South Australia act

Juries Act 1927

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South Australia

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act

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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.

It 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.

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What it does

The Juries Act 1927 is the foundational statute governing the constitution, selection, powers and duties of juries in criminal trials in South Australia. At its core, s 6(1) mandates that a criminal trial in the Supreme Court or the District Court “is, subject to this Act, to be by jury” and that the jury “is, subject to this Act, to consist of 12 persons qualified and liable to serve as jurors”. This is expressly limited to criminal (indictable) matters; s 5 states bluntly that “[n]o civil trial is to be held before a jury”.

The Act establishes three jury districts—Adelaide, Northern and South-Eastern—each composed of complete electoral subdivisions (s 8). It imposes a residence qualification: a person is not liable to serve unless they reside within the jury district in which the jury is to be empanelled (s 14), subject only to the power to summon additional jurors under s 69 when the panel is insufficient.

Qualification is tied to enrolment on the House of Assembly electoral roll and entitlement to vote (s 11). Disqualification is exhaustively catalogued in s 12(1) and includes convictions carrying life imprisonment or death as the maximum or mandatory penalty, sentences exceeding two years, recent imprisonment or detention (within 10 years), probation or parole, convictions punishable by imprisonment within five years, court-ordered licence disqualification exceeding six months, current good-behaviour bonds, or pending charges. The Commissioner of Police must assist the sheriff with investigations (s 12(1a)). Ineligibility is separately defined in s 13 and Schedule 3, capturing those mentally or physically unfit, lacking sufficient English, or holding offices listed in the Schedule (Governor, Ministers, parliamentarians, judiciary, magistrates, justices of the peace performing court duties, legal practitioners, police, and various justice-system employees together with their spouses or domestic partners).

Current sections

Direct links to the current provisions in Juries Act 1927.

Juries Act 1927

South Australia Juries Act 1927 An Act to provide for the constitution, powers and duties of juries in relation to criminal trials; and for other purposes.

Contents Part A1—Preliminary 1 Short title 3 Interpretation Part 1—General provisions as to trial by jury 5 Civil proceedings not to be tried before a jury 6 Criminal trial to be by jury 6A Additional jurors 7 Trial without jury Part 2—Jury districts 8 Jury districts Part 3—Qualification of jurors 11 Qualification of jurors 12 Disqualification from jury service 13 Ineligibility for jury 14 Residence qualification 15 Verdict cannot be challenged on ground of disqualification or ineligibility of juror except in certain cases 16 Power of sheriff or judge to excuse juror or prospective juror from attendance 16A Judge may excuse juror or prospective juror from attendance on safety or welfare grounds 17 Right of exemption for persons above the age of 70 years Part 4—Annual jury lists 20 Duty of sheriff to prepare annual jury lists 21 Number of jurors on each list 23 Selection of names to be included in annual jury list 24 Coming into operation of lists 25 Questionnaire to be completed and returned by prospective jurors Part 5—Summoning of jurors and jury panels 29 Summoning of jurors 30 Summons 32 Regulations relating to jury panels etc 33 Oath or affirmation Part 6—Proceedings upon trial 42 Sheriff to return panel with cards 43 Cards to be kept in ballot-box 46 Balloting for trial 47 Constitution of jury 50 Same jury may try several issues if no objection by parties 54 Duty of sheriff to provide for jury 55 Separation of jury 56 Continuation of trial with less than full number of jurors 57 Majority and alternative verdicts 59 Fresh proceedings may be taken 60 Court may order another trial 60A Jury may consist of men or women only Part 7—Challenge etc 61 Challenge 63 Peremptory challenges in excess of permitted number 64 Time for challenging 65 Rights to peremptory challenge where persons jointly charged 66 Challenge on ground of ineligibility or disqualification 67 Common law rights of challenge preserved 68 Trial of challenge for cause 69 Power to summon further jurors Part 8—Fees 70 Payment of jurors etc Part 9—Offences 78 Offence by jurors Part 10—Miscellaneous 85 Jury de medietate linguae abolished 86 Abolition of jury de ventre inspiciendo 88 View during trial 89 Power to make rules 92 Effect of this Act on Coroners Act 93 Regulations Schedule 3—Persons ineligible for jury service 1 Interpretation 2 Persons ineligible for jury service Schedule 6—Oath or affirmation Legislative history

The Parliament of South Australia enacts as follows: Part A1—Preliminary 1—Short title This Act may be cited as the Juries Act 1927. 3—Interpretation (1) In this Act, unless inconsistent with the context or some other meaning is clearly intended— civil trial means the trial of an action, or any issue arising in or in relation to an action, before a court exercising civil jurisdiction; criminal 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; sheriff includes deputy sheriff and any other person for the time being performing the functions of the sheriff under this Act; subdivision means subdivision of any electoral district for the purpose of electing members of the House of Assembly. Part 1—General provisions as to trial by jury 5—Civil proceedings not to be tried before a jury No civil trial is to be held before a jury. 6—Criminal trial to be by jury (1) A criminal trial in the Supreme Court or the District Court is, subject to this Act, to be by jury. (2) The jury is, subject to this Act, to consist of 12 persons qualified and liable to serve as jurors. 6A—Additional jurors (1) If 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. (2) If 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. (3) If a juror or jurors are excluded from the jury under subsection (2), the court will either— (a) discharge them from further service as jurors for the trial; or (b) if 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 (c) if 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. (4) If 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). 7—Trial without jury (1) Subject to this section, where, in a criminal trial before the Supreme Court or the District Court— (a) the accused elects, in accordance with the rules of court, to be tried by the judge alone; and (b) the presiding judge is satisfied that the accused, before making the election, sought and received advice in relation to the election from a legal practitioner, the trial will proceed without a jury. (2) No 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. (3) Where two or more persons are jointly charged, no election may be made under subsection (1) unless all of those persons concur in the election. (3a) Where 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. (3b) The 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). (3c) Without 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. (3d) An 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. (4) If 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. Part 2—Jury districts 8—Jury districts (1) The following jury districts are constituted: The Adelaide Jury District; The Northern Jury District; The South-Eastern Jury District. (2) The jury districts constituted under subsection (1) consist of the subdivisions declared by the Governor by proclamation. (4) A 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. (5) The 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. Part 3—Qualification of jurors 11—Qualification of jurors Each 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. 12—Disqualification from jury service (1) A person is disqualified from jury service if, either in this State or elsewhere— (a) he or she has been convicted of an offence for which death or life imprisonment is a mandatory, or the maximum, penalty; or (b) he or she has been sentenced to imprisonment for a term exceeding 2 years; or (c) within the period of 10 years immediately preceding the relevant date, he or she— (i) has served the whole, or a part, of a term of imprisonment; or (ii) has served the whole, or a part, of a term of detention in an institution for the correction or training of young offenders; or (iii) has been on probation or parole; or (d) within the period of 5 years immediately preceding the relevant date, he or she— (i) has been convicted of an offence punishable by imprisonment; or (ii) has been disqualified by order of a court from holding or obtaining a driver's licence for a period exceeding 6 months; or (e) he or she is, at the relevant date, subject to a bond to be of good behaviour; or (f) he or she has been charged with an offence punishable by imprisonment and the charge has not yet been determined. (1a) The 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. (2) In 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. 13—Ineligibility for jury A person is ineligible for jury service if he or she— (a) is mentally or physically unfit to carry out the duties of a juror; or (b) has insufficient command of the English language to enable him or her properly to carry out the duties of a juror; or (c) is one of those persons declared by Schedule 3 to be ineligible for jury service. 14—Residence qualification Subject 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. 15—Verdict cannot be challenged on ground of disqualification or ineligibility of juror except in certain cases A 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. 16—Power of sheriff or judge to excuse juror or prospective juror from attendance (1) A 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. (2) A person may be excused under this section— (a) on the ground that the person has served as a juror within the previous three years; (b) on 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; (c) because of ill-health, conscientious objection or a matter of special urgency or importance; (d) for any reasonable cause. (3) Information 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. (4) The judge or sheriff may, as a condition of excusing a person under this section, order that— (a) the name of the person be included amongst the names of jurors to be summoned for jury service at a specified subsequent time; or (b) the 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. (5) If 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. 16A—Judge may excuse juror or prospective juror from attendance on safety or welfare grounds (1) A 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. (2) A person may be excused under subsection (1) on an application by the sheriff or on the judge's own initiative. (3) The judge may, as a condition of excusing a person under this section, order that— (a) the name of the person be included amongst the names of jurors to be summoned for jury service at a specified subsequent time; or (b) the 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. 17—Right of exemption for persons above the age of 70 years (1) A 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. (2) Information 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. Part 4—Annual jury lists 20—Duty of sheriff to prepare annual jury lists (1) The sheriff must, before 31 December in each year, prepare an annual jury list for each jury district in accordance with this Part. (2) The 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. 21—Number of jurors on each list (1) The 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. (2) The annual jury list for any other jury district must contain such number of names as the sheriff considers necessary, but not less than 500. 23—Selection of names to be included in annual jury list (1) The 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. (2) The selection of names from the electoral roll for a subdivision— (a) must be made by ballot or by use of a computer programmed to make a random selection; and (b) must 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. (3) Where 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. (3a) Where 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— (a) must 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 (b) will 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. (4) Where 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. 24—Coming into operation of lists An annual jury list comes into force on 1 January next after the preparation of the list. 25—Questionnaire to be completed and returned by prospective jurors (1) At 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. (2) A person— (a) who, without reasonable excuse, fails to fill in and return the questionnaire in accordance with the accompanying directions of the sheriff; or (b) who includes in the questionnaire information that is false or deliberately misleading, is guilty of an offence. Maximum penalty: $1 250. Part 5—Summoning of jurors and jury panels 29—Summoning of jurors (1) The 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. (2) The 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. (3) The names of jurors to be summoned in respect of any month in a jury district will be determined— (a) by ballot; or (b) by random selection made by computer. (4) The 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. (5) Where 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. 30—Summons (1) A summons under this Part must be in the prescribed form. (3) A summons must be served— (a) by 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 (b) by 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. 32—Regulations relating to jury panels etc The Governor may make regulations— (a) establishing procedures for constituting jury panels; (b) making provision for further jury service by a juror included in a jury panel or jury; (c) excusing, or making provision for the sheriff or a judge to excuse, such jurors from further jury service in compliance with their summonses; (d) otherwise relating to the management of jurors or jury panels. 33—Oath or affirmation The sheriff must cause all jurors who attend in obedience to the summons to take an oath or affirmation in the form of Schedule 6. Part 6—Proceedings upon trial 42—Sheriff to return panel with cards On the day appointed for the commencement of a criminal trial for which a jury is required, the sheriff must, in open court— (a) deliver to the proper officer of the court a list containing the names of the jury panel for that trial; and (b) furnish 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. 43—Cards to be kept in ballot-box The proper officer must, upon receipt of the cards, keep them together in the ballot box provided for the purpose. 46—Balloting for trial When 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. 47—Constitution of jury The full number of jurors so first drawn and appearing will be the jury to try the issues on the trial. 50—Same jury may try several issues if no objection by parties Where 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. 54—Duty of sheriff to provide for jury The sheriff must make reasonable provision for the comfort and refreshment of the jury. 55—Separation of jury (1) The court may, if it thinks there are proper reasons to do so, permit the jury to separate. (2) Such 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. (3) When the court permits a jury to separate, it may impose conditions to be complied with by the jurors.1 Example— 1 For example— (a) a condition might be imposed requiring the jurors to reassemble at a specified time and place; (b) a condition might be imposed prohibiting the jurors from discussing the case with anyone (except another juror) during the separation. 56—Continuation of trial with less than full number of jurors (1) If 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. (2) If 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. 57—Majority and alternative verdicts (1) Subject 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— (a) if a sufficient number agrees to enable the jury to return a majority verdict—a majority verdict will be returned; but (b) otherwise—the jury may be discharged from giving a verdict. (2) No verdict that an accused person is guilty of murder or treason can be returned by majority. (3) Where 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)— (a) the 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 (b) if 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— (i) the accused must be acquitted of the major offence; and (ii) the jury may be discharged from giving a verdict in respect of the alternative offence; and (iii) fresh proceedings may be taken against the accused on a charge of the alternative offence. (4) In this section— majority verdict means— (a) where the jury, at the time of returning its verdict, consists of 12 jurors—a verdict in which 10 or 11 jurors concur; (b) where the jury, at the time of returning its verdict, consists of 11 jurors—a verdict in which 10 jurors concur; (c) where the jury, at the time of returning its verdict, consists of 10 jurors—a verdict in which 9 jurors concur, and by majority has a corresponding meaning. 59—Fresh proceedings may be taken (1) If 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. (2) Subject 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. (3) Where 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. 60—Court may order another trial If 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. 60A—Jury may consist of men or women only (1) If 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— (a) the jury should consist of men only; or (b) the jury should consist of women only, the court may, despite any other provision of this Part, order that the jury for the trial of that issue be empanelled accordingly. (2) An 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. Part 7—Challenge etc 61—Challenge (1) In all criminal trials by jury, each party (including the prosecution) may challenge 3 jurors peremptorily. (2) The number of peremptory challenges is not increased by an order that additional jurors be empanelled. 63—Peremptory challenges in excess of permitted number A peremptory challenge above the numbers allowed under this Act is void, and the trial will proceed as if no such challenge had been made. 64—Time for challenging A challenge must be made as the juror comes to take his or her seat and before he or she takes it. 65—Rights to peremptory challenge where persons jointly charged Where two or more persons are jointly charged, each is entitled to challenge 3 jurors peremptorily. 66—Challenge on ground of ineligibility or disqualification A 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. 67—Common law rights of challenge preserved Nothing in this Act affects a right of challenge that exists at common law. 68—Trial of challenge for cause Where 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. 69—Power to summon further jurors (1) Where 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. (2) The persons to be summoned under subsection (1) will be chosen as the presiding judge may direct. Part 8—Fees 70—Payment of jurors etc (1) If a person summoned to render jury service punctually attends a court in compliance with the summons— (a) the 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; (b) if 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. (2) Any payment to be made under subsection (1) must be made out of the Consolidated Account (which is appropriated to the necessary extent). Part 9—Offences 78—Offence by jurors (1) A person who— (a) having 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 (d) having 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, is guilty of an offence. Maximum penalty: $1 250. (2) The 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. Part 10—Miscellaneous 85—Jury de medietate linguae abolished No 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. 86—Abolition of jury de ventre inspiciendo No jury to inquire whether a woman is with child or not (formerly known as a jury de ventre inspiciendo) may be empanelled or sworn. 88—View during trial In 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. 89—Power to make rules (1) The 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. (2) Without limiting the generality of the provisions of subsection (1), those rules may— (a) prescribe the minimum number of jurors to comprise a jury panel from which a jury may be constituted; (b) make any provision in relation to the conduct of a ballot by the sheriff under this Act; (c) make any provision in relation to the time and manner in which jurors are to be sworn; (d) make any provision that will conduce to the proper and efficient administration of this Act. 92—Effect of this Act on Coroners Act Nothing in this Act alters or affects any of the laws in force in the State relating to a coronial inquest. 93—Regulations The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. Schedule 3—Persons ineligible for jury service 1—Interpretation In this Schedule— domestic 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; spouse—a person is the spouse of another if they are legally married. 2—Persons ineligible for jury service The following persons are ineligible for jury service: The Governor, the Lieutenant Governor and their spouses or domestic partners; Ministers of the Crown and their spouses or domestic partners; Members of Parliament; Members of the judiciary or magistracy and their spouses or domestic partners; Justices of the peace who perform court duties and their spouses or domestic partners; Legal practitioners actually practising as such; Members of the police force and their spouses or domestic partners; Persons 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; Persons employed in the administration of courts or in the recording or transcription of evidence taken before courts. Schedule 6—Oath or affirmation

Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1927 1805 Juries Act 1927 30.11.1927 6.1.1928 except ss 20—28—30.11.1927: s 1 (Gazette 5.1.1928 p1) 1937 2356 Juries Act Amendment Act 1937 10.11.1937 10.11.1937 1957 42 Statute Law Revision Act 1957 14.11.1957 14.11.1957 1965 28 Juries Act Amendment Act 1965 25.11.1965 2.12.1965 (Gazette 2.12.1965 p1953) 1969 74 Juries Act Amendment Act 1969 11.12.1969 31.8.1970 (Gazette 20.8.1970 p696) 1971 31 Juries Act Amendment Act 1971 22.4.1971 22.4.1971 1972 54 Local and District Criminal Courts Act Amendment Act 1972 27.4.1972 9.11.1972 (Gazette 9.11.1972 p2252) 1974 30 Juries Act Amendment Act 1974 11.4.1974 12.9.1974 (Gazette 12.9.1974 p1736) 1976 11 Juries Act Amendment Act 1976 4.3.1976 4.3.1976 (Gazette 4.3.1976 p940) 1976 115 Statutes Amendment (Capital Punishment Abolition) Act 1976 23.12.1976 23.12.1976 1977

proclamation (Gazette 20.10.1977 p1180) — 20.10.1977 1978

proclamation (Gazette 26.1.1978 p368) — 26.1.1978 1984

proclamation (Gazette 4.10.1984 p1035) — 4.10.1984 1984 81 Juries Act Amendment Act 1984 15.11.1984 2.1.1985 (Gazette 13.12.1984 p1811) 1984

proclamation (Gazette 29.11.1984 p1700) — 29.11.1984 1985

proclamation (Gazette 22.8.1985 p510) — 22.8.1985 1985 118 Juries Act Amendment Act 1985 10.11.1985 1.12.1985 (Gazette 21.11.1985 p1542) 1991 49 Director of Public Prosecutions Act 1991 21.11.1991 6.7.1992 (Gazette 25.6.1992 p1869) 1992 35 Statutes Amendment and Repeal (Public Offences) Act 1992 21.5.1992 6.7.1992 (Gazette 2.7.1992 p209) 1992

proclamation (Gazette 20.8.1992 p882) — 20.8.1992 1994 24 Juries (Jurors in Remote Areas) Amendment Act 1994 26.5.1994 26.5.1994 1996 67 Statutes Amendment (Attorney-General's Portfolio) Act 1996 15.8.1996 s 21—17.10.1996 (Gazette 17.10.1996 p1361) 1997 49 Juries (Miscellaneous) Amendment Act 1997 31.7.1997 9.3.1998 (Gazette 5.3.1998 p1062) 1997 69 Statutes Amendment (Ministers of the Crown) Act 1997 11.12.1997 Pt 4 (s 9)—17.12.1997 (Gazette 17.12.1997 p1639) 2000 44 Juries (Miscellaneous) Amendment Act 2000 13.7.2000 29.10.2000 (Gazette 26.10.2000 p2786) 2003 33 Coroners Act 2003 31.7.2003 Sch (Pt 10)—1.7.2005 (Gazette 23.6.2005 p1899) 2003 44 Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) 2004 23 Statutes Amendment (Courts) Act 2004 8.7.2004 Pt 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) 2005 62 Statutes Amendment and Repeal (Aggravated Offences) Act 2005 1.12.2005 Pt 4 (s 26)—15.5.2006 (Gazette 20.4.2006 p1127) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 41 (s 143)—4.9.2006 (Gazette 17.8.2006 p2831) 2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 49 (ss 142 & 143)—1.6.2007 (Gazette 26.4.2007 p1352) 2012 12 Statutes Amendment (Serious and Organised Crime) Act 2012 10.5.2012 Pt 10 (s 44)—17.6.2012 (Gazette 14.6.2012 p2756) 2016 28 Statutes Amendment (Attorney-General's Portfolio) Act 2016 16.6.2016 Pt 10 (ss 25 & 26)—16.6.2016: s 2(1) 2017 18 Summary Procedure (Indictable Offences) Amendment Act 2017 14.6.2017 Sch 2 (cll 27 & 41)—5.3.2018 (Gazette 12.12.2017 p4961) 2025 3 Statutes Amendment (Criminal Proceedings) Act 2025 13.2.2025 Pt 3 (s 4)—1.7.2025 (Gazette 12.6.2025 p1408) Provisions amended since 3 February 1976 • Legislative 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. • Certain 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. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title substituted by 81/1984 Sch 2.1.1985

amended by 44/2000 s 3 29.10.2000 Pt A1 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 1 substituted by 81/1984 s 3 2.1.1985 s 2 deleted by 81/1984 s 4 2.1.1985 s 3

s 3(1)

civil inquest deleted by 44/2000 s 4 29.10.2000 civil trial inserted by 44/2000 s 4 29.10.2000 criminal inquest amended by 81/1984 Sch 2.1.1985

deleted by 44/2000 s 4 29.10.2000 criminal trial inserted by 44/2000 s 4 29.10.2000 District Criminal Court deleted by 24/1994 s 2(a) 26.5.1994 District Criminal Court district deleted by 24/1994 s 2(a) 26.5.1994 inquest deleted by 81/1984 Sch 2.1.1985 Senior Judge deleted by 24/1994 s 2(a) 26.5.1994 subdivision roll deleted by 81/1984 Sch 2.1.1985 Supreme Court deleted by 24/1994 s 2(a) 26.5.1994 s 3(2) deleted by 24/1994 s 2(b) 26.5.1994 s 4 deleted by 81/1984 Sch 2.1.1985 Pt 1

s 5 substituted by 81/1984 s 5 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

substituted by 44/2000 s 5 29.10.2000 s 6 substituted by 81/1984 s 5 2.1.1985

amended by 24/1994 ss 3, 11 (Sch) 26.5.1994

substituted by 44/2000 s 5 29.10.2000 s 6A inserted by 44/2000 s 5 29.10.2000 s 6A(2) amended by 23/2004 s 18(1) 1.9.2004 s 6A(3) amended by 23/2004 s 18(2) 1.9.2004 s 7 substituted by 81/1984 s 5 2.1.1985 s 7(1) amended by 24/1994 ss 4(a), 11 (Sch) 26.5.1994

amended by 44/2000 s 6 29.10.2000 s 7(2) amended by 24/1994 s 4(b) 26.5.1994 s 7(3a) inserted by 12/2012 s 44 17.6.2012

amended by 18/2017 Sch 2 cl 27 5.3.2018 s 7(3b)—(3d) inserted by 12/2012 s 44 17.6.2012 s 7(4) amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 6 29.10.2000

substituted by 62/2005 s 26 15.5.2006 Pt 2

s 8

s 8(1) substituted by 24/1994 s 5(a) 26.5.1994 s 8(2) substituted by 24/1994 s 11 (Sch) 26.5.1994 s 8(3) substituted by 24/1994 s 5(b) 26.5.1994

deleted by 67/1996 s 21 17.10.1996 s 8(4) amended by 24/1994 s 11 (Sch) 26.5.1994 Pt 3

s 11 before substitution by 28/2016 amended by 81/1984 s 6 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 11(a1) deleted by 81/1984 s 6(a) 2.1.1985 s 11 substituted by 28/2016 s 25 16.6.2016 s 12 substituted by 81/1984 s 7 2.1.1985 s 12(1) amended by 24/1994 s 11 (Sch) 26.5.1994 s 12(1a) inserted by 49/1997 s 3 9.3.1998 s 13 substituted by 81/1984 s 8 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 14 amended by 81/1984 s 9 2.1.1985

amended by 24/1994 ss 6, 11 (Sch) 26.5.1994 s 14A deleted by 11/1976 s 3 4.3.1976 s 15 substituted by 81/1984 s 10 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 7 29.10.2000 s 16 substituted by 81/1984 s 11 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

substituted by 49/1997 s 4 9.3.1998 s 16(1) amended by 44/2000 s 8 29.10.2000 s 16A inserted by 3/2025 s 4 1.7.2025 s 17 amended by 81/1984 s 12 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

deleted by 49/1997 s 4 9.3.1998 s 17 inserted by 28/2016 s 26 16.6.2016 s 18 amended by 81/1984 s 13, Sch 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

deleted by 49/1997 s 4 9.3.1998 s 19 amended by 81/1984 s 14 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

deleted by 49/1997 s 4 9.3.1998 Pt 4

heading amended by 81/1984 Sch 2.1.1985 s 20 amended by 81/1984 Sch 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 21 amended by 24/1994 s 11 (Sch) 26.5.1994 s 22 deleted by 81/1984 Sch 2.1.1985 s 23 substituted by 81/1984 s 15 2.1.1985 s 23(3a) inserted by 24/1994 s 7 26.5.1994 s 23A deleted by 81/1984 s 15 2.1.1985 s 24 amended by 81/1984 Sch 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 25 inserted by 81/1984 s 16 2.1.1985 s 25(2) amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 9 29.10.2000 Pt 5

s 29

s 29(1) amended by 81/1984 s 17(a) 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 10 29.10.2000 s 29(2) amended by 81/1984 s 17(b) 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 10 29.10.2000 s 29(3) and (4) amended by 24/1994 s 11 (Sch) 26.5.1994 s 29(5) amended by 81/1984 s 17(c), Sch 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 10 29.10.2000 s 30

s 30(1) amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 23/2004 s 19 14.3.2005 s 30(2) deleted by 11/1976 s 4(a) 4.3.1976 s 30(3) amended by 11/1976 s 4(b) 4.3.1976

amended by 24/1994 s 11 (Sch) 26.5.1994 s 31 before deletion by 23/2004

s 31(1) amended by 24/1994 s 11 (Sch) 26.5.1994 s 31(2) substituted by 81/1984 s 18 2.1.1985

amended by 49/1991 Sch 2 6.7.1992

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 11 29.10.2000 s 31(3) and (4) deleted by 81/1984 s 18 2.1.1985 s 31 deleted by 23/2004 s 20 1.9.2004 s 32 amended by 11/1976 s 5 4.3.1976

amended by 81/1984 s 19 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

substituted by 49/1997 s 5 9.3.1998 s 33 amended by 24/1994 s 11 (Sch) 26.5.1994 Pt 6

s 42 amended by 81/1984 s 20 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 12 29.10.2000 s 43 substituted by 81/1984 s 21 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 46 amended by 81/1984 s 22 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 13 29.10.2000 s 47 amended by 81/1984 s 23 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 14 29.10.2000 s 54 substituted by 81/1984 s 24 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 55 amended by 81/1984 Sch 2.1.1985

substituted by 44/2000 s 15 29.10.2000 s 55(2) amended by 23/2004 s 21 1.9.2004 s 55A amended by 115/1976 s 16 23.12.1976

deleted by 81/1984 s 25 2.1.1985 s 56 amended by 115/1976 s 16 23.12.1976

substituted by 81/1984 s 25 2.1.1985 s 56(1) amended by 44/2000 s 16 29.10.2000 s 56(2) amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 16 29.10.2000 s 57 amended by 115/1976 s 16 23.12.1976

substituted by 81/1984 s 26 2.1.1985 s 57(1)—(3) amended by 24/1994 s 11 (Sch) 26.5.1994 s 58 deleted by 81/1984 s 27 2.1.1985 s 59

s 59(1) substituted by 81/1984 s 28(a) 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 17 29.10.2000 s 59(2) amended by 81/1984 s 28(b) 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 59(3) amended by 24/1994 s 11 (Sch) 26.5.1994 s 60 amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 18 29.10.2000 s 60A

s 60A(1) amended by 24/1994 s 11 (Sch) 26.5.1994 s 60A(2) amended by 44/2000 s 19 29.10.2000

amended by 17/2006 s 143 4.9.2006 s 60B deleted by 11/1976 s 6 4.3.1976 Pt 7

heading amended by 24/1994 s 11 (Sch) 26.5.1994 s 61 amended by 81/1984 s 29, Sch 2.1.1985

amended by 24/1994 ss 8, 11 (Sch) 26.5.1994

substituted by 44/2000 s 20 29.10.2000 s 62 deleted by 81/1984 s 30 2.1.1985 s 63 amended by 81/1984 Sch 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 21 29.10.2000 s 64 amended by 24/1994 s 11 (Sch) 26.5.1994 ss 65 and 66 substituted by 81/1984 s 31 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 67 substituted by 81/1984 s 31 2.1.1985 s 68 substituted by 81/1984 s 31 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994 s 69 substituted by 81/1984 s 31 2.1.1985 s 69(1) amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 22 29.10.2000 s 69(2) amended by 24/1994 s 11 (Sch) 26.5.1994 Pt 8 substituted by 81/1984 s 32 2.1.1985 s 70 amended by 24/1994 s 11 (Sch) 26.5.1994

substituted by 23/2004 s 22 1.9.2004 Pt 9

heading amended by 24/1994 s 11 (Sch) 26.5.1994 s 78

s 78(1) amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 23 29.10.2000

(b) deleted by 81/1984 s 33 2.1.1985

(c) deleted by 35/1992 s 15 6.7.1992 s 78(2) amended by 24/1994 s 9 26.5.1994 ss 80—82 deleted by 81/1984 s 34 2.1.1985 s 83 deleted by 35/1992 s 161 6.7.1992 s 84 substituted by 81/1984 Sch 2.1.1985

deleted by 24/1994 s 11 (Sch) 26.5.1994 Pt 10

ss 85 and 86 amended by 24/1994 s 11 (Sch) 26.5.1994 s 87 deleted by 115/1976 s 17 23.12.1976 s 88 s 88(1) amended by 81/1984 s 35(a) 2.1.1985

s 88(1) redesignated as s 88 in pursuance of the Acts Republication Act 1967 1.3.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 44/2000 s 24 29.10.2000 s 88(2) deleted by 81/1984 s 35(b) 2.1.1985 s 89

s 89(1) amended by 24/1994 s 10 26.5.1994 ss 90 and 91 deleted by 81/1984 s 36 2.1.1985 s 92 amended by 81/1984 Sch 2.1.1985

amended by 24/1994 s 11 (Sch) 26.5.1994

amended by 33/2003 Sch (cl 15) 1.7.2005 s 93 inserted by 49/1997 s 6 9.3.1998 Sch 1 deleted by 81/1984 Sch 2.1.1985 Sch 2 substituted by Gazette 20 October 1977 p 1180 20.10.1977

substituted by Gazette 26 January 1978 p 368 26.1.1978

substituted by Gazette 4 October 1984 p 1035 4.10.1984

amended by Gazette 29 November 1984 p 1700 29.11.1984

substituted by Gazette 22 August 1985 p 510 22.8.1985

substituted by Gazette 20 August 1992 p 882 20.8.1992

deleted by 24/1994 s 11 (Sch) 26.5.1994 Sch 3 heading substituted by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 1 inserted by 43/2006 s 142(1) 1.6.2007 cl 2 amended by 11/1976 s 7 4.3.1976

substituted by 81/1984 s 37 2.1.1985

amended by 118/1985 s 3 1.12.1985

amended by 69/1997 s 9 17.12.1997

amended by 49/1997 s 7 9.3.1998

amended and redesignated as cl 2 by 43/2006 s 142(2), (3) 1.6.2007 Sch 5 amended by 44/2000 s 25 29.10.2000

deleted by 23/2004 s 23 14.3.2005 Sch 6 amended by 44/2000 s 26 29.10.2000 Transitional etc provisions associated with Act or amendments Juries (Jurors in Remote Areas) Amendment Act 1994 12—Transitional provision For 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. Statutes Amendment (Domestic Partners) Act 2006 143—Transitional provision An 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. Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14 41—Transitional provision The 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). Historical versions Reprint—1.3.1985

Reprint No 1—15.8.1991

Reprint No 2—6.7.1992

Reprint No 3—20.8.1992

Reprint No 4—26.5.1994

Reprint No 5—17.10.1996

Reprint No 6—17.12.1997

Reprint No 7—9.3.1998

Reprint No 8—29.10.2000

Reprint No 9—24.11.2003

1.9.2004

14.3.2005

1.7.2005

15.5.2006

4.9.2006

1.6.2007

17.6.2012

16.6.2016

5.3.2018

Source text: opening excerpt

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Juries Act 1927

South Australia Juries Act 1927 An Act to provide for the constitution, powers and duties of juries in relation to criminal trials; and for other purposes.

Juries Act 1927

Plain English Summary

Deep Dive

What it does

Current sections

Juries Act 1927

Source text: opening excerpt

1 Juries Act 1927

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Recent changes and why

Court challenges and controversies

Gotchas

How to comply