58ABFailing to comply with directions—persons attending for jury service

58AB Failing to comply with directions—persons attending for jury service

Criminal trials (1) A person commits an offence if: (a) the person is a potential juror in relation to indictable primary proceedings; and (b) the person attends for service as a juror; and (c) the person has not been discharged under section 23EI; and (d) the person is given a direction by the Sheriff or the Court; and (e) the person fails to comply with the direction.

Penalty: 30 penalty units.

Civil trials (2) A person commits an offence if: (a) the person is a potential juror in relation to civil proceedings before the Court; and (b) the person attends for service as a juror; and (c) the person has not been discharged under a law applying under subsection 41(1); and (d) the person is given a direction by the Sheriff or the Court; and (e) the person fails to comply with the direction.

Penalty: 30 penalty units.

(3) Subsections (1) and (2) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) Subsections (1) and (2) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4)—see subsection 13.3(3) of the Criminal Code.