Sch 2Matters to be disclosed by a person appearing in answer to a summons to be a juror

Schedule 2 — Matters to be disclosed by a person appearing in answer to a summons to be a juror Notes Compilation table 79 Uncommenced provisions table 85 Other notes 85 Defined terms An Act to consolidate and amend the law relating to juries, and for other purposes. [Long title amended: No. 59 of 1984 s. 3.] ## Part I — Preliminary [Heading inserted: No. 19 of 2010 s. 43(3)(a).] ##### 1. Short title and commencement (1) This Act may be cited as the *Juries Act 1957*. (2) This Act shall come into operation on a date to be fixed by proclamation. [Section 1 amended: No. 6 of 1981 s. 3; No. 59 of 1984 s. 4.] [Heading deleted: No. 19 of 2010 s. 43(3)(b).] [**2.** Deleted: No. 13 of 2011 s. 40.] ##### 3. Terms used (1) In this Act unless inconsistent with the subject matter or context — Assembly district means an Electoral district for the election of a member of the Legislative Assembly; circuit court means a court held in a circuit town by virtue of the provisions of section 46 of the *Supreme Court Act 1935*; civil trial means trial in the civil jurisdiction of the Supreme Court, a circuit court, or the District Court; court town means any place where a sitting of the Supreme Court or a circuit court or of the District Court is appointed to be held; criminal trial means a trial of issues required by the *Criminal Procedure Act 2004* to be tried by a jury, but does not include a trial in a Children’s Court or in summary proceedings; District Court means The District Court of Western Australia established under the *District Court of Western Australia Act 1969*; Electoral Commissioner means the Electoral Commissioner appointed under the *Electoral Act 1907*; general jury precept means a precept issued under section 20; identification number of a person means the identification number allocated to the person under section 26(6), 32D(1a) or 52(2); judge — (a) in relation to the Supreme Court, means judge, acting judge or auxiliary judge of that court and includes a commissioner appointed under section 49 of the *Supreme Court Act 1935*; and (b) in relation to a circuit court, means judge, acting judge or auxiliary judge of that court and includes a commissioner appointed under section 49 of the *Supreme Court Act 1935*; and (c) in relation to the District Court, means judge, acting judge or auxiliary judge of that court and includes a commissioner appointed under section 24 of the *District Court of Western Australia Act 1969*; jury assembly room means a place specified in the summons for the assembly of jurors summoned to attend at a jury pool; jury district means a part of the State proclaimed under this Act to be a jury district; jury officer means jury officer ascertained in accordance with section 13; jury pool means a pool of jurors from which juries may be selected for trials to which the pool relates; jury pool supervisor means a person, appointed by the jury officer, for the time being in charge of a jury pool; mental illness means an underlying pathological infirmity of the mind, whether of short or long duration and whether permanent or temporary, but does not include a condition that results from the reaction of a healthy mind to extraordinary stimuli; mental impairment means intellectual disability, mental illness, brain damage, dementia or senility; panel means a panel of jurors chosen under section 26 or 29; pool precept means a precept issued under section 32G; proper officer has the meaning given by subsection (2); sheriff means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia; summoning officer means the sheriff, jury officer or other person whose duty it is to summon jurors, and their deputies respectively; Supreme Court does not include a circuit court; tickets means distinct pieces of card, parchment, or durable material; trial means any trial, issue, inquiry, assessment of damages or other proceeding, whether civil or criminal, for which a jury is or may be lawfully required. (2) For the purposes of this Act, a proper officer is — (a) the associate of the judge; or (b) a person directed by the judge to be the proper officer; or (c) in the absence of either, the judge. [Section 3 amended: No. 44 of 1973 s. 3; No. 64 of 1975 s. 3; No. 6 of 1981 s. 4; No. 23 of 1997 s. 16; No. 25 of 2003 s. 4; No. 59 of 2004 s. 141; No. 84 of 2004 s. 51; No. 42 of 2009 s. 20; No. 13 of 2011 s. 8; No. 9 of 2022 s. 363.] ##### 3A. Application of this Act to District Court Subject to the *District Court of Western Australia Act 1969*, and to the other provisions of this Act, this Act applies in respect of the District Court, a judge thereof, and any civil or criminal trial held in the District Court as they apply in respect of the Supreme Court, a judge thereof, and any such trial held in the Supreme Court and without limiting the generality of the foregoing, the provisions of this Act relating to the constitution and procuring of juries, the summoning and challenging of jurors, the discharge of juries, and the verdicts of juries extend and apply to the constituting and procuring of juries, the summoning and challenging of jurors, the discharge of juries, and the verdicts of juries in the District Court. [Section 3A inserted: No. 44 of 1973 s. 4.] ##### 3B. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Pt. 2 applies The *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act. [Section 3B inserted: No. 34 of 2020 s. 60.] ## Part II — Liability to serve as jurors [Heading amended: No. 59 of 1984 s. 5.] ##### 4. Liability to serve as juror (1) Subject to this Act, a person who is enrolled on any of the rolls of electors entitled to vote at an election of members of the Legislative Assembly of the Parliament of the State is liable to serve as a juror at trials in the jury district in which the person is shown to live by any of those rolls of electors. (2) Subsection (1) does not apply to a person who is enrolled as stated in that subsection and who is — (a) a person to whom the *Electoral Act 1907* section 17A applies; or (b) a person who is enrolled by virtue of the *Electoral Act 1907* section 17B(1). [Section 4 inserted: No. 59 of 1984 s. 6; amended: No. 13 of 2011 s. 9.] ##### 5. Persons who are not eligible or not qualified or who are excused (1) In this section — CLMI Act means the *Criminal Law (Mental Impairment) Act 2023*; conviction does not include — (a) a conviction that has been quashed or set aside; or (b) a conviction in respect of which a pardon has been granted; or (c) a conviction that is a spent conviction — (i) for the purposes of the *Spent Convictions Act 1988*; or (ii) if the conviction is for an offence under the law of a place outside Western Australia, for the purposes of a law of that place that substantially corresponds with the *Spent Convictions Act 1988*; person covered by the CLMI Act means a person who is — (a) an accused required under the CLMI Act section 19 to be detained at an authorised hospital; or (b) an unfit accused, as defined in the CLMI Act section 9(1); or (c) a supervised person, as defined in the CLMI Act section 9(1); relevant period has the meaning given by subsection (2). (2) For the purposes of determining under this section if a person is eligible to serve as a juror, the relevant period is the 5 years immediately before — (a) if a summons has been issued under Part VA or VB to the person, the first date on which the person is required by the summons to attend; or (b) if a summons has not been so issued, the first date on which the person would have to attend under a summons if it were so issued. (3) Notwithstanding that a person is liable to serve as a juror by virtue of section 4 that person — (a) is not eligible to serve as a juror at a trial if he or she has reached 75 years of age; and (ba) is not eligible to serve as a juror at a trial if he or she is within a class of person listed in Schedule 1 Division 1; and (bb) is not eligible to serve as a juror at a criminal trial if he or she is within a class of person listed in Schedule 1 Division 2; and (b) is not qualified to serve as a juror at a trial if he or she — (i) has been convicted of an offence in Western Australia or elsewhere and sentenced to — (I) death whether or not that sentence has been commuted; or (II) strict security life imprisonment referred to in section 282 or 679 of *The Criminal Code* 1; or (III) imprisonment for life; or (IV) imprisonment for a term exceeding 2 years or for an indeterminate period; or (ii) has, in the relevant period in Western Australia or elsewhere — (I) been the subject of a sentence of imprisonment or been on parole in respect of any such sentence; or (II) been found guilty of an offence and detained in an institution for juvenile offenders; or (III) been the subject of a probation order, a community order (as defined in the *Sentencing Act 1995*), or an order having a similar effect, made by any court; or (iii) has, in the relevant period in Western Australia, been convicted of 2 or more offences the statutory penalty for which is or includes imprisonment; or (iv) has, in the relevant period in Western Australia, been convicted of 3 or more offences against a road law as defined in the *Road Traffic (Administration) Act 2008* section 4; and (c) is not qualified to serve as a juror at a trial if he or she is on bail or in custody awaiting trial on a charge of an offence or sentence for an offence; and (d) is not qualified to serve as a juror at a trial if he or she is any of the following — (i) an involuntary patient as defined in the *Mental Health Act 2014* section 4; (ii) a represented person as defined in the *Guardianship and Administration Act 1990* section 3(1); (iii) a person covered by the CLMI Act. [(iv) deleted] (4) Notwithstanding that a person is liable to serve as a juror at a trial by virtue of section 4, that person is not liable to serve as a juror at the trial if he or she is excused under Part VC. [Section 5 inserted: No. 59 of 1984 s. 6; amended: No. 56 of 1988 s. 4; No. 78 of 1995 s. 57; No. 12 of 2000 s. 4; No. 13 of 2011 s. 10; No. 8 of 2012 s. 115; No. 25 of 2014 s. 69; No. 10 of 2023 s. 351.] [**6.** Deleted: No. 59 of 1984 s. 7.] [**7.** Deleted: No. 59 of 1984 s. 8.] ##### 8. Verdict not affected The fact that a person who — (a) is not eligible or not qualified to serve as a juror; or (b) is excused from serving as a juror, has served as a juror in a trial, whether civil or criminal, is not a ground for questioning, and does not invalidate or affect, the verdict. [Section 8 inserted: No. 59 of 1984 s. 9.] ## Part III — Jury districts ##### 9. Jury districts For the Supreme Court, and for each circuit court, the Governor shall constitute a jury district. [Section 9 amended: No. 44 of 1973 s. 6.] ##### 10. Area of jury districts (1) A jury district shall consist of the whole or such part or parts of such Assembly district or Assembly districts as is or as are, from time to time, determined in accordance with the provisions of this Part. (2) The jury district for the Supreme Court, and for each circuit court, shall consist of such Assembly district or districts, or such part or parts of such Assembly district or districts, as the Governor determines and declares, and is hereby authorised to determine and declare by proclamation from time to time. (3) Where a circuit town is declared after the coming into operation of this Act pursuant to the power conferred by section 46 of the *Supreme Court Act 1935*, or any other Act for the time being in operation, the Governor may by the proclamation declaring the circuit town, or by subsequent proclamation, declare what Assembly district or districts or part or parts of an Assembly district or districts, shall constitute the jury district for the circuit court of the circuit town so proclaimed. (4) The jury district for the District Court sitting at Perth shall be the same as the jury district for the Supreme Court. (5) The jury district for the District Court sitting at a place other than Perth shall be the same as the jury district for a circuit court at that place. [Section 10 amended: No. 44 of 1973 s. 7; No. 64 of 1975 s. 4.] ##### 11. Transitional provisions for alterations or abolition of Assembly districts (1) If an Assembly district part or the whole of which forms or is comprised in a jury district is altered or abolished pursuant to any law for the time being in operation; the jury district, as constituted immediately prior to the alteration or abolition of the Assembly district, shall nevertheless remain as so constituted until varied by proclamation under this Act, and any jurors’ book in force immediately prior to the alteration or abolition of the Assembly district shall continue to be the jurors’ book for the jury district until a new jurors’ book is prepared under this Act. (2) If a jury district is altered or abolished by proclamation under section 12, (a) jurors for whom summonses have been issued before the day on which the proclamation takes effect to attend for any sittings, shall on being served attend in accordance with the summons; and (b) trials to be held at the sittings shall be held, or if commenced before that day, shall be continued; and (c) jurors for those trials shall be chosen, as if the proclamation had not taken effect. [Section 11 amended: No. 44 of 1973 s. 8; No. 1 of 2005 s. 9(2).] ##### 12. Power to vary jury districts The Governor may from time to time by proclamation — (a) alter the area of any jury district as for the time being constituted; and (b) include in, or exclude from, the area, the whole or any part of an Assembly district; and (c) abolish a jury district and include the area of the jury district wholly or partly in any other jury district. ## Part IV — Jurors’ books, boxes and tickets [Heading inserted: No. 13 of 2011 s. 11.] ##### 13. Jury officers The jury officers for the respective jury districts are — (a) for the Supreme Court, and the District Court sitting at Perth, the sheriff; and (b) for the District Court sitting at a place other than Perth, and a circuit court at that place, the senior registrar of the District Court at that place. [Section 13 inserted: No. 44 of 1973 s. 9; amended: No. 53 of 1992 s. 9(4).] ##### 14. Electoral Commissioner to prepare jury lists (1) On or about 1 March in each year the sheriff — (a) shall notify the Electoral Commissioner of the number of jurors that in his estimate will be required for jury service for each jury district; and (b) shall requisition from the Electoral Commissioner the number of copies of lists of jurors which he requires for each jury district. (2) Before 30 April in each year the Electoral Commissioner shall by ballot in accordance with the provisions of subsection (2a) select jurors to the number so notified to him by the sheriff for each jury district from all of the electors who — (a) are shown in the electoral rolls for the Assembly district or districts which, or parts of which, comprise the jury district; and (b) have not reached 75 years of age. (2a) The Electoral Commissioner shall select from each Assembly district or each part of an Assembly district which is comprised in a jury district a quota of the jurors required by the sheriff ascertained to the nearest whole number by — (a) multiplying the number of electors on the roll of such Assembly district or shown on the roll to be residing in such part, by the number of jurors required by the sheriff for the jury district; and (b) dividing the product obtained under paragraph (a) by the total number of electors in the jury district. (2b) The selection of jurors required by subsections (2) and (2a) may be made by computer. (3) The Electoral Commissioner shall prepare a separate list of persons so selected for each jury district, and shall ensure the sheriff is given each list before 30 April in each year. (3a) Notwithstanding anything in subsections (1) to (2a), where in relation to a particular jury district the sheriff considers that the number of persons in a jury district who are liable to serve as jurors would be too small for the purposes of applying the provisions of subsections (1) to (2a) for the purposes of selecting persons for service as jurors, the sheriff shall require the Electoral Commissioner instead of providing him with a copy of lists of names of persons in accordance with the provisions of subsections (1) to (2a) in relation to such a jury district, to provide him with a list of the names of all the persons who — (a) are shown in the electoral rolls for the Assembly district or districts which, or parts of which, comprise the jury district referred in the requisition to be living in the jury district; and (b) have not reached 75 years of age. (4) The lists so prepared by the Electoral Commissioner are the jury lists for the respective jury districts. [Section 14 amended: No. 35 of 1959 s. 2; No. 44 of 1973 s. 10; No. 6 of 1981 s. 7; No. 59 of 1984 s. 10; No. 13 of 2011 s. 12.] ##### 15. Electoral Commissioner to prepare jury lists for new districts (1) On any place being newly appointed to be a court town the Electoral Commissioner shall on the request in writing of the Attorney General prepare forthwith a list for the jury district assigned to the town; and shall deal with the list in the same manner as is required by this Act in respect of the preparation of annual jury lists. [Section 15 amended: No. 6 of 1981 s. 8; No. 59 of 1984 s. 11.] ##### 16A. Sheriff to prepare jurors’ book for each district (1) Before 1 July in each year the sheriff, in accordance with this section, must cause to be prepared for each jury district a list of names of persons in the district called the jurors’ book. (2) The jurors’ book for a jury district must be compiled from the jury list prepared for the district under section 14. (3) If subsection (4)(d) or section 26(3)(d) or 32D(1AA)(d) or 34G(2)(d) applies to a person, the name of the person must be included in the jurors’ book for the jury district in which the person does reside. (4) In preparing the jurors’ book for a jury district, the sheriff must omit the name of any person whom the sheriff is satisfied — (c) is a person who, under the *Jury Exemption Act 1965* (Commonwealth), shall not be summoned to serve as a juror in this State; or (f) has died. (5) Each person’s name in a jurors’ book shall be numbered in a regular arithmetical series. (6) The persons whose names appear in the jurors’ book for a jury district are, subject to this Act, the persons liable to serve on all juries empanelled for any trial within the jury district. (7) Subject to subsection (8) and any adjustment made under section 34E(3)(b) or 34G(3)(a)(iii), a jurors’ book compiled in accordance with this Act for a jury district on or before 1 July in a year shall be used — (a) for the selection of the names of persons to be on panels of jurors or in jury pools, as the case requires, in the district from and including that 1 July until a new jurors’ book is prepared for the district; and (b) notwithstanding any alteration in the boundaries of the jury district in that period. (8) The names of jurors summoned before 1 July in any year for any trial to be held on and after that 1 July shall be taken from the jurors’ book in use under this Act at the date when those jurors were so summoned. (9) The jury officer for a district shall keep the jurors’ book for the district for use whenever required. [Section 16A inserted: No. 13 of 2011 s. 13.] ##### 16. Jurors’ tickets to be placed in boxes (1) The sheriff shall provide for each jury district 2 suitable boxes of a type to be approved by the Attorney General for use for the purposes of this Act, marked with the name of the district and labelled respectively, “Jurors in Use” and “Jurors in Reserve”. (2) The summoning officer shall cause to be printed or written upon separate tickets of as nearly as may be the same size and shape the name of the jury district and the several numbers contained in the jurors’ book for the district, so that the tickets form a regular arithmetical series corresponding to the numbers in the jurors’ book and shall then place the tickets in the box marked with the name of the jury district and labelled “Jurors in Use”. (3) The summoning officer shall lock the box and keep the keys so that unless this Act provides otherwise, no other person shall have access to it. (4) If at any time any of the tickets are lost the summoning officer shall replace them within 2 days after discovery of the loss. ##### 17. Duty of police Police officers shall render such assistance in the compilation of the jury lists and jurors’ books and shall undertake such inquiries, and shall supply such information, as the sheriff, or the Electoral Commissioner or any jury officer, or summoning officer, requires, whether for the purpose of ascertaining the names of persons not eligible or qualified to serve as jurors, or for any other purpose of the administration of this Act. [Section 17 amended: No. 13 of 2011 s. 14.] ## Part V — Numbers of jury [Heading amended: No. 6 of 1981 s. 9.] ##### 18. Number of jurors for a criminal trial (1) If a jury is required for a criminal trial, not less than 12 and not more than 18 jurors shall be chosen and returned from the jurors’ book for the jury district in which the trial is to take place. (2) The actual number to be chosen and returned under subsection (1) shall be determined by a judge of the court in which the trial is to be held. (3) Immediately after determining the number of jurors to be chosen and returned, the judge shall give the sheriff notice of the number. (4) If, immediately before the jury is asked to retire to consider its verdict in a criminal trial, there are more than 12 jurors, a ballot shall be conducted to select 11 of the jurors to retire with the foreperson to consider the verdict. (5) The ballot referred to in subsection (4) shall be conducted by the proper officer by — (a) placing the cards with the identification numbers of the jurors other than the foreperson in a ballot‑box; and (b) agitating the box sufficiently to intermix the cards in the box; and (c) drawing 11 cards one after another out of the box and calling aloud the identification number on each card. (6) A juror not selected under subsection (4) shall be discharged from further service as a juror for that trial. [Section 18 inserted: No. 25 of 2003 s. 5(1); amended: No. 84 of 2004 s. 51.] ##### 19. Number of jurors for a civil trial A jury for a civil trial shall, subject to this Act, consist of 6 persons who shall be chosen and returned, according to the provisions of this Act, from the jurors’ book for the jury district in which the trial is to take place. ## Part VA — General jury precepts and panels [Heading inserted: No. 6 of 1981 s. 10.] ##### 20. General jury precepts Subject to this Act, where jurors are required for any criminal or civil trial or trials in the Supreme Court, a circuit court, or the District Court, a general jury precept in the prescribed form shall be issued to the appropriate summoning officer referred to in section 21 or in section 25 requiring him to summon a sufficient number of jurors to attend on the trial or trials — (a) by a Supreme Court judge, in the case of a general jury precept returnable in the Supreme Court or a circuit court; or (b) by a District Court judge, in the case of a general jury precept returnable in the District Court, but where a sitting of the Supreme Court or a circuit court, and of the District Court coincide wholly or in part at the same place, a Supreme Court judge may issue a general jury precept for summoning jurors to attend both those sittings. [Section 20 inserted: No. 44 of 1973 s. 11; amended: No. 6 of 1981 s. 11.] ##### 21. Summoning officer Subject to section 25 — (a) the sheriff is the summoning officer in respect of general jury precepts returnable in the Supreme Court or returnable in the District Court sitting at Perth; and (b) the senior registrar of the District Court sitting at a place other than Perth is the summoning officer in respect of general jury precepts returnable in that court or returnable in a circuit court at that place. [Section 21 inserted: No. 44 of 1973 s. 12; amended: No. 6 of 1981 s. 12; No. 53 of 1992 s. 9(4).] ##### 22. Contents and issue of general jury precept A general jury precept — (a) shall specify the time when and the place where the attendance of the jurors is required; and (b) shall be issued and delivered to the summoning officer to whom it is directed 21 days at least before it is returnable. [Section 22 amended: No. 6 of 1981 s. 13.] ##### 23. Number of jurors to be summoned Upon the receipt of a general jury precept in respect of a criminal trial the summoning officer, unless otherwise directed by the precept, shall summon not less than 20 nor more than 40 jurors. [Section 23 amended: No. 6 of 1981 s. 14.] ##### 24. Oral precepts and amending or enlarging panel The Supreme Court and every judge thereof, and every circuit court and the judge thereof, have and may exercise such power and authority as they have prior to the coming into operation of this Act had and exercised, or as similar courts in England have, in making any award or order, orally or otherwise, for the return of a jury for the trial of any issue before any of those respective courts, or for the amending or enlarging of any panel hereinafter mentioned; and the return to any award or order so made shall be made in the accustomed manner heretofore used in such or similar courts respectively in England, but a person shall not be so returned as a juror unless he or she is eligible and qualified according to this Act to serve as a juror. [Section 24 amended: No. 44 of 1973 s. 13; No. 13 of 2011 s. 15.] ##### 25. Power of appointment of alternative summoning officer where summoning officer has interest in trial (1) If it appears to a judge that a summoning officer to whom, but for this section, he would issue a general jury precept to summon jurors for the trial of any issue, has any direct or indirect interest in the result of the trial, other than an interest in his capacity as summoning officer or other than an interest in common with the public, he may issue the general jury precept to such other person as he thinks fit to appoint and is hereby authorised to appoint as summoning officer. (2) A person who is appointed as summoning officer, and to whom a general jury precept is issued, under subsection (1), has and may exercise the powers conferred, and shall carry out the duties imposed, on a summoning officer by this Act in respect of the general jury precept. [Section 25 amended: No. 44 of 1973 s. 14; No. 6 of 1981 s. 15; No. 19 of 2010 s. 51.] ##### 26. Procedure for choosing jurors for criminal trials (1) Where a general jury precept is delivered to the summoning officer for a jury for a criminal trial, the summoning officer shall, subject to section 29A, choose in the manner prescribed by this section the persons to be summoned from those whose names appear in the jurors’ book for the jury district in which the attendance of jurors is required by the general jury precept. (2) At a time and place which the summoning officer shall appoint, and in the presence of one of the senior officers of the Supreme Court if the summoning officer is the sheriff, or, if not the sheriff, in the presence of a justice of the peace, the summoning officer shall do the following — (a) firstly — (i) read aloud the name of any person whose name is required to be on the panel by virtue of section 34H(5)(b) or (6); and (ii) obtain from the box for the jury district marked “Jurors in Use” the ticket the number of which corresponds to that name, if there is such a ticket; and (iii) except in the case of an omission authorised by subsection (3), write or cause to be written that number and name on a panel; (b) secondly, cause the tickets in the box for the jury district marked “Jurors in Use” to be intermixed and then — (i) draw one ticket from the box and read its number; and (ii) refer to the corresponding number in the jurors’ book and read aloud the name to which that number is assigned in the jurors’ book; and (iii) except in the case of an omission authorised by subsection (3), write or cause to be written that number and name on a panel; and (iv) repeat the steps in subparagraphs (i) to (iii) until the panel, including any name included under paragraph (a), has on it the number of persons to be summoned as jurors; (c) thirdly, sign the panel and keep the tickets corresponding to the numbers and names so written on the panel until after the precept is returnable; (d) fourthly, draw out of the box, one at a time, a sufficient number of additional tickets to be kept for use under section 27(1). (3) If the number on a ticket corresponds in the jurors’ book to the name of a person who the summoning officer is satisfied — (c) is a person who, under the *Jury Exemption Act 1965* (Commonwealth), shall not be summoned to serve as a juror in this State; or (f) has died, the summoning officer must omit that name from the panel and draw from the box a ticket in place of the ticket representing the person whose name is so omitted. [(4) deleted] (5) The persons whose names appear on the panel shall be the jurors to be summoned and the summoning officer shall forthwith cause to be issued to each juror named in the panel a summons in the prescribed form. (6) The summoning officer shall ensure that — (a) each person to whom a summons is issued is allocated a unique identification number; and (b) the panel shows the identification number against the place where the person’s name appears on the panel. [Section 26 amended: No. 6 of 1981 s. 16; No. 59 of 1984 s. 12; No. 13 of 1988 s. 3; No. 25 of 2003 s. 6; No. 13 of 2011 s. 16.] ##### 27. Extra people to be summoned to make up for people not attending (1) If at any time before the panel for a criminal trial is returnable the summoning officer — (a) ascertains that a person on the panel to whom a summons was issued under section 26(5) cannot be served with the summons; or (b) under Part VC Division 2, excuses a person on the panel who has been served with a summons, the officer shall choose in rotation from the jurors whose names correspond with the numbers on the additional tickets drawn out under section 26(2)(d) such number of persons as is required to complete the panel and shall place their names on the panel in substitution for the names of the persons who have not been served or who have been excused, as the case may be. (2) A person whose name is so substituted shall be summoned accordingly and is bound to attend pursuant to the summons notwithstanding that the summons was not served on the person within the prescribed time. [Section 27 inserted: No. 13 of 2011 s. 17.] ##### 28. Ticket of juror not attending to be returned to box (1) If a person to whom a summons is issued under section 26(5) cannot be served or does not attend when summoned, the summoning officer shall forthwith place the ticket bearing the number of that person in the box marked “Jurors in Reserve”. (1a) If any ticket drawn from a box has not been used for the purpose of completing the panel the summoning officer shall forthwith return the ticket to the box from which it was drawn. (2) The residue of the tickets drawn shall be placed by the summoning officer into the box marked “Jurors in Reserve” there to remain until all of the tickets in the box marked “Jurors in Use” have been drawn out in which case the summoning officer shall transfer the tickets then in the box marked “Jurors in Reserve” to the box marked “Jurors in Use”, or until the tickets are required to be used afresh in connection with a new jurors’ book. [Section 28 amended: No. 44 of 1973 s. 16; No. 59 of 1984 s. 14; No. 13 of 2011 s. 18.] ##### 29. Choosing of jurors for civil trials (1) Subject to section 29A, where an issue in a civil trial is to be tried or damages are to be assessed by a jury, the jury shall be chosen in the manner prescribed by this section. (2A) At a time and place which the summoning officer shall appoint for the striking of the jury, he shall in the presence of the parties and of their respective solicitors if they choose to attend and if not, then in their absence, cause the box marked “Jurors in Use” to be agitated, or to be rotated sufficiently to intermix the tickets in the box, and shall draw out of the box one after another as many tickets as are required. (2B) The numbers so required shall be ascertained by adding to 20 so many more as will enable each separate party to object to 6 names. (2C) Persons joining in claim, defence, or counter claim, shall be regarded as forming one party; and a person who is introduced under third party procedure and who disputes the plaintiffs claim shall be regarded as separate from the other parties, but if 2 or more persons so introduced join in defence they shall be regarded as collectively forming a separate party. (2D) The summoning officer upon drawing the tickets out of the box shall prepare a list of the names corresponding with the numbers set against the names in the jurors’ book and shall hand a copy of such list to each party. (2E) Each separate party may object to 6 names on the list and shall object by making a note in writing of the names to which he objects and shall hand the note to the summoning officer. (2F) Where any party does not appear either in person or by his solicitor, the list of jurors may be reduced on his behalf by the summoning officer. (2G) The summoning officer without disclosing to any other party the names so objected to, shall strike out those names from the list, and out of the residue the summoning officer shall summon 6 jurors and no more, and shall not disclose to any of the parties the names of the persons summoned or to be summoned. (2H) If a juror so summoned cannot be served or is excused from the summons under Part VC Division 2, the summoning officer may if any names not objected to remain on the list, summon another juror whose name remains on the list to serve instead of the juror who cannot be served or who has been excused, and the juror so substituted shall be bound to attend pursuant to summons notwithstanding that the summons was not served on him within the prescribed time. (3) The summoning officer — (a) shall restore to the box marked “Jurors in Use” all of the tickets the numbers of which are set against the names of the jurors who have been objected to, and against the names of those who are not summoned; (b) shall place the residue of the tickets in the box marked “Jurors in Reserve” there to remain until all of the tickets in the box marked “Jurors in Use” have been drawn out in which case the summoning officer shall transfer the tickets then in the box marked “Jurors in Reserve” to the box marked “Jurors in Use”, or until the tickets are required to be used afresh in connection with a new jurors’ book. (4) On the day appointed for the trial the summoning officer shall deliver to the proper officer the list of jurors summoned and not excused and the proper officer shall call the jurors one by one from the list and the jurors so called on being duly sworn shall be the jury. [Section 29 amended: No. 44 of 1973 s. 17; No. 6 of 1981 s. 17; No. 59 of 1984 s. 15; No. 13 of 1988 s. 4; No. 19 of 2010 s. 51; No. 13 of 2011 s. 19.] ##### 29A. Empanelling of jury for criminal and civil trials by computer (1) A summoning officer may instead of manual performance carry out by the use of a computer — (a) in respect of a criminal trial held at a place other than Perth, the procedures for and in relation to the choosing of a jury for a criminal trial referred to in sections 26(2) to (6), 27 and 28; and (b) the procedures for and in relation to the choosing of a jury for a civil trial referred to in section 29(2A), (2B), (2D), (2F), (2G), (2H) and (3). (2) Where a summoning officer exercises the power under subsection (1) in relation to the procedures referred to in — (a) section 26(2) or (3) or 29(2A) to (2H), the choosing of a jury shall be made at random from the names in the jurors’ book for the jury district concerned; and (b) section 26(2) or (3), neither the attendance of a person specified in section 26(2) as a witness nor the reading aloud of names by the summoning officer as referred to in section 26(2) shall be required; and (c) section 29(2A), those procedures shall not be carried out in the presence of the parties or their solicitors but the summoning officer shall forthwith supply a list of the names of the jurors chosen to each party. [Section 29A inserted: No. 13 of 1988 s. 5; amended: No. 12 of 2000 s. 6; No. 25 of 2003 s. 7; No. 19 of 2010 s. 51; No. 13 of 2011 s. 20.] ##### 30. Rights of parties in criminal trials to inspect list of summoned jurors Subject to any order made under section 43A, the summoning officer must ensure a copy of every panel or pool of jurors who have been summoned to attend for a criminal trial is available to be inspected by the parties to the trial from 8 a.m. on the day on which the trial is listed to begin. [Section 30 inserted: No. 13 of 2011 s. 21.] ##### 31. Summoning of jurors Each juror whose name appears on any panel shall be summoned by the summoning officer by summons in or substantially in, the prescribed form which shall, except where this Act prescribes a shorter period, be served 5 clear days at least before his or her attendance is required, by the delivery of the summons to the juror in accordance with section 33. [Section 31 amended: No. 44 of 1973 s. 18; No. 6 of 1981 s. 19.] [**32.** Deleted: No. 13 of 2011 s. 22.] ## Part VB — Jury pools [Heading inserted: No. 6 of 1981 s. 20.] ##### 32A. Trials for which jury pools may be summoned (1) Juries for criminal trials in the jury districts for the Supreme Court sitting at Perth and the District Court sitting at Perth may be selected from a jury pool summoned under this Part. (2) The Governor may, by order published in the *Gazette*, direct that juries for criminal trials in the Supreme Court, a circuit court or the District Court, in addition to those referred to in subsection (1), may be selected from a jury pool summoned under this Part. (3) An order made under subsection (2) shall specify the jury district or districts to which it applies. (4) The Governor may from time to time revoke or vary in whole or in part an order made under subsection (2). (5) Notwithstanding that pursuant to subsection (1) or an order made under subsection (2) a jury for a trial may be selected from a jury pool in accordance with this Part, jurors for that trial may be chosen and summoned under Part VA and in that event the summoning officer shall cause the names of the persons so summoned to be noted in the jurors’ book in the same manner as if those persons were summoned under this Part. [Section 32A inserted: No. 6 of 1981 s. 20.] ##### 32B. Summoning officer for jury pools Subject to an appropriate order having been made under section 32A in respect of the relevant jury district — (a) the sheriff is the summoning officer in respect of jury pools required for trials by the Supreme Court or the District Court sitting at Perth; and (b) the senior registrar of the District Court sitting at a place other than Perth is the summoning officer in respect of jury pools required for trials to be held at that place. [Section 32B inserted: No. 6 of 1981 s. 20; amended: No. 53 of 1992 s. 9(4).] ##### 32C. Selection of jury pool (1) If a jury pool is required in a jury district for trials to which the pool relates, the summoning officer shall, from time to time as occasion requires — (a) select any person who, under section 34H(5)(b) or (6), is required for the pool; and (b) select at random from the jurors’ book for the jury district additional persons so that, including any name included under paragraph (a), the number of persons selected will, in the officer’s estimation, ensure the attendance of sufficient persons at the jury pool. (2) A selection under subsection (1) may be made by ballot manually or by computer. (3) An officer of a court in which trials to which a jury pool relates are held shall, upon request by a summoning officer, furnish to him such particulars as he requires relating to trials to be held in that court for the purposes of determining the number of persons required to be summoned to attend at the jury pool. [Section 32C inserted: No. 6 of 1981 s. 20; amended: No. 59 of 1984 s. 17; No. 13 of 2011 s. 23.] ##### 32D. Summoning officer to issue summons (1) The summoning officer shall issue to each person selected for the purposes of section 32C a summons in the prescribed form requiring the person to attend at a place specified for the assembly of the jurors in the jury pool and at the time specified in the summons until discharged pursuant to section 32I. (1AA) If the summoning officer is satisfied a person whose name is selected for the purposes of section 32C — (c) is a person who, under the *Jury* *Exemption Act 1965* (Commonwealth), shall not be summoned to serve as a juror in this State; or (f) has died, the summoning officer must not issue the person a summons, despite subsection (1). (1a) The summoning officer shall ensure that each person to whom a summons is issued is allocated a unique identification number. (1b) The allocation of an identification number may be done by computer. (2) A summons issued under subsection (1) shall be served on the person to whom it is issued at least 5 days before the time specified therein for his attendance at the jury pool unless a judge of the court in which trials to which the jury pool relates are held otherwise orders in which case the person to whom the summons is issued shall be bound to attend notwithstanding that the summons was not served on him within the time specified by this subsection. [Section 32D inserted: No. 6 of 1981 s. 20; amended: No. 25 of 2003 s. 9; No. 13 of 2011 s. 24.] ##### 32E. Summoning officer may withdraw summons (1) Where it appears to the summoning officer after the issue of summonses to the persons selected to attend at a jury pool and before the attendance of such persons that the number of persons so selected is greater than the number that will be required, the summoning officer may reduce the number of persons required to attend at the jury pool. (2) A reduction under subsection (1) shall be performed by ballot manually or by computer. (3) A person who is excluded under this section from the number of persons required to attend at the jury pool shall be informed accordingly by the summoning officer and informed that the summons is withdrawn and his name shall forthwith be restored to the jurors’ book. [Section 32E inserted: No. 6 of 1981 s. 20; amended: No. 13 of 2011 s. 25.] ##### 32F. Summoning officer to provide details to jury pool supervisor (1) The summoning officer shall furnish to the jury pool supervisor of a jury pool to which persons have been summoned under section 32D at the time and place at which the persons are required to assemble — (a) a list of the names and identification numbers of the persons so summoned, being persons who are liable to serve as jurors and who have not been excused from the summons under Part VC Division 2; and (b) the identification numbers of the persons on the list on separate cards each card being as nearly as possible of equal size. (2) The jury pool supervisor shall place the cards furnished to him under subsection (1) in a box to be kept at the jury assembly room. (3) The procedure set out in subsection (1) may, to the extent that it can be performed by computer instead of by manual performance, be performed by computer. [Section 32F inserted: No. 6 of 1981 s. 20; amended: No. 59 of 1984 s. 18; No. 34 of 1997 s. 4; No. 25 of 2003 s. 10; No. 13 of 2011 s. 26.] ##### 32FA. Jury pool supervisor to give identification number and explain certain matters to persons answering summons (1a) Before calling the roll of persons summoned to form a jury pool, the jury pool supervisor shall give each person who appears in response to a summons his or her identification number on a card. (1b) The jury pool supervisor shall call the roll of persons summoned to form a jury pool by calling their identification numbers. (1) Immediately after calling the roll of persons summoned to form a jury pool the jury pool supervisor shall explain or cause to be explained to the persons who have appeared in answer to the summons their obligation to disclose to him or to the court the existence of any of the matters listed in Schedule 2. (2) The procedure set out in subsection (1) may, to the extent that it can be performed by computer instead of by manual performance, be performed by computer. [Section 32FA inserted: No. 59 of 1984 s. 19; amended: No. 34 of 1997 s. 5; No. 25 of 2003 s. 11; No. 13 of 2011 s. 27.] ##### 32G. Pool precept (1) Where a jury is required at any trial to which a jury pool relates, the presiding judge or a person appointed by him for that purpose may issue a pool precept directed to the jury pool supervisor for that jury pool requiring him to allocate jurors from the jury pool for that trial. (2) A pool precept shall — (a) be in the prescribed form; and (b) specify the time and the court at which the attendance of the jurors is required; and (c) subject to subsection (3), specify the number of jurors required to be allocated from the jury pool. (3) Unless the judge or other person issuing a pool precept otherwise orders in particular circumstances, the number of jurors to be specified in a pool precept is 20 plus the total number of peremptory challenges available to the accused person or persons and to the prosecutor in the trial. [Section 32G inserted: No. 6 of 1981 s. 20; amended: No. 13 of 2011 s. 6.] ##### 32H. Selection of jurors from jury pool (1) Where a pool precept is delivered to a jury pool supervisor, he shall select by ballot from the box referred to in section 32F(2) the number of jurors specified in the pool precept. (2) At the time and court specified in the pool precept for the attendance of the jurors, the jury pool supervisor, or an officer on his behalf, shall return the pool precept and annex to it a list of the names of the persons and their identification numbers selected by the jury pool supervisor in pursuance of the pool precept. (3) The jury pool supervisor shall also furnish with a pool precept furnished under subsection (2) the cards on which are the identification numbers of the persons selected in pursuance of the pool precept. (4) The jury pool supervisor, or an officer on his or her behalf, shall also direct the persons selected in pursuance of the pool precept to attend at the court, and at the time, specified in the precept. (5) If a person selected in pursuance of a pool precept is excused under Part VC Division 2 and the court so directs, the jury pool supervisor shall select a replacement person in accordance with subsection (1), include the person’s name and identification number on the list referred to in subsection (2) and furnish a card on which is the person’s identification number to the court. (6) A person selected in pursuance of a pool precept who is not sworn as a member of the jury for which the precept was issued or who served on that jury shall, unless discharged from attending at the jury pool, return to the jury assembly room and the proper officer shall return the card relating to every such person to the jury pool supervisor. (7) The procedures set out in subsections (1), (2), (3) and (5) may, to the extent that they can be performed by computer instead of by manual performance, be performed by computer. [Section 32H inserted: No. 6 of 1981 s. 20; amended: No. 34 of 1997 s. 6; No. 25 of 2003 s. 12; No. 13 of 2011 s. 28 and 41.] ##### 32I. Period of attendance at jury pool and discharge (1) Subject to this section, a person summoned to attend at a jury pool shall attend for such period, not exceeding 5 consecutive court sitting days, as the summoning officer determines in respect of that jury pool. (2) A person who is sworn as a member of a jury shall be required to attend at the court until discharged notwithstanding that he has attended at the jury pool for a longer period than 5 consecutive court sitting days. (3) The summoning officer may discharge any person from attending at a jury pool for the whole or any part of the period determined under subsection (1) if it appears to the summoning officer that the number of jurors in the jury pool exceeds the number required for trials to which the pool relates and persons to be discharged under this subsection shall be selected by ballot. [Section 32I inserted: No. 6 of 1981 s. 20.] ## Part VC — Serving summonses and excusing people [Heading inserted: No. 13 of 2011 s. 29.] ### Division 1 — Serving summonses [Heading inserted: No. 13 of 2011 s. 29.] ##### 33. Service of summons (1) A summons or notice required or authorised by or under this Act to be sent, served or given to any person by a summoning officer shall be deemed to have been duly sent, served or given — (a) if delivered personally to that person, or if left — (i) at the address appearing in the jurors’ book in respect of that person; or (ii) if it is in the same jury district as that address, at an address recorded by the Electoral Commissioner in respect of that person; or (b) if sent by prepaid post addressed to that person at an address referred to in paragraph (a). (2) Service of a summons or notice in accordance with subsection (1)(a) shall be effected by a police officer or a sheriff’s officer who shall prepare and complete, in the manner required by subsection (3), a list (referred to in this section as a summons and notice list) in the prescribed form. (3) The officer who serves the summons or notice — (a) shall insert in the respective columns of the summons and notice list the particulars indicated by the heading to each of those columns; and (b) shall certify the summons and notice list in, or substantially in, the manner indicated in that form and shall sign and date the certificate; and (c) shall then send or deliver the certified summons and notice list, together with any summonses or notices that he has not been able to serve, to the summoning officer. (4) Production of a summons and notice list so certified, signed and dated, is prima facie evidence of the service of the summonses or notices stated to have been served, and of the other facts stated, in the summons and notice list. (5) Service of a summons or notice in accordance with subsection (1)(b) shall be prima facie deemed to have been effected at the time when it would be delivered in the ordinary course of post. [Section 33 inserted: No. 6 of 1981 s. 22; amended: No. 12 of 2000 s. 7; No. 13 of 2011 s. 30.] ##### 33A. Information to be given to summoned people The summoning officer must ensure that every summons issued under this Act to a person requiring attendance as a juror has in it or with it a notice informing the person of the following — (a) the manner in which a claim that he or she is not eligible or not qualified to serve as a juror may be made; (b) the grounds on which and the procedure by which he or she may apply to be excused from serving as a juror; (c) the matters in Schedule 2 that he or she is obliged to disclose to the summoning officer or the court. [Section 33A inserted: No. 13 of 2011 s. 31.] ##### 34. Duty of secrecy in summoning jurors (1) Except for the purpose of carrying the provisions of this Act into effect, or in answer to any questions which he is lawfully compellable to answer, a police officer or sheriff’s officer who, having been entrusted with the serving of a summons to a juror, communicates or makes known, whether directly or indirectly, to any person any information or matter relating to jurors which has come to his knowledge in carrying out his duties in relation to the service of summonses to jurors commits an offence. Penalty: $60 000 or imprisonment for 3 years, or both. (2) If a summoning officer, or any of his assistants, or any officer or justice of the peace taking part in, or present at the choosing of a jury panel or a jury pool, including any person concerned in the operation of or having access to a computer used for the purpose, reveals the names of persons on the panel or the jury pool, or any of them to any person, except for the purpose of carrying this Act into effect, or in answer to a question which he is lawfully compellable to answer, he commits an offence. Penalty: $60 000 or imprisonment for 3 years, or both. [Section 34 amended: No. 113 of 1965 s. 8(1); No. 44 of 1973 s. 20; No. 6 of 1981 s. 23; No. 25 of 2003 s. 13.] [**34A.** Deleted: No. 13 of 2011 s. 32.] ##### 34B. Summoning officer to give identification number and explain certain matters to persons answering summons (1) Before calling the roll of persons summoned by a general jury precept the summoning officer shall give each person who appears in response to a summons his or her identification number on a card. (2) The summoning officer shall call the roll of persons who have appeared in answer to the summons by calling their identification numbers. (3) Immediately after calling the roll of persons summoned by a general jury precept the summoning officer shall explain or cause to be explained to the persons who have appeared in answer to the summons their obligation to disclose to him or to the court the matters in Schedule 2. [Section 34B inserted: No. 59 of 1984 s. 22; amended: No. 25 of 2003 s. 14; No. 13 of 2011 s. 33.] ### Division 2 — Excusing people [Heading inserted: No. 13 of 2011 s. 34.] ##### 34C. Term used: summoned In this Division — summoned means summoned under Part VA or VB. [Section 34C inserted: No. 13 of 2011 s. 34.] ##### 34D. Division does not affect rights to challenge for cause This Division does not affect the operation of the *Criminal Procedure Act 2004* section 104(5). [Section 34D inserted: No. 13 of 2011 s. 34.] ##### 34E. Certificates permanently excusing people (1) If the sheriff is satisfied that a person is permanently incapable of serving effectively as a juror because of a physical disability or mental impairment, the sheriff may issue a certificate to the person stating that the person is permanently excused from serving as a juror. (2) For the purposes of subsection (1) the sheriff may require a person to provide information in a statutory declaration. (3) On issuing a certificate to a person under subsection (1), the sheriff must — (a) notify the Electoral Commissioner of that fact; and (b) cause the person’s name to be removed from the jurors’ book and omitted from any future jurors’ book. (4) If the Electoral Commissioner is notified under subsection (3), he or she must ensure the name of the person concerned is not on any jury list prepared under section 14. (5) The sheriff, for good reason, may cancel a certificate issued under subsection (1). (6) If a person’s certificate is cancelled under subsection (5), then, subject to sections 14 and 16A, the person’s name may be included in a jury list or juror’s book. [Section 34E inserted: No. 13 of 2011 s. 34.] ##### 34F. Summoned people may apply to be excused (1) A person who is summoned may apply to be excused from the summons under section 34G, 34H, 34I or 34J or under more than one of those sections. (2) An application to be excused under section 34G, 34H, 34I or 34J must be made to the summoning officer. (3) The summoning officer may refer the application to a judge to decide. (4) If the summoning officer refuses an application to be excused under section 34G, 34H, 34I or 34J, the applicant may renew the application before a judge. (5) The summoning officer or judge may require an applicant to provide evidence on oath or in a statutory declaration to substantiate the grounds on which the person seeks to be excused. [Section 34F inserted: No. 13 of 2011 s. 34.] ##### 34G. General powers to excuse summoned people (1) A judge or summoning officer may excuse a person under this section — (a) on his or her own initiative or an application made by the person under section 34F; and (b) even if an application by the person to be excused under section 34H has been refused. (2) If a judge or the summoning officer is satisfied that a person who is summoned — (c) is a person who, under the *Jury Exemption Act 1965* (Commonwealth), shall not be summoned to serve as a juror in this State; or (d) does not reside in the district concerned; or (e) does not understand spoken or written English, or cannot speak English, well enough to be capable of serving effectively as a juror; or (f) is not capable of serving effectively as a juror because he or she has a physical disability or a mental impairment, the judge or summoning officer must excuse the person from the summons. (3) As soon as practicable after a person is excused under this section, the judge or summoning officer must — (a) if the person is excused under subsection (2)(a), (b), (c) or (d), ensure that — (i) the person’s name, jurors’ book number and identification number are removed from any panel of jurors or jury pool, as the case requires; and (ii) every ticket and card bearing the person’s jurors’ book number or identification number is removed from every box in use under this Act; and (iii) the person’s name and jurors’ book number are removed from the jurors’ book for the district concerned; (b) if the person is summoned for one or more criminal trials and is excused under subsection (2)(e) or (f), ensure that — (i) the person’s name, jurors’ book number and identification number are removed from the panel of jurors or the jury pool, as the case requires; and (ii) the card bearing the person’s identification number is removed from every box being used to select or choose jurors at the trials; (c) if the person is summoned for a civil trial and is excused under subsection (2)(e) or (f), ensure that the ticket bearing the person’s jurors’ book number is dealt with in accordance with section 29(3)(b). (4) The name of a person excused under subsection (2)(e) or (f) must not be removed from the jurors’ book for the district concerned by reason only of the excusal. [Section 34G inserted: No. 13 of 2011 s. 34.] ##### 34H. Deferring jury duty for summoned people or excusing them for good reason (1) A judge or summoning officer cannot excuse a person under this section except on an application made by the person under section 34F. (2) For the purposes of this section a person who is summoned has a good reason to be excused from the summons if, because of any of the following — (a) the nature of the person’s business or occupation; (b) a special or pressing commitment that the person has; (c) mental impairment affecting the person; (d) a physical disability that the person has; (e) the person’s state of physical health; (f) other circumstances personal to the person, attendance in accordance with the summons would cause undue hardship or serious inconvenience to the person, the person’s family or the general public. (3) If a judge or the summoning officer is satisfied a person who is summoned has a good reason to be excused from the summons, the judge or officer may — (a) unless the summons was issued as a result of the person having been previously granted a deferral of jury duty, grant the person a deferral of jury duty and excuse the person from the summons; or (b) excuse the person from the summons. (4) A judge or summoning officer must not excuse a person from a summons under subsection (3)(b) unless satisfied — (a) the summons was issued as a result of the person having been previously granted a deferral of jury duty; and (b) either — (i) the reason for the person wanting to be excused from the summons was not reasonably foreseeable when that previous deferral was granted; or (ii) there are exceptional reasons why the person should again be excused under this section from a summons. (5) As soon as practicable after a person who is summoned for one or more criminal trials is granted a deferral of jury duty under this section, the summoning officer must — (a) remove — (i) the person’s name, jurors’ book number and identification number from the panel of jurors or the jury pool, as the case requires; and (ii) the card bearing the person’s identification number from any box being used to select or choose jurors at the trials; and (b) place the person’s name and jurors’ book number on either — (i) a panel of jurors or a jury pool the persons on which are to be summoned to attend on a date within the 6 months after the date on which the person, but for the deferral, should have first attended; or (ii) if no jury is required within that period, the first panel of jurors or jury pool that is selected after that period. (6) As soon as practicable after a person who is summoned for a civil trial is granted a deferral of jury duty under this section, the summoning officer must place the person’s name and jurors’ book number on either — (a) a panel of jurors or a jury pool the persons on which are to be summoned to attend on a date within the 6 months after the date on which the person, but for the deferral, should have first attended; or (b) if no jury is required within that period, the first panel of jurors or jury pool that is selected after that period. (7) In complying with subsection (5)(b) or (6) the summoning officer — (a) must place the person’s name and jurors’ book number on a panel or pool that is required for the jury district in which the person resides, or will reside, when summonses are issued to the persons on the panel or pool; and (b) must do so even if the name is not in the jurors’ book for that jury district. [Section 34H inserted: No. 13 of 2011 s. 34.] ##### 34I. People who are not indifferent, excusing (1) A summoning officer cannot excuse a person under this section except on an application made by the person under section 34F. (2) A judge may excuse a person under this section on his or her own initiative or an application made by the person under section 34F. (3) If a judge or summoning officer is satisfied that a person who is summoned would not be indifferent as between the parties in a trial if he or she were to serve as a juror at the trial, the judge or officer must excuse the person from serving as a juror at that trial. (4) If a person is excused under this section from serving as a juror in a criminal trial, the judge or summoning officer must ensure — (a) the card bearing the person’s identification number is removed from the ballot‑box being used under Part VI to choose jurors at that trial; and (b) the person’s name, jurors’ book number and identification number remains on the panel of jurors or the jury pool, as the case requires, until the persons on the panel or pool are no longer required to attend under this Act. (5) As soon as practicable after a person is excused under this section from serving as a juror in a civil trial, the judge or summoning officer must ensure the ticket bearing the person’s jurors’ book number is dealt with in accordance with section 29(3)(b). [Section 34I inserted: No. 13 of 2011 s. 34.] ##### 34J. People who have done jury duty in previous 5 years, excusing (1) A judge or summoning officer cannot excuse a person under this section except on an application made by the person under section 34F. (2) If a judge or the summoning officer is satisfied — (a) that a person who is summoned has, in accordance with an earlier summons or under section 52 — (i) attended any place in order to serve as a juror; or (ii) served as a juror, in this State in the 5 years prior to the date on which the person is required to first attend under the current summons; and (b) that a sufficient number of other persons who have been summoned is present for the purposes of choosing persons to be jurors, the judge or officer may excuse the person from the summons. (3) As soon as practicable after a person summoned for one or more criminal trials is excused under this section, the judge or summoning officer must ensure — (a) the person’s name, jurors’ book number and identification number are removed from the panel of jurors or the jury pool, as the case requires; and (b) the card bearing the person’s identification number is removed from any box being used to select or choose jurors at the trials. (4) As soon as practicable after a person summoned for a civil trial is excused under this section, the judge or summoning officer must ensure the ticket bearing the person’s jurors’ book number is dealt with in accordance with section 29(3)(b). [Section 34J inserted: No. 13 of 2011 s. 34.] ## Part VI — Proceedings relating to criminal trials [Heading amended: No. 25 of 2003 s. 15.] ##### 35. Summoning officer to return precept and panel, and cards (1) On the day named in a general jury precept for the appearance of the jurors for a criminal trial the summoning officer or his deputy shall in open court deliver the precept with the panel annexed to the proper officer; and give to the proper officer the identification numbers of the jurors written upon separate cards each card being as nearly as may be of equal size, and the proper officer shall then put the cards into a ballot‑box to be used in accordance with the provisions of this Part. (2) In the case of a criminal trial in respect of which a pool precept has been issued, the proper officer shall put the cards furnished under section 32H(3) into a ballot‑box to be used in accordance with the provisions of this Part. [Section 35 amended: No. 44 of 1973 s. 21; No. 6 of 1981 s. 25; No. 25 of 2003 s. 16.] ##### 36. Mode of empanelling jury for a criminal trial (1) On any criminal trial the proper officer shall in open court agitate the ballot‑box sufficiently to intermix the cards in the box, and shall then according to the practice of the court proceed to draw cards one after another out of the box and call aloud the identification number on each card. (2) Where a person whose identification number is called is present he or she shall indicate his or her presence. (3) The proper officer shall continue in accordance with subsection (1) until, after excluding those who are challenged or excused, the number of jurors that are needed under section 18 for the trial have been duly sworn. [(4) deleted] (5) The cards relating to persons who have been sworn as jurors for a criminal trial shall be kept apart until the jury has given its verdict and the verdict has been recorded or until the jury is discharged at which time the cards shall be dealt with in the manner set out in subsection (6). (6) After the jurors for a trial are sworn, the card relating to a person who was summoned but not sworn shall forthwith be returned — (a) where that person was summoned pursuant to a general jury precept, to the box from which it was drawn; or (b) where that person was summoned to attend at a jury pool, to the jury pool supervisor for return to the box referred to in section 32F(2), unless that person has been, or is entitled to be, discharged from further attendance as a juror under section 42 or has otherwise been excused from further attendance. (7) Subject to sections 32I(1) and 42, a person whose card has been returned to a box under subsection (6) shall be liable to serve as a juror for so long as the trial of any indictment remains to be commenced. [Section 36 amended: No. 44 of 1973 s. 22; No. 6 of 1981 s. 26; No. 12 of 2000 s. 8; No. 25 of 2003 s. 17.] ##### 36A. Juror to be referred to by identification number In proceedings at a criminal trial — (a) a person who has been summoned as a juror or appointed under section 52(1) is to be addressed or referred to only by his or her identification number; and (b) a juror is not to be required to state his or her name and address. [Section 36A inserted: No. 25 of 2003 s. 18.] ##### 37. Proceeding with another criminal trial when jury has retired Where a jury has retired to consider its verdict in a criminal trial, the court may before the jury which has retired has brought in its verdict or been discharged, proceed with any other criminal trial with a new jury drawn in manner prescribed by section 36, from the residue of the jurors other than the members of the jury which has retired, and other than jurors who have served for the limit of time prescribed by section 42. [**38.** Deleted: No. 84 of 2004 s. 48.] ##### 39. Accused persons severing in their challenges Where several persons charged with the same offence are put on trial together and do not consent to join in their challenges, the proper officer of the court shall draw out of the ballot‑box a sufficient number of cards to permit each of the several persons, or each combination of those persons who consent to challenge jointly to exercise the right of peremptory challenge to the appropriate number prescribed by section 104(4) of the *Criminal Procedure Act 2004*. [Section 39 amended: No. 2 of 2008 s. 64(2).] ##### 40. Incorporation of certain provisions of *Criminal Procedure Act 2004* The law in the case of criminal trials respecting notice to an accused person of his right of challenge, and challenge to the array and to individual jurors for cause, and the ascertainment of facts as to challenge, and the swearing of the jury and informing them of the charge, and the discharge of a juror and the separation and confinement of the jury, and view by the jury, and special and general verdicts, and the discharge of the jury, is that which is set forth in the *Criminal Procedure Act 2004*. [Section 40 amended: No. 84 of 2004 s. 51.] ##### 41. Jury’s entitlements when together At any time when a jury in a criminal trial is required to be together during any adjournment of the trial, it is to be kept in a private place and provided with such accommodation, food and drink as the judge may order. [Section 41 inserted: No. 84 of 2004 s. 49; amended: No. 2 of 2008 s. 64(3).] ##### 42. Limit of attendance of jurors A juror is not liable and shall not be required to attend for more than 5 days at the same sittings of the Supreme Court, a circuit court, or the District Court except for the purpose of finishing a part heard case. [Section 42 inserted: No. 44 of 1973 s. 24.] ##### 43. Informalities in summoning jurors not to be cause for challenge (1) An omission, error, irregularity, or informality, in the time or mode of service of a jury summons, or in the summoning or return of a juror by a wrong name where there is no question as to his or her identity, or in or with respect to any precept, ticket, panel or list, or any jurors’ list or book or the preparation thereof, or in the allocation of an identification number, is not cause of challenge either to the array or to any juror, and does not invalidate or affect any verdict in any trial, whether civil or criminal. (2) A matter which may have been objected to by way of challenge to the polls, or to the array, as the case may be, but which was not objected to by way of challenge, does not invalidate or affect any verdict in any trial, whether civil or criminal. [Section 43 amended: No. 25 of 2003 s. 19.] ##### 43A. Protection of security of jurors (1) If a judge of a court in which a trial is to be held or is being held considers that it is necessary to protect the security of persons summoned or sworn as a juror or appointed under section 52(1), the judge may at a pre‑trial hearing or at the trial, by order, do any one or more of the following — (a) prohibit, restrict or impose conditions on the inspection by the parties to a criminal trial or their respective solicitors of the copy of a panel or pool of jurors that would otherwise be allowed under section 30; (b) prohibit, restrict or impose conditions on the provision to the parties to a criminal trial or their respective solicitors of a copy of a panel or pool of jurors; (c) direct the summoning officer to delete the names of persons and details of their address, other than the suburb or town, on any copy of the panel or pool before an inspection of the copy is allowed under section 30; (d) direct that the summoning officer should keep a copy of the panel or pool of jurors in his or her office under section 30 for a specified period less than the 4 clear days prescribed in that section; (e) if an order is made under paragraph (a) prohibiting the inspection of a copy of a panel or pool of jurors under section 30, direct that the parties to a trial or their respective solicitors may for the purpose of selecting the jury have access to a copy of the panel or the list referred to in section 32H(2) in open court for a period commencing immediately before the procedure described in section 36(1) begins and ending when the jurors have been sworn; (f) give such other directions as the court considers necessary. (2) If an order is made under subsection (1) that is directed to or affects the summoning officer in the exercise of his or her duties as a summoning officer, the court shall give a copy of the order to the summoning officer. [Section 43A inserted: No. 25 of 2003 s. 20.] ## Part VII — Proceedings at civil trials ##### 44. Payments for juries in civil trials (1) If trial by jury is ordered in a civil trial, the party that applied for the order must pay the summoning officer, before the time or times prescribed — (a) the prescribed amount for summoning the jurors; and (b) the prescribed amount for an officer of the court to attend on the jury for the first day of the trial; and (c) a deposit of such amount as the summoning officer estimates and advises the party will be needed to meet the payments that will have to be made under section 58B for the first day of the trial. (2) If an amount is not paid as required by subsection (1), the trial shall proceed as if a trial by jury had not been ordered, notwithstanding any other Act. (3) The party referred to in subsection (1) must also pay the summoning officer for each day of the trial after the first day, before the time or times prescribed — (a) the prescribed amount for an officer of the court to attend on the jury for the day; and (b) a deposit of such amount as the summoning officer estimates and advises the party will be needed to meet the payments that will have to be made under section 58B for the day. (4) If an amount is not paid for a day as required by subsection (3), the court may, unless the amount is paid by another party, discharge the jury and finish the trial and decide the case without a jury, notwithstanding that the trial commenced with a jury, and notwithstanding any other Act. [Section 44 inserted: No. 5 of 2008 s. 66.] ##### 45. Challenge to the array (1) In a civil trial if a party desires to challenge the array, he must do so before any juror is sworn for the trial. (2) A party in a civil trial has no right of challenge other than that which is provided under section 29, or under subsection (1). ##### 46. Discharge of juror In a civil trial, if after a juror has been sworn it appears to the court that he is not indifferent as between the parties, or that for any other good cause he ought not to be allowed or required to act as a juror on the trial, the court may without discharging the whole of the jury, discharge that particular juror, and the trial shall proceed with the remaining jurors, being not less than 4 in number, and their verdict shall be taken as the verdict of a full jury and shall be a sufficient verdict. ##### 47. Jurors may be allowed heating and refreshment Jurors in a civil case after having been sworn may in the discretion of the judge be allowed, at any time before giving their verdict and when out of court, the use of a fire or heating appliance and reasonable refreshment. ##### 48. Incapacity or non‑attendance of juror In the event of death or illness of any juror during any civil trial, or if for any reason fewer than 6 of the jurors summoned attend at the commencement of the trial the judge may, if he thinks fit, direct that the trial shall proceed with a number of the jurors reduced in no case to less than 4, and any verdict given by, or answer to any question given by, or assessment of any damages made by, the reduced number of jurors shall be taken as the verdict, answer, or assessment of a full jury and shall be a sufficient verdict. ##### 49. Majority decision to be accepted after 3 hours Where the jury upon any civil trial has remained for at least 3 hours in deliberation and all of the jurors are unable to agree as to the verdict to be given or the answer to be given to any question submitted to them by the court or judge, or as to the amount of damages to be assessed, the decision of 5 of them if the jury consists of 6 jurors at the time when the decision is made; or the decision of 4 of them if the jury consists of 5 jurors or of 4 jurors at the time when the decision is made; as to the verdict, answer, or assessment, shall be taken and entered as the verdict, answer, or assessment, of the whole of the jury. ##### 50. New trial on disagreement (1) Where a jury in a civil trial has remained in deliberation for such period as the judge thinks reasonable, being not less than 4 hours, and 5 of the jurors of a jury of 6, or 4 of a jury of 5 or of 4, do not agree in any such verdict, answer, or assessment, as is referred to in section 49, the judge may discharge the jury. (2) The case may then without any new process for that purpose be again set down for trial or assessment as the case may be, either at the same or any subsequent sittings as the court or judge orders and is hereby empowered to order. (3) The costs of any trial of a case or of any issue in respect of which a jury is discharged without returning a verdict, answer, or assessment, shall follow the order made as to costs on the final determination of the case or issue. ## Part VIII — View, tales ##### 51. View by jury on a civil trial (1) The Supreme Court or a judge thereof or the District Court or a judge thereof, as the case may be, may, on the application of a party to any civil trial, grant an order, before or at the trial, that any 2 or more of the jury shall at the expense in all things in the first instance of the party applying, have a view of any place or property in question; but the expenses of the view and of such order shall be costs in the cause. (2) The viewers shall be nominated by the parties or their respective solicitors, or in case they cannot agree, by the summoning officer and shall be shown the place by a person or by 2 persons so nominated for the purpose. (3) If the order is made before the trial the names of the viewers shall be returned by the summoning officer, and they shall be the first in the panel who shall be called and sworn as jurors to try the issue, and shall not be challenged except for cause shown. [Section 51 amended: No. 44 of 1973 s. 25.] ##### 52. Party in criminal trial may pray a tales (1) If when a criminal trial is called on, a sufficient number of jurors summoned to attend the court are not present, or where because of challenges of jurors the case is likely to remain untried for want of sufficient jurors, the prosecution or any other party may pray a tales and the court, or judge, may command the summoning officer forthwith to appoint as many of the bystanders or as many persons as can be found, being in either case persons who are liable, eligible and qualified to serve as jurors for the jury district in which the trial is taking place, as are sufficient to make up the full number of jurors required by this Act for the trial. (2) The summoning officer shall ensure that each person appointed under subsection (1) is allocated a unique identification number and is given the number on a card before attending the court. (3) The judge shall cause the names and identification numbers of the persons appointed under subsection (1) to be — (a) included in the jury panel; or (b) added to the list annexed to the pool precept, and those persons shall be taken to have been called upon the jury precept or selected pursuant to the pool precept and shall be subject to challenge for cause and to any remaining right of challenge peremptorily. (4) Part VC Division 2 applies to and in respect of a person appointed under subsection (1) as if the person had been summoned under Part VA or VB and as if the appointment were a summons. [Section 52 amended: No. 44 of 1973 s. 26; No. 25 of 2003 s. 21; No. 65 of 2003 s. 127(3); No. 13 of 2011 s. 35.] ## Part IX — Offences, fines, penalties ##### 53. Neglect by officials to perform duties If the sheriff or any summoning officer or jury pool supervisor, or the Electoral Commissioner, or any jury officer, or police officer, does not well and faithfully carry out any duty imposed upon him by this Act, the Supreme Court or a judge thereof may, unless a sufficient cause for the omission is shown, impose on him a fine not exceeding $100. [Section 53 amended: No. 113 of 1965 s. 8(1); No. 44 of 1973 s. 27; No. 6 of 1981 s. 27.] ##### 54. Offences by sheriff and others The Supreme Court or a judge thereof may summarily inflict such fine as the court or judge deems fit upon the sheriff or other summoning officer, or any jury officer, clerk, police or other officer, who without lawful justification or excuse — (a) includes or omits from any jurors’ list or jurors’ book any name or names which should or should not, as the case may be, appear therein, or causes any misdescription in a jurors’ list or jurors’ book; or (b) causes any alteration, omission, insertion, or misdescription in a jurors’ list, jurors’ book, jury summons, panel, card, or ticket; or (c) subtracts, destroys, or permits any person to have access to, any jurors’ list, jurors’ book, jury summons, panel, card or ticket; or (d) directly or indirectly, takes or receives any money or reward, or any promise of or contract for money or reward, for excusing, or under the pretence of excusing, any person from being summoned to serve, or from serving as a juror; or (e) fails to do or to permit the doing of any act, matter or thing in the manner or at or within the time prescribed; or (f) wilfully records the appearance of any person summoned and returned to serve as a juror, who did not really appear. [Section 54 amended: No. 44 of 1973 s. 28.] ##### 55. Offences by jurors and others (1) A person who, without a reasonable excuse, does not obey a summons that has been served on the person under this Act commits an offence. (2) A person who, without a reasonable excuse, does not obey a direction given under section 32H(4) commits an offence. (3) A talesman who, being present and having been called, without a reasonable excuse, does not appear or wilfully withdraws himself or herself from the presence of the court commits an offence. (4) A person who personates or attempts to personate a person whose name is on a jury panel or a jury pool for the purpose of sitting as a juror commits an offence. Penalty: a fine of $5 000. [Section 55 inserted: No. 13 of 2011 s. 42.] ##### 56. Prejudicial actions against employees who do jury service (1) In this section — employee includes a person employed under a contract for services; employer includes a person acting on behalf of an employer. (2) For the purposes of this section, an employer acts prejudicially against an employee if the employer does any of the following — (a) terminates the employee’s employment; (b) ceases remunerating the employee; (c) reduces the employee’s remuneration; (d) otherwise acts so as to prejudice the employee in relation to his or her employment with the employer; (e) threatens to take an action described in any of paragraphs (a) to (d). (3) For the purposes of this section, an employer who employs an employee under a contract acts prejudicially against the employee because the employee has done or is doing jury service if the employer — (a) does not pay the employee under the contract the earnings that the employee could reasonably expect to have been paid while doing the jury service, despite any breach of the contract caused by doing the jury service; or (b) threatens to do so. (4) For the purposes of this section, a person does jury service if he or she, having been required under this Act to do so, attends at any place in order to serve, or does serve, as a juror. (5) An employer must not act prejudicially against an employee because the employee — (a) is subject to a summons issued under Part VA or VB; or (b) has done or is doing jury service. Penalty: (a) for an individual, a fine of $10 000; (b) for a body corporate, a fine of $50 000. (6) If, in proceedings on a charge of an offence under subsection (5), all the facts constituting the offence other than the reason for the accused’s act are proved, the accused has the onus of proving the accused’s act was not actuated because the employee was subject to a summons issued under Part VA or VB or had done or was doing jury service. (7) A court that convicts a person of an offence under subsection (5) — (a) may order the person to pay the employee a sum, set by the court, by way of compensation for any prejudice (including lost remuneration) suffered by the employee; and (b) if the offence involved the person terminating an employee’s employment, may also — (i) order the person to re‑employ the employee, either in his or her old position or in a similar position; or (ii) if it is not practicable to make that order, order the person to pay the employee compensation for loss or injury caused by the termination; and (c) if the person does not obey an order made under paragraph (b)(i), may order the person to pay the employee compensation for loss or injury caused by the termination. (8) If under subsection (7) the court orders compensation to be paid, the amount must be set by the court but must not exceed the employee’s remuneration in the 12 months immediately before the date of the offence. (9) An order made under subsection (7) may be enforced under the *Civil Judgments Enforcement Act 2004* as if it were a judgment given in the exercise of the court’s civil jurisdiction. (10) This section does not prevent proceedings against, or the punishment of, a person for contempt of court but, if a person’s act constitutes both an offence under this section and a contempt of court, the person cannot be punished for both. [Section 56 inserted: No. 13 of 2011 s. 42.] ## Part IXA — Jury confidentiality [Heading inserted: No. 12 of 2000 s. 10.] ##### 56A. Terms used (1) In this Part — prosecuting officer means — (a) the Director of Public Prosecutions or the Deputy Director of Public Prosecutions appointed under the *Director of Public Prosecutions Act 1991*; or (b) a member of the staff referred to in section 30 of the *Director of Public Prosecutions Act 1991* who is a legal practitioner; or (c) the Director of Public Prosecutions or the Associate Director of Public Prosecutions appointed under the *Director of Public Prosecutions Act 1983* (Commonwealth); or (d) a member of the staff referred to in section 27(1) of the *Director of Public Prosecutions Act 1983* (Commonwealth) who is a legal practitioner as defined in that Act; or (e) a person employed under section 27(3) of the *Director of Public Prosecutions Act 1983* (Commonwealth) who is a legal practitioner as defined in that Act; protected information means — (a) statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court; or (b) information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings; publish, in relation to protected information, means communicate or disseminate the information in such a way or to such an extent that it is available to, or likely to come to the notice of, the public or a section of the public. (2) This Part applies in relation to juries in trials or coronial proceedings in a court of the State or another State, the Commonwealth or a territory of the Commonwealth whether begun before or after the commencement of the *Juries Amendment Act 2000* and to juries in inquests held under the *Coroners Act 1920* before its repeal by section 60 of the *Coroners Act 1996*. [Section 56A inserted: No. 12 of 2000 s. 10; amended: No. 65 of 2003 s. 42(2); No. 21 of 2008 s. 669(2); No. 9 of 2022 s. 364.] ##### 56B. Protected information not to be disclosed (1) A person who discloses protected information commits an offence if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published. (2) Subsection (1) does not prohibit disclosing protected information — (a) to a court; or (b) to a board or commission appointed by the Governor; or (ba) to the Corruption and Crime Commission established under the *Corruption, Crime and Misconduct Act 2003*; or (bb) to the Parliamentary Inspector of the Corruption and Crime Commission appointed under the *Corruption, Crime and Misconduct Act 2003*; or [(c) deleted] (d) to the Parliamentary Commissioner for Administrative Investigations or the Deputy Parliamentary Commissioner for Administrative Investigations appointed under section 5 of the *Parliamentary Commissioner Act 1971*; or (e) to a prosecuting officer or a police officer for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror’s identity; or (f) as part of a fair and accurate report of an investigation referred to in paragraph (e); or (g) to a person in accordance with an authorisation granted by the Minister to conduct research into matters relating to juries or jury service; or (h) to a legal practitioner for the purpose of obtaining advice in relation to a matter referred to in paragraph (a), (b), (c), (d) or (e). [Section 56B inserted: No. 12 of 2000 s. 10; amended: No. 48 of 2003 s. 62; No. 50 of 2003 s. 73(2); No. 65 of 2003 s. 42(2); No. 78 of 2003 s. 74(2); No. 21 of 2008 s. 669(3); No. 35 of 2014 s. 39; No. 9 of 2022 s. 365.] ##### 56C. Protected information not to be solicited or obtained (1) A person who solicits or obtains protected information with the intention of publishing or facilitating the publication of that information commits an offence. (2) Subsection (1) does not prohibit soliciting or obtaining protected information — (a) in the course of proceedings in a court; or (b) by a board or commission appointed by the Governor; or (ba) by the Corruption and Crime Commission established under the *Corruption, Crime and Misconduct Act 2003*; or (bb) by the Parliamentary Inspector of the Corruption and Crime Commission appointed under the *Corruption, Crime and Misconduct Act 2003*; or [(c) deleted] (d) by the Parliamentary Commissioner for Administrative Investigations or the Deputy Parliamentary Commissioner for Administrative Investigations appointed under section 5 of the *Parliamentary Commissioner Act 1971*; or (e) by a prosecuting officer or a police officer for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror’s identity; or (f) by a person in accordance with an authorisation granted by the Minister to conduct research into matters relating to juries or jury service; or (g) by a legal practitioner for the purpose of giving advice in relation to a matter referred to in paragraph (a), (b), (c), (d) or (e). [Section 56C inserted: No. 12 of 2000 s. 10; amended: No. 48 of 2003 s. 62; No. 50 of 2003 s. 73(2); No. 65 of 2003 s. 42(2); No. 78 of 2003 s. 74(2); No. 21 of 2008 s. 669(4); No. 35 of 2014 s. 39; No. 6 of 2017 s. 11(2); No. 9 of 2022 s. 366.] ##### 56D. Protected information not to be published (1) A person who publishes protected information commits an offence. (2) Subsection (1) does not prohibit publishing protected information — (a) in accordance with an authorisation granted by the Minister to conduct research into matters relating to juries or jury service; or (b) as a part of a fair and accurate report of — (i) proceedings in respect of an alleged contempt of court, an alleged offence against this Part or an alleged offence otherwise relating to jury deliberations or a juror’s identity; or (ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or (iii) if the protected information relates to jury deliberations, proceedings by way of appeal from the trial in the course of which the deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal; or (c) about a prosecution for an alleged offence against section 56B, 56C or this section if, before the prosecution was instituted, that information had been published generally to the public. [Section 56D inserted: No. 12 of 2000 s. 10; amended: No. 50 of 2003 s. 73(2).] ##### 56E. Lawful disclosure of protected information Sections 56B, 56C and 56D do not prohibit a person — (a) during the course of a trial, disclosing, soliciting or obtaining, or publishing, with the leave of the court or otherwise with lawful excuse, information that identifies, or is likely to identify, the person or another person as, or as having been, a juror in the trial; or (b) after the trial has been completed, disclosing, soliciting or obtaining, or publishing — (i) information that identifies, or is likely to identify, the person as having been a juror in the trial; or (ii) information that identifies, or is likely to identify, another person as having been a juror in the trial if the other person has consented to the publication or disclosure of that information. [Section 56E inserted: No. 12 of 2000 s. 10.] ##### 57. Jurors not to be photographed (1) A person who takes or causes to be taken or publishes or causes to be published any photograph or likeness or other pictorial representation of any person summoned to attend or empanelled as a juror for any trial whether civil or criminal commits a contempt of the Supreme Court and is punishable accordingly by that court. (3) Without affecting any other liability of any person under this section or otherwise, a company or other body corporate is liable to any punishment or penalty for any offence under this section as if it were a private person so far as the punishment or penalty is enforceable against a company or body corporate; and if any director, manager, secretary, or officer, of a company or any member of the managing body of a body corporate commits, or knowingly authorises or permits, an offence under this section he also is liable to the punishment or penalty for the offence. (4) Nothing in this section applies to the publication of information with regard to any proceedings under this section whether for contempt of court or for a punishment or penalty. [Section 57 amended: No. 30 of 1961 s. 3; No. 34 of 1976 s. 3.] ## Part X — Miscellaneous ##### 57A. Grand Juries not to be summoned A Grand Jury is not to be summoned for the Supreme Court, a circuit court or the District Court. [Section 57A inserted: No. 84 of 2004 s. 50.] ##### 58. Application of English procedure where no special provision On a trial by jury, when no other mode of proceeding is specially provided, the jurors and jury, and every trial by them shall, as far as may be practicable, be subject to the same rules and manner of proceeding as would be observed in the High Court of Justice in England on a like trial. ##### 58A. Public not to be present when certain procedures are being followed No person other than a summoning officer, a person assisting a summoning officer in the execution of his or her duties under this Act or a person who is present under section 26(2) is entitled to be or shall be present — (a) when the procedures prescribed under section 26, 29A, 32, 32C, 32D, 32FA or 32H are being followed; or (b) at the calling of the roll of persons summoned to form a jury panel or a jury pool. [Section 58A inserted: No. 25 of 2003 s. 22.] ##### 58B. Jury service, payments for (1) For the purposes of this section a person does jury service if he or she, having been required under this Act to do so, attends at any place in order to serve, or does serve, as a juror. (2) A person who does jury service is entitled to be paid by the State the allowances and expenses prescribed by the regulations in respect of doing the jury service. (3) If an employer — (a) employs a person on a contract of service (the employee); and (b) for any period when the employee does jury service, pays the employee the earnings that the employee could reasonably expect to have been paid in that period under the contract, the employer is entitled to be paid by the State the fees in accordance with the regulations for the employee’s service, unless the employer is in a class of employer prescribed by the regulations. (4) If an employee described in subsection (3) is not paid in accordance with that subsection, the employee is entitled to be paid by the State the fees in accordance with the regulations for the jury service, unless he or she is in a class of person prescribed by the regulations. (5) A person who does jury service but who is not an employee described in subsection (3) is entitled to be paid by the State the fees in accordance with the regulations for the jury service, unless the person is in a class of person prescribed by the regulations. [(6) deleted] (7) A claim to the State for a payment under this section must be made and determined under the regulations. (8) Any amount paid under this section by the State to or in respect of a juror for a trial in criminal proceedings is to be charged to the Consolidated Account. [Section 58B inserted: No. 5 of 2008 s. 67; amended: No. 13 of 2011 s. 43.] ##### 59. Enforcement of fines (1) A fine imposed under this Act for an act or omission that does not constitute an offence is to be paid, and its payment may be enforced, under Part 4 of the *Fines, Penalties and Infringement Notices Enforcement Act 1994* as if the fine were a fine imposed for an offence. (3) A fine imposed under this Act is to be credited to the Consolidated Account. [Section 59 inserted: No. 78 of 1995 s. 57; amended: No. 77 of 2006 s. 4; No. 13 of 2011 s. 44.] ##### 60. Operation of Coroners Act Nothing contained in this Act alters or affects the Coroners Act, or any of the laws in operation in the State relating to coroners’ inquests. ##### 61. Rules of court The powers to make, alter, and annul rules conferred by Part X of the *Supreme Court Act 1935*, include power to make such rules, and prescribe such forms, as are considered necessary or convenient for the purpose of carrying into effect the provisions of this Act. ##### 62. Regulations (1) The Governor may make regulations prescribing all matters that are required or permitted to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of Part VB. (2) Regulations may be made under subsection (1) — (a) so as to apply throughout the State or to a specified jury district or districts; (b) so as to confer on a specified person or a specified class of persons a discretionary authority. (3) The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for the purposes of section 58B including regulations — (a) that confer a discretionary authority; (b) that require information in support of a claim to the State for a payment to be verified by a statutory declaration. (4) The Governor may make regulations that are necessary or convenient to be prescribed relating to identification numbers including — (a) the allocation of identification numbers; and (b) the manner in which a person is to be informed of his or her identification number; and (c) the recording of identification numbers on the list referred to in section 32F(1)(a) or on the card referred to in section 32F(1)(b) or 52(2). [Section 62 amended: No. 6 of 1981 s. 30; No. 2 of 1996 s. 61; No. 25 of 2003 s. 23; No. 5 of 2008 s. 68.] Schedule 1 — Classes of persons not eligible to be jurors [s. 5(3)(ba) and (bb)] Division 1 — Civil and criminal trials 1. Vice‑regal and parliamentary officers (a) the Governor or the Lieutenant‑Governor or an Administrator administering the government of the State or a deputy of the Governor; (b) a member of the Parliament of Western Australia; (c) the Clerk of the Legislative Council, Clerk of the Legislative Assembly, Deputy Clerk of the Legislative Council, Deputy Clerk of the Legislative Assembly, Clerk Assistant, Usher of the Black Rod or Sergeant‑at‑Arms of the Parliament of Western Australia. [Clause 1 inserted: No. 13 of 2011 s. 36.] 2. Judicial and court officers (1) A person who is any of the following — (a) a judge, auxiliary judge, commissioner, master or registrar of the Supreme Court or an associate to any such officer; (b) a judge, auxiliary judge or registrar of the District Court or an associate to any such officer; (c) a judge of the Family Court of Western Australia; (d) a magistrate, registrar or judicial support officer of the Magistrates Court; (e) a judge, magistrate, registrar or judicial support officer of the Children’s Court or an associate to a judge of the Court; (f) the State Coroner or Deputy State Coroner or a coroner, appointed under the *Coroners Act 1996*; (g) a commissioner of the Western Australian Industrial Relations Commission, appointed under the *Industrial Relations Act 1979*; (h) the sheriff; (i) a summoning officer. (2) A person who holds an appointment to act in an office listed in subclause (1). [Clause 2 inserted: No. 13 of 2011 s. 36; amended: No. 39 of 2018 s. 69.] 3. Legal practitioners A person who is a legal practitioner. [Clause 3 inserted: No. 9 of 2022 s. 367.] Division 2 — Criminal trials 4. Certain public officers (a) an authorised officer, as defined in the *Corruption, Crime and Misconduct Act 2003* section 184(1); (b) the Parliamentary Inspector of the Corruption and Crime Commission, or an acting Parliamentary Inspector of the Corruption and Crime Commission, appointed under the *Corruption, Crime and Misconduct Act 2003*; (c) an officer of the Parliamentary Inspector, as defined in the *Corruption, Crime and Misconduct Act 2003* section 3(1). [Clause 4 inserted: No. 13 of 2011 s. 36; amended: No. 35 of 2014 s. 39.] 5. Officers in the WA Police (a) the Commissioner of Police appointed under the *Police Act 1892*; (b) a person appointed under the *Police Act 1892* Part I to be a member of the Police Force of Western Australia; (c) a special constable appointed under the *Police Act 1892* Part III; (d) an Aboriginal police liaison officer appointed under the *Police Act 1892* Part IIIA; (e) a police auxiliary officer appointed under the *Police Act 1892* Part IIIB; (f) a police cadet employed by the Commissioner of Police. [Clause 5 inserted: No. 13 of 2011 s. 36.] Schedule 2 — Matters to be disclosed by a person appearing in answer to a summons to be a juror [s. 32FA, 33A and 34B] 1. That the person has reached 75 years of age. 2. If the person is summoned for a civil trial, that the person is in a class of person listed in Schedule 1 Division 1. 3. If the person is summoned for a criminal trial, that the person is in a class of person listed in Schedule 1. 4. That the person has a criminal record that means he or she is not qualified to serve as a juror under section 5(3)(b). 5. That the person is a person referred to in section 5(3)(c). 6. That the person is a person referred to in section 5(3)(d). 7. That the person is a person who, under the *Jury Exemption Act 1965* (Commonwealth), shall not be summoned to serve as a juror in this State. 8. That the person has a physical disability or mental impairment that may mean he or she is not capable of serving effectively as a juror. 9. That the person’s ability to understand spoken or written English, or to speak English, may mean he or she is not capable of serving effectively as a juror. 10. Any reason why the person may not be indifferent between the parties in a trial at which the person may be liable to serve as a juror. [Schedule 2 inserted: No. 13 of 2011 s. 36.] [Third and Fourth Schedules deleted: No. 13 of 2011 s. 36.] ![dline]() Notes This is a compilation of the *Juries Act 1957* and includes amendments made by other written laws 2. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Juries Act 1957* | 50 of 1957 (6 Eliz. II No. 50) | 9 Dec 1957 | 1 Jul 1960 (see s. 1(2) and *Gazette* 6 Mar 1959 p. 539) | | *Juries Act Amendment Act 1959* | 35 of 1959 (8 Eliz. II No. 35) | 30 Oct 1959 | 30 Oct 1959 | | *Juries Act Amendment Act 1961* | 30 of 1961 (10 Eliz. II No. 30) | 11 Jun 1962 | 11 Jun 1962 | | *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1)); s. 4‑9: 14 Feb 1966 (see s. 2(2)) | | *Age of Majority Act 1972* s. 6(2) | 46 of 1972 | 18 Sep 1972 | 1 Nov 1972 (see s. 2 and *Gazette* 13 Oct 1972 p. 4069) | | *Juries Act Amendment Act 1973* | 44 of 1973 | 18 Oct 1973 | 1 Jan 1974 (see s. 2 and *Gazette* 14 Dec 1973 p. 4528) | | **Reprint of the *Juries Act 1957* approved 26 Apr 1974** (includes amendments listed above) | | | | | *Juries Act Amendment Act 1975* | 64 of 1975 | 24 Oct 1975 | Act other than s. 3 and 4: 24 Oct 1975 (see s. 2(1)); s. 3 and 4: 1 Jan 1976 (see s. 2(2) and *Gazette* 7 Nov 1975 p. 4123) | | *Juries Act Amendment Act 1976* | 34 of 1976 | 9 Jun 1976 | 3 Sep 1976 (see s. 2 and *Gazette* 3 Sep 1976 p. 3271) | | *Juries Amendment Act 1981* | 6 of 1981 | 18 May 1981 | s. 4(a) and (b), and only that part of s. 22 which repeals and substitutes s. 33: 1 Jul 1981 (see s. 2 and *Gazette* 26 Jun 1981 p. 2285); s. 7(a)‑(g) and (i), and 8: 30 Oct 1981 (see s. 2 and *Gazette* 30 Oct 1981 p. 4467); | | | | | Act other than s. 4(a) and (b), 6‑8, 17 and 22: 12 Mar 1982 (see s. 2 and *Gazette* 12 Mar 1982 p. 801); s. 6, 7(h) and (j), 17 and that part of s. 22 which inserts s. 33A: 1 Jul 1982 (see s. 2 and *Gazette* 12 Mar 1982 p. 801) | | *Acts Amendment (Abolition of Capital Punishment) Act 1984* Pt. IV | 52 of 1984 | 5 Sep 1984 | 3 Oct 1984 | | *Juries Amendment Act 1984* | 59 of 1984 | 24 Oct 1984 | s. 1 and 2: 24 Oct 1984; Act other than s. 1 and 2: 1 Jul 1985 (see s. 2 and *Gazette* 14 Dec 1984 p. 4115) | | **Reprint of the *Juries Act 1957* as at 2 Dec 1987** (includes amendments listed above) | | | | | *Juries Amendment Act 1988* | 13 of 1988 | 6 Sep 1988 | 4 Oct 1988 | | *Acts Amendment (Spent Convictions) Act 1988* Pt. 3 | 56 of 1988 | 8 Dec 1988 | 1 Jul 1992 (see s. 2 and *Gazette* 26 Jun 1992 p. 2644) | | *Acts Amendment (Jurisdiction and Criminal Procedure) Act 1992* s. 9(4) | 53 of 1992 | 9 Dec 1992 | 1 Mar 1993 (see s. 2(1) and *Gazette* 26 Jan 1993 p. 823) | | *Juries Amendment Act 1992* | 47 of 1992 | 10 Dec 1992 | 10 Dec 1992 (see s. 2) | | *Acts Amendment (Ministry of Justice) Act 1993* Pt. 11 3 | 31 of 1993 | 15 Dec 1993 | 1 Jul 1993 (see s. 2) | | *Statutes (Repeals and Minor Amendments) Act 1994* s. 4 | 73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) | | *Young Offenders Act 1994* s. 236 | 104 of 1994 | 11 Jan 1995 | 13 Mar 1995 (see s. 2 and *Gazette* 10 Mar 1995 p. 895) | | *Sentencing (Consequential Provisions) Act 1995* Pt. 42 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) | | *Coroners Act 1996* s. 61 | 2 of 1996 | 24 May 1996 | 7 Apr 1997 (see s. 2 and *Gazette* 18 Mar 1997 p. 1529) | | *Acts Amendment (Auxiliary Judges) Act 1997* Pt. 6 | 23 of 1997 | 18 Sep 1997 | 18 Sep 1997 (see s. 2) | | *Juries Amendment Act 1997* | 34 of 1997 | 31 Oct 1997 | s. 1 and 2: 31 Oct 1997; Act other than s. 1 and 2: 5 Dec 1997 (see s. 2 and *Gazette* 5 Dec 1997 p. 7161) | | *Osteopaths Act 1997* s. 97 | 58 of 1997 | 15 Dec 1997 | 22 Dec 1999 (see s. 2 and *Gazette* 21 Dec 1999 p. 6393) | | *Juries Amendment Act 2000* | 12 of 2000 | 27 May 2000 | Act other than s. 10: 27 May 2000 (see s. 2(1)); s. 10: 2 Oct 2000 (see s. 2(2) and *Gazette* 26 Sep 2000 p. 5515) | | **Reprint of the *Juries Act 1957* as at 3 Jul 2000** (includes amendments listed above other than those in the *Juries Amendment Act 2000* s. 10) | | | | | *Juries Amendment Act 2003* 4 | 25 of 2003 | 16 May 2003 | s. 1 and 2: 16 May 2003; Act other than s. 1 and 2: 18 Jun 2003 (see s. 2 and *Gazette* 17 Jun 2003 p. 2201) | | *Corruption and Crime Commission Act 2003* s. 62 | 48 of 2003 | 3 Jul 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5723) | | *Sentencing Legislation Amendment and Repeal Act 2003* s. 29(3) and 73 | 50 of 2003 | 9 Jul 2003 | s. 29(3): 31 Aug 2003 (see s. 2 and *Gazette* 29 Aug 2003 p. 3833); s. 73: 15 May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) | | *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 42 and 127 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) | | *Corruption and Crime Commission Amendment and Repeal Act 2003* s. 74(2) | 78 of 2003 | 22 Dec 2003 | 7 Jul 2004 (see s. 2 and *Gazette* 6 Jul 2004 p. 2697) | | *Children and Community Services Act 2004* Sch. 2 cl. 16 | 34 of 2004 | 20 Oct 2004 | 1 Mar 2006 (see s. 2 and *Gazette* 14 Feb 2006 p. 695) | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* Pt. 10 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | *Electoral Amendment and Repeal Act 2005* s. 9 | 1 of 2005 | 20 May 2005 | 20 May 2005 (see s. 2) | | **Reprint 4: The *Juries Act 1957* as at 2 Sep 2005** (includes amendments listed above except those in the *Children and Community Services Act 2004*) | | | | | *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* s. 63 | 24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2 and *Gazette* 23 Dec 2005 p. 6244) | | *Psychologists Act 2005* Sch. 3 cl. 7 | 28 of 2005 | 12 Dec 2005 | 4 May 2007 (see s. 2 and *Gazette* 4 May 2007 p. 1963) | | *Chiropractors Act 2005* Sch. 3 cl. 5 | 31 of 2005 | 12 Dec 2005 | 1 Aug 2007 (see s. 2 and *Gazette* 31 Jul 2007 p. 3789) | | *Physiotherapists Act 2005* Sch. 3 cl. 5 | 32 of 2005 | 12 Dec 2005 | 23 Feb 2007 (see s. 2 and *Gazette* 20 Feb 2007 p. 505) | | *Osteopaths Act 2005* Sch. 3 cl. 5 | 33 of 2005 | 12 Dec 2005 | 30 May 2007 (see s. 2 and *Gazette* 29 May 2007 p. 2486) | | *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 3 Div. 3 (except s. 39(1)) 5 | 28 of 2006 (as amended by No. 47 of 2011 s. 23(3)) | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) | | *Parole and Sentencing Legislation Amendment Act 2006* s. 91 | 41 of 2006 | 22 Sep 2006 | 28 Jan 2007 (see s. 2 and *Gazette* 29 Dec 2006 p. 5867) | | *Nurses and Midwives Act 2006* Sch. 3 cl. 12 | 50 of 2006 | 6 Oct 2006 | 19 Sep 2007 (see s. 2 and *Gazette* 18 Sep 2007 p. 4711) | | *Prisons and Sentencing Legislation Amendment Act 2006* Pt. 9 | 65 of 2006 | 8 Dec 2006 | 4 Apr 2007 (see s. 2 and *Gazette* 3 Apr 2007 p. 1491) | | *Financial Legislation Amendment and Repeal Act 2006* s. 4 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | **Reprint 5: The *Juries Act 1957* as at 8 Jun 2007** (includes amendments listed above except those in the *Chiropractors Act 2005* and the *Nurses and Midwives Act 2006*) | | | | | *Criminal Law and Evidence Amendment Act 2008* s. 64 | 2 of 2008 | 12 Mar 2008 | 27 Apr 2008 (see s. 2 and *Gazette* 24 Apr 2008 p. 1559) | | *Acts Amendment (Justice) Act 2008* Pt. 14 | 5 of 2008 | 31 Mar 2008 | 30 Sep 2008 (see s. 2(d) and *Gazette* 11 Jul 2008 p. 3253) | | *Police Amendment Act 2008* s. 14 and s. 23(4) | 8 of 2008 | 31 Mar 2008 | s. 14: 1 Apr 2008 (see s. 2(1)); s. 23(4): 21 Jun 2008 (see s. 2(2) and *Gazette* 20 Jun 2008 p. 2706) | | *Legal Profession Act 2008* s. 669 | 21 of 2008 | 27 May 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 511) | | *Medical Practitioners Act 2008* Sch. 3 cl. 31 | 22 of 2008 | 27 May 2008 | 1 Dec 2008 (see s. 2 and *Gazette* 25 Nov 2008 p. 4989) | | **Reprint 6: The *Juries Act 1957* as at 5 Jun 2009** (includes amendments listed above) | | | | | *Police Amendment Act 2009* s. 20 | 42 of 2009 | 3 Dec 2009 | 13 Mar 2010 (see s. 2(b) and *Gazette* 12 Mar 2010 p. 941) | | *Statutes (Repeals and Minor Amendments) Act 2009* s. 17 | 46 of 2009 | 3 Dec 2009 | 4 Dec 2009 (see s. 2(b)) | | *Standardisation of Formatting Act 2010* s. 20, 43(3) and 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | *Health Practitioner Regulation National Law (WA) Act 2010* Pt. 5 Div. 30 | 35 of 2010 | 30 Aug 2010 | 18 Oct 2010 (see s. 2(b) and *Gazette* 1 Oct 2010 p. 5075‑6) | | *Juries Legislation Amendment Act 2011* Pt. 2 Div. 2, Pt. 3 Div. 1 and Pt. 4 | 13 of 2011 | 2 May 2011 | Pt. 2 Div. 2, Pt. 3 Div. 1 and Pt. 4 (other than s. 42‑44): 1 Jul 2011 (see s. 2(b) and *Gazette* 30 Jun 2011 p. 2613); s. 42‑44: 28 Oct 2011 (see s. 2(b) and *Gazette* 27 Oct 2011 p. 4551) | | **Reprint 7: *The Juries Act 1957* as at 23 Sep 2011** (includes amendments listed above except those in the *Juries Legislation Amendment Act 2011* s. 42‑44) | | | | | *Road Traffic Legislation Amendment Act 2012* Pt. 4 Div. 26 | 8 of 2012 | 21 May 2012 | 27 Apr 2015 (see s. 2(d) and *Gazette* 17 Apr 2015 p. 1371) | | *Mental Health Legislation Amendment Act 2014* Pt. 4 Div. 4 Subdiv. 15 | 25 of 2014 | 3 Nov 2014 | 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) | | *Corruption and Crime Commission Amendment (Misconduct) Act 2014* s. 39 | 35 of 2014 | 9 Dec 2014 | 1 Jul 2015 (see s. 2(b) and *Gazette* 26 Jun 2015 p. 2235) | | *Statutes (Minor Amendments) Act 2017* s. 11 | 6 of 2017 | 12 Sep 2017 | 13 Sep 2017 (see s. 2(b)) | | *Industrial Relations Amendment Act 2018* s. 69 | 39 of 2018 | 12 Dec 2018 | 19 Dec 2018 (see s. 2(b) and *Gazette* 18 Dec 2018 p. 4835) | | **Reprint 8: The *Juries Act 1957* as at 10 May 2019** (includes amendments listed above) | | | | | *COVID‑19 Response and Economic Recovery Omnibus Act 2020* s. 60 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | | *Legal Profession Uniform Law Application Act 2022* Pt. 17 Div. 11 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | | *Criminal Law (Mental Impairment) Act 2023* Pt. 15 Div. 18 | 10 of 2023 | 13 Apr 2023 | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Evidence Act 2025* Pt. 12 Div. 15 | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) | Other notes 1 *The Criminal Code* s. 282 and 679 have been deleted. 2 The *Sentencing Legislation Amendment and Repeal Act 1999* s. 26 did not come into operation and was repealed by the *Sentencing Legislation Amendment and Repeal Act 2003* s. 31. 3 The *Acts Amendment (Ministry of Justice) Act 1993* Pt. 19 contains savings and transitional provisions that are of no further effect.