/1994 s 5(b)\n26.5.1994\n\ndeleted by 67/1996 s 21\n17.10.1996\ns 8(4)\namended by 24/1994 s 11 (Sch)\n26.5.1994\nPt 3\n\n\ns 11 before substitution by 28/2016\namended by 81/1984 s 6\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 11(a1)\ndeleted by 81/1984 s 6(a)\n2.1.1985\ns 11\nsubstituted by 28/2016 s 25\n16.6.2016\ns 12\nsubstituted by 81/1984 s 7\n2.1.1985\ns 12(1)\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 12(1a)\ninserted by 49/1997 s 3\n9.3.1998\ns 13\nsubstituted by 81/1984 s 8\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 14\namended by 81/1984 s 9\n2.1.1985\n\namended by 24/1994 ss 6, 11 (Sch)\n26.5.1994\ns 14A\ndeleted by 11/1976 s 3\n4.3.1976\ns 15\nsubstituted by 81/1984 s 10\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 7\n29.10.2000\ns 16\nsubstituted by 81/1984 s 11\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\nsubstituted by 49/1997 s 4\n9.3.1998\ns 16(1)\namended by 44/2000 s 8\n29.10.2000\ns 16A\ninserted by 3/2025 s 4\n1.7.2025\ns 17\namended by 81/1984 s 12\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\ndeleted by 49/1997 s 4\n9.3.1998\ns 17\ninserted by 28/2016 s 26\n16.6.2016\ns 18\namended by 81/1984 s 13, Sch\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\ndeleted by 49/1997 s 4\n9.3.1998\ns 19\namended by 81/1984 s 14\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\ndeleted by 49/1997 s 4\n9.3.1998\nPt 4\n\n\nheading\namended by 81/1984 Sch\n2.1.1985\ns 20\namended by 81/1984 Sch\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 21\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 22\ndeleted by 81/1984 Sch\n2.1.1985\ns 23\nsubstituted by 81/1984 s 15\n2.1.1985\ns 23(3a)\ninserted by 24/1994 s 7\n26.5.1994\ns 23A\ndeleted by 81/1984 s 15\n2.1.1985\ns 24\namended by 81/1984 Sch\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 25\ninserted by 81/1984 s 16\n2.1.1985\ns 25(2)\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 9\n29.10.2000\nPt 5\n\n\ns 29\n\n\ns 29(1)\namended by 81/1984 s 17(a)\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 10\n29.10.2000\ns 29(2)\namended by 81/1984 s 17(b)\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 10\n29.10.2000\ns 29(3) and (4)\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 29(5)\namended by 81/1984 s 17(c), Sch\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 10\n29.10.2000\ns 30\n\n\ns 30(1)\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 23/2004 s 19\n14.3.2005\ns 30(2)\ndeleted by 11/1976 s 4(a)\n4.3.1976\ns 30(3)\namended by 11/1976 s 4(b)\n4.3.1976\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 31 before deletion by 23/2004\n\n\ns 31(1)\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 31(2)\nsubstituted by 81/1984 s 18\n2.1.1985\n\namended by 49/1991 Sch 2\n6.7.1992\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 11\n29.10.2000\ns 31(3) and (4)\ndeleted by 81/1984 s 18\n2.1.1985\ns 31\ndeleted by 23/2004 s 20\n1.9.2004\ns 32\namended by 11/1976 s 5\n4.3.1976\n\namended by 81/1984 s 19\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\nsubstituted by 49/1997 s 5\n9.3.1998\ns 33\namended by 24/1994 s 11 (Sch)\n26.5.1994\nPt 6\n\n\ns 42\namended by 81/1984 s 20\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 12\n29.10.2000\ns 43\nsubstituted by 81/1984 s 21\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 46\namended by 81/1984 s 22\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 13\n29.10.2000\ns 47\namended by 81/1984 s 23\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 14\n29.10.2000\ns 54\nsubstituted by 81/1984 s 24\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 55\namended by 81/1984 Sch\n2.1.1985\n\nsubstituted by 44/2000 s 15\n29.10.2000\ns 55(2)\namended by 23/2004 s 21\n1.9.2004\ns 55A\namended by 115/1976 s 16\n23.12.1976\n\ndeleted by 81/1984 s 25\n2.1.1985\ns 56\namended by 115/1976 s 16\n23.12.1976\n\nsubstituted by 81/1984 s 25\n2.1.1985\ns 56(1)\namended by 44/2000 s 16\n29.10.2000\ns 56(2)\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 16\n29.10.2000\ns 57\namended by 115/1976 s 16 \n23.12.1976\n\nsubstituted by 81/1984 s 26\n2.1.1985\ns 57(1)—(3)\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 58\ndeleted by 81/1984 s 27\n2.1.1985\ns 59\n\n\ns 59(1)\nsubstituted by 81/1984 s 28(a)\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 17\n29.10.2000\ns 59(2)\namended by 81/1984 s 28(b)\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 59(3)\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 60\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 18\n29.10.2000\ns 60A\n\n\ns 60A(1)\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 60A(2)\namended by 44/2000 s 19\n29.10.2000\n\namended by 17/2006 s 143\n4.9.2006\ns 60B\ndeleted by 11/1976 s 6\n4.3.1976\nPt 7\n\n\nheading\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 61\namended by 81/1984 s 29, Sch\n2.1.1985\n\namended by 24/1994 ss 8, 11 (Sch)\n26.5.1994\n\nsubstituted by 44/2000 s 20\n29.10.2000\ns 62\ndeleted by 81/1984 s 30\n2.1.1985\ns 63\namended by 81/1984 Sch\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 21\n29.10.2000\ns 64\namended by 24/1994 s 11 (Sch)\n26.5.1994\nss 65 and 66\nsubstituted by 81/1984 s 31\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 67\nsubstituted by 81/1984 s 31\n2.1.1985\ns 68\nsubstituted by 81/1984 s 31\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 69\nsubstituted by 81/1984 s 31\n2.1.1985\ns 69(1)\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 22\n29.10.2000\ns 69(2)\namended by 24/1994 s 11 (Sch)\n26.5.1994\nPt 8\nsubstituted by 81/1984 s 32\n2.1.1985\ns 70\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\nsubstituted by 23/2004 s 22\n1.9.2004\nPt 9\n\n\nheading\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 78\n\n\ns 78(1)\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 23\n29.10.2000\n\n(b) deleted by 81/1984 s 33\n2.1.1985\n\n(c) deleted by 35/1992 s 15\n6.7.1992\ns 78(2)\namended by 24/1994 s 9\n26.5.1994\nss 80—82\ndeleted by 81/1984 s 34\n2.1.1985\ns 83\ndeleted by 35/1992 s 161\n6.7.1992\ns 84\nsubstituted by 81/1984 Sch\n2.1.1985\n\ndeleted by 24/1994 s 11 (Sch)\n26.5.1994\nPt 10\n\n\nss 85 and 86\namended by 24/1994 s 11 (Sch)\n26.5.1994\ns 87\ndeleted by 115/1976 s 17\n23.12.1976\ns 88\ns 88(1) amended by 81/1984 s 35(a)\n2.1.1985\n\ns 88(1) redesignated as s 88 in pursuance of the Acts Republication Act 1967\n1.3.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 44/2000 s 24\n29.10.2000\ns 88(2)\ndeleted by 81/1984 s 35(b)\n2.1.1985\ns 89\n\n\ns 89(1)\namended by 24/1994 s 10\n26.5.1994\nss 90 and 91\ndeleted by 81/1984 s 36\n2.1.1985\ns 92\namended by 81/1984 Sch\n2.1.1985\n\namended by 24/1994 s 11 (Sch)\n26.5.1994\n\namended by 33/2003 Sch (cl 15)\n1.7.2005\ns 93\ninserted by 49/1997 s 6\n9.3.1998\nSch 1\ndeleted by 81/1984 Sch\n2.1.1985\nSch 2\nsubstituted by Gazette 20 October 1977 p 1180\n20.10.1977\n\nsubstituted by Gazette 26 January 1978 p 368\n26.1.1978\n\nsubstituted by Gazette 4 October 1984 p 1035\n4.10.1984\n\namended by Gazette 29 November 1984 p 1700\n29.11.1984\n\nsubstituted by Gazette 22 August 1985 p 510\n22.8.1985\n\nsubstituted by Gazette 20 August 1992 p 882\n20.8.1992\n\ndeleted by 24/1994 s 11 (Sch)\n26.5.1994\nSch 3\nheading substituted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ncl 1\ninserted by 43/2006 s 142(1)\n1.6.2007\ncl 2\namended by 11/1976 s 7\n4.3.1976\n\nsubstituted by 81/1984 s 37\n2.1.1985\n\namended by 118/1985 s 3\n1.12.1985\n\namended by 69/1997 s 9\n17.12.1997\n\namended by 49/1997 s 7\n9.3.1998\n\namended and redesignated as cl 2 by 43/2006 s 142(2), (3)\n1.6.2007\nSch 5\namended by 44/2000 s 25\n29.10.2000\n\ndeleted by 23/2004 s 23\n14.3.2005\nSch 6\namended by 44/2000 s 26\n29.10.2000\nTransitional etc provisions associated with Act or amendments\nJuries (Jurors in Remote Areas) Amendment Act 1994\n12—Transitional provision\nFor the purposes of section 8(2) of the principal Act, the jury districts constituted under subsection (1) of that section will, until varied by the Governor under that section, be taken to have been declared to consist of the subdivisions of which they were comprised immediately before the commencement of this Act.\nStatutes Amendment (Domestic Partners) Act 2006\n143—Transitional provision\nAn amendment made by this Act to the Juries Act 1927 does not affect the eligibility of a person to serve on a jury empanelled before the commencement of the amendment.\nSummary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14\n41—Transitional provision\nThe amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).\nHistorical versions\nReprint—1.3.1985\n\nReprint No 1—15.8.1991\n\nReprint No 2—6.7.1992\n\nReprint No 3—20.8.1992\n\nReprint No 4—26.5.1994\n\nReprint No 5—17.10.1996\n\nReprint No 6—17.12.1997\n\nReprint No 7—9.3.1998\n\nReprint No 8—29.10.2000\n\nReprint No 9—24.11.2003\n\n1.9.2004\n\n14.3.2005\n\n1.7.2005\n\n15.5.2006\n\n4.9.2006\n\n1.6.2007\n\n17.6.2012\n\n16.6.2016\n\n5.3.2018\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as consolidated has evolved from its 1927 text by adding modern administrative and procedural features that broaden judicial and administrative discretion and update selection methods. Examples in the text include: the power to empanel additional jurors and reduce to 12 by ballot (s 6A, inserted 2000), judge‑alone trial provisions including a DPP application route for serious organised crime matters (s 7(3a)–(3b), inserted 2012), computerised/random selection in place of purely manual ballots (s 23(1)–(2)), and an express judge power to excuse for safety or welfare grounds (s 16A, inserted 2025). The Act also incorporates rule‑making and regulation powers (ss 89, 93) that move operational detail to rules and regulations. These amendments and inserted provisions indicate a scope that has been extended to address administrative practicality, case‑by‑case judicial management, and specific criminal justice concerns since the original enactment."},"complexity_factors":["Multiple decision‑makers with overlapping roles: sheriff (administration and lists) (ss 20, 29), Electoral Commissioner (supervision of ballots) (s 23(4)), judges (excusal, trial management, judge‑alone orders) (ss 16, 16A, 56, 7), DPP (may apply for judge‑alone in specified cases) (s 7(3a)), Governor and heads of courts (regs and rules) (ss 89, 93).","Detailed and conditional eligibility/disqualification rules with time limits and varied grounds (s 11; s 12(1)(c)–(d); s 13; Schedule 3).","Procedural permutations: additional jurors (s 6A), reduction to 12 by ballot (s 6A(2)), continuation with reduced jurors (s 56), majority verdicts with different thresholds depending on jury size (s 57(4)).","Administrative processes requiring coordination across agencies (sheriff, Electoral Commissioner) and use of either manual ballot or computer randomisation (ss 20, 23).","Statutory discretion balanced by rule‑making powers and regulations, which shifts some detail outside the Act to rules/regulations (ss 89, 93).","Penalties and compliance obligations for individuals (questionnaire, attendance) with monetary fines and summary procedures (ss 25, 78).","Cross‑referencing and historical amendments reflected in multiple transitional and amendment provisions (legislative history)."],"plain_english_summary":"This Act establishes how juries are chosen and used in indictable criminal trials in South Australia: who may serve, how lists are compiled and summonsed, empanelling and verdict rules, excusals, payments and penalties. \n\nIt affects adult citizens (potential jurors), employers (wage reimbursement implications), and court bodies (sheriff, Electoral Commissioner, judges, DPP). It matters because it allocates administrative duties and public costs, imposes compliance burdens and fines on citizens, and gives officials judicial and administrative discretion that shapes trial form, efficiency and juror safety."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1927 Act focused on traditional jury trials. Over nearly a century of amendments, the scope has expanded significantly to include: (1) judge-only trials for organised crime (2012, 2017) - a major departure from the jury-centric original; (2) additional jurors and complex balloting procedures (2000); (3) safety and welfare-based excusals (2025); (4) remote area provisions (1994); and (5) modernised disqualification categories reflecting contemporary social structures. The Act has transformed from a simple procedural statute into a comprehensive framework balancing jury rights with modern criminal justice needs including witness protection and organised crime prosecution."},"complexity_factors":["Moderate length with 10 Parts plus 2 Schedules, but many sections are procedural and straightforward","Cross-references to other SA legislation (Criminal Procedure Act 1921, Criminal Law Consolidation Act 1935, Coroners Act, Electoral Act 1929, Family Relationships Act 1975)","Nested conditions in disqualification provisions (section 12) with multiple time periods (5 years, 10 years) and overlapping categories","Mathematical formulas for majority verdicts (section 57) with conditional logic based on jury size (12, 11, or 10 jurors)","Multiple mechanisms for excusing jurors (sections 16, 16A, 17) with overlapping but distinct criteria","Schedule 3 contains specific ineligibility categories that have been amended multiple times to reflect changing social relationships (e.g., inclusion of 'domestic partners' in 2006)","Legislative history shows extensive amendment pattern (nearly 30 amending acts since 1976), indicating evolutionary complexity","Procedural requirements for summoning and balloting that involve multiple actors (Sheriff, Electoral Commissioner, judges, proper officers)"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law about how juries work in criminal trials. It sets out everything from who can serve on a jury, to how they're selected, to what happens during a trial.\n\n**Key things it covers:**\n\n*   **Who must serve:** Generally, if you're on the electoral roll in South Australia, you can be called for jury duty. But there are exceptions.\n*   **Who is excluded:** People are disqualified if they've served serious prison sentences (more than 2 years, or any time in the last 10 years), or have certain recent convictions. Others are ineligible due to their job (judges, police, lawyers, politicians, senior public servants) or if they can't understand English or have health issues. People over 70 can opt out.\n*   **How juries are picked:** The Sheriff randomly selects names from electoral rolls to create annual jury lists. People are then summoned by ballot or computer selection. Jurors take an oath or affirmation before serving.\n*   **Trial basics:** Criminal trials in the Supreme Court or District Court usually need a jury of 12 people. The court can add extra jurors (up to 3) in case someone drops out. If a jury loses members during a trial, it can continue with as few as 10 jurors.\n*   **Judge-only trials:** In some cases, the accused can choose to be tried by a judge alone instead of a jury (but must get legal advice first). The Director of Public Prosecutions can also apply for a judge-only trial in serious organised crime cases, especially if there's a risk of jury tampering.\n*   **Verdicts:** After at least 4 hours of deliberation, juries can return majority verdicts (11-1 or 10-2, depending on jury size). However, murder and treason verdicts must be unanimous.\n*   **Challenges:** Both the prosecution and defence can challenge potential jurors. Each side gets 3 \"peremptory challenges\" (rejecting someone without giving a reason). They can also challenge for cause (giving a specific reason why someone shouldn't serve).\n*   **Jury management:** The Sheriff handles the practical side—summoning jurors, paying them (or their employers), and making sure they're comfortable. Jurors can be excused for illness, hardship, or safety concerns.\n\n**Why it matters:**\n\nThis law protects the right to trial by jury while making sure the system runs efficiently. It balances the need for fair representation with practical concerns like cost and safety. Recent changes (like allowing judge-only trials for organised crime) show how the law adapts to modern challenges like jury intimidation."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the actual legislative text was not retrieved. The submission contains only a 'Page Not Found' error from the SA Legislation website, likely due to a broken or outdated hyperlink following a site update on 24 March 2026."},"complexity_factors":["No actual legislative text was provided — the content is a website error page","Cannot assess legal complexity without the substantive provisions of the Act","The only content available relates to a website navigation issue, not legal substance"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've submitted **did not load correctly**. Instead of the actual text of South Australia's *Juries Act 1927*, the content retrieved is a **'Page Not Found' error** from the SA Legislation website.\n\nThis appears to have occurred because the link or bookmark used to access the legislation became outdated following a website update on **24 March 2026**.\n\n### What we do know about the Juries Act 1927 (SA) generally:\nThis is a long-standing South Australian law that governs how **juries are selected, summoned, and managed** in court trials. It affects:\n- **Ordinary South Australians** who may be called up (summoned) for jury duty\n- **People accused of crimes** who have the right to a jury trial in serious criminal matters\n- **Courts and legal practitioners** who must follow jury selection rules\n\n**To get an accurate analysis, please resubmit the actual text of the Act.**"}},"importantCases":[],"_links":{"self":"/api/acts/juries-act-1927","history":"/api/acts/juries-act-1927/history","analysis":"/api/acts/juries-act-1927/analysis","conflicts":"/api/acts/juries-act-1927/conflicts","importantCases":"/api/acts/juries-act-1927/important-cases","documents":"/api/acts/juries-act-1927/documents"}}