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

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 (c) the person has 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 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.