Juries Act 1962

Jury composition and function: Criminal offences tried in the Supreme Court with a jury are to be tried by a 12‑person jury selected and returned under the Act (s 6). Civil defamation causes are excluded from jury trials (s 6A). Other civil issues are by default tried by the Court without a jury but a party may apply for a jury or the Court may order a jury if "it appears just" (s 7). Where the Court orders a civil issue tried by jury the final jury consists of four jurors (s 7(4)); the striking procedure for civil trials starts with a larger pool and reduces it to the four who will sit (s 39).

Qualification, disqualification and exemptions: Qualification is statutory and linked to the electoral roll (s 9). Disqualifications include persons who have not completed a sentence of imprisonment (with specific rules for parole, remission and suspension), persons under guardianship orders, persons of unsound mind or receiving mental health treatment, and represented adults (s 10(1), (3)). The Act treats expunged convictions under specified expungement law as if they never occurred for juror eligibility purposes (s 10(2A)). Schedule 7 sets out a wide list of exempt persons (s 11(1)), including many officeholders and professionals such as the Administrator, judicial officers, legal practitioners, certain health practitioners, police and correctional services officers; persons over 70 may permanently exempt themselves by written notice (s 11(2)). Names of exempt persons must not be on the jury list (s 11(3)).

Administrative architecture: The Chief Justice issues precepts requiring the Sheriff to summon jurors (s 24-25). The Sheriff prepares jury lists by 30 November each year for Darwin and Alice Springs, showing address and occupation and numbering names sequentially; lists come into operation from 1 January and remain valid for 12 months (s 21(1), (4)-(5)). When a precept is delivered the Sheriff must select persons to be summoned by random selection by computer in the prescribed manner (s 27). The Sheriff also prepares panels and returns them to the Court when jurors attend (s 32-33).

Selection, challenges and trial procedure: Panels are formed by the Sheriff (s 32). In criminal trials the proper officer calls names one at a time, following written directions of the Chief Justice, until 12 impartial jurors have been found; if the panel is exhausted the Court has options including adjournment, recalling jurors from other courts, issuing further precepts, or, on request, directing the Sheriff to appoint qualified persons present to make up numbers (s 37(1), (2), (2A), (2B)). Reserve jurors of up to three may be directed for criminal trials; they have the same status and may replace jurors who die or become disqualified prior to deliberation (s 37A). In civil jury trials the proper officer selects until 12 persons are approved; the plaintiff and defendant (or their counsel) then strike out names reducing the list until four jurors remain (s 39).

Confidentiality and anonymity: The Act imposes strict prohibitions on disclosing, soliciting or publishing 'protected information' about jury deliberations (s 49A). It defines protected information to include particulars of statements, opinions, arguments and votes in the course of deliberation, excluding what was said or done in open court (s 49A(10)). It also separately prohibits publication or disclosure of information that identifies or is likely to identify jurors during proceedings and after proceedings, with similar criminal penalties and exceptions for authorised research, court reporting of contempt proceedings, law enforcement investigations and court processes (s 49B). Prosecutions under these anonymity and confidentiality provisions require written consent of the Director of Public Prosecutions (s 49A(9), s 49B(8)).

Regulatory and remedial apparatus: The Administrator may make regulations to implement the Act and to prescribe fees and rates, jury district areas and acknowledgement forms in response to summonses (s 68). The Act authorises a range of judicial and administrative remedies including correction of mistakes in names (s 36), excusal powers for Judges and Associate Judges (s 15), conditional exemption with later service (s 17A) and Sheriff's limited exemption where someone was recently summoned within three years (s 18AB).

Potential jurors and the electorate: The Act operates directly on persons whose names are on the electoral roll, because qualification to serve as a juror is defined by reference to the roll (s 9(1)). Persons on the jury list for Darwin or Alice Springs are those qualified to serve and not exempt (s 21(2)). Those who are disqualified (for example, people under guardianship, people who have not completed sentences of imprisonment, persons of unsound mind receiving treatment, represented adults) are explicitly excluded from qualification (s 10(3)). Persons whose historical convictions have been expunged under specified expungement legislation are treated as never having been convicted or charged for the purposes of juror eligibility (s 10(2A)); the Act therefore affects people with expunged records by restoring eligibility.

Professionals and public sector employees with statutory exemptions: Schedule 7 lists numerous classes of persons who are statutorily exempt from jury service and whose names must not appear on a jury list (s 11(1), (3)). This list includes the Administrator and key executive officers, judicial officers and recent holders of judicial office, a Judge's spouse or de facto partner, members of the Legislative Assembly, the Ombudsman and specified Office employees, a range of health practitioners and dentists, legal practitioners and articled or graduate clerks, clergy with established congregations, members of the Police Force, correctional services officers, employees of agencies primarily responsible for law and courts, employees of the Legal Aid Commission, Office of the Director of Public Prosecutions staff, Parole Board members and secretaries, persons with disabilities who cannot perform juror duties, and those exempt under the Commonwealth Jury Exemption Act 1965 (Sch 7). The Act therefore removes from the jury pool many who work directly in the justice system and specified professions.

Courts, judicial officers and court staff: The Chief Justice, Judges and Associate Judges are central decision makers under the Act. The Chief Justice issues precepts (s 24), gives written directions for selection at trial (s 37(1)), and may direct precepts to other persons where the Sheriff is interested in a matter (s 26). Judges and Associate Judges have power to excuse jurors (s 15), to make conditional exemption orders that require future service (s 17A), and to permit the Sheriff or Deputy Sheriffs to exercise question powers (s 27A(2)). The Court controls trial procedures (selection, reserve jurors, reduction, views) and may make orders about payment of view expenses (s 61) and reduction of jury numbers during trial for illness or urgency (s 62).

The Sheriff and deputies: The Sheriff is the operational hub for jury administration. The Sheriff must make jury lists annually by 30 November (s 21(1)), select names for summons by random computer selection (s 27), serve summonses (ss 29-30), prepare panels (s 32), and return precepts and panels to the Court (s 33). The Sheriff has limited discretionary powers to exempt someone summoned within three years of prior service (s 18AB) and to question jurors about English language competency (s 27A(3)); Deputy Sheriffs may do so only with written authorisation from a Judge or Associate Judge (s 27A(1)).

Parties, counsel and litigants: Civil litigants who want a jury must apply to the Court; if the Court orders a civil issue tried by jury the applicant must pay the prescribed jury fee on the Sheriff’s demand and may face the jury being discharged if fees are not paid (s 7(2)-(4), s 8). Plaintiffs and defendants in civil jury trials exercise limited strikes when the list is compiled and may be represented by solicitor or counsel for that purpose (s 39(4), (9)). The Crown and accused in criminal trials have statutory peremptory challenge rights with numeric limits (s 44) and the Court's power to order a juror to stand by is limited at the Crown’s request (s 43).

Media, researchers and third parties: The Act imposes constraints on the media and others who might publish or solicit jury deliberation content or identify jurors. Sections 49A and 49B create high‑penalty offences for publishing protected deliberation content or identifying jurors, subject to specific exceptions. The Attorney‑General can authorise persons to conduct research into jury matters and that authorisation constitutes an exception to the prohibitions in certain circumstances (s 49A(5)(e), s 49B(4)(a)). The Director of Public Prosecutions must give written consent before prosecutions for these anonymity and confidentiality offences may be brought (s 49A(9), s 49B(8)), which affects media and researchers' risk of prosecution.

Employers and workplaces: Employers of persons summoned for jury service are prohibited from dismissing or otherwise prejudicing employees on account of jury attendance (s 52). This provision creates a statutory employment protection and a criminal penalty for breach. The Act also contemplates payment of jurors at prescribed rates and allowances for expenses or refreshments at public expense (ss 60, 63), affecting state budgets and public administration.

Who must serve and compliance obligations: A person whose name is on the roll and not exempt is qualified and liable to serve as a juror (s 9(1)-(2)). A person must comply with a lawfully served summons unless excused under the Act (s 50). Failure to comply with a summons where not excused is an offence with a maximum penalty of four penalty units (s 50). A talesman (a person appointed under specified backup provisions) must appear when required and must not wilfully withdraw from court presence (s 51).

Summons and service duties: The Sheriff must cause a summons to be served in a form approved by the Sheriff on each juror chosen (s 29). Service must be personal delivery or ordinary prepaid post so that the summons arrives not less than seven clear days before attendance (s 30). The Sheriff must prepare a panel listing names and descriptions before the time the precept is returned (s 32(1)) and return the precept and panel annexed to the Court on the appointed day (s 33). Panels are treatable as inspectable in civil cases by parties or counsel at a convenient time before trial (s 34).

Selection, striking and challenge rights: In criminal trials the proper officer selects and calls names in accordance with written directions of the Chief Justice until 12 impartial jurors remain, who then take the oath (s 37(1), (1A)). If the panel is exhausted, the Court can adjourn, recall jurors from other courts, issue further precepts, or order the Sheriff to appoint qualified persons present to make up numbers (s 37(2)-(2A)). In civil jury trials the proper officer selects until 12 persons are approved, compiles a list, and the plaintiff and defendant may each strike out 4 names, resulting in a final jury of four (s 39(1), (4)-(6)). The Act preserves challenge rights to the array and to individual jurors as they existed immediately before the Act and caps peremptory challenges in criminal trials (s 42, s 44). The Crown and accused have peremptory challenges limited to 12 for capital offences and 6 otherwise (s 44(1)); attempts to exceed these are void (s 44(2)).

Judicial excusal and conditional direction powers: Judges and Associate Judges can excuse persons summoned or appointed as talesmen for sufficient cause or where there is doubt as to qualification or exemption (s 15). When excusing someone, a Judge or Associate Judge may attach a condition that the person's name be included among jurors to be summoned at a specified subsequent time (s 17A). The Sheriff may excuse, on application, a person who had served not later than three years previously (s 18AB). The Act also provides for the correction of mistakes in name or description by written leave of a Judge or Associate Judge where identity is not in question (s 36).

Payment, care and employment protections: Jurors and talesmen who attend the Court are entitled to payment at prescribed rates for each day of attendance (s 60). The Court may, at any time after empanelling, order food and refreshment at public expense and the Sheriff must supply it (s 63). An employer must not dismiss or otherwise prejudice an employee summoned to attend for jury service (s 52); contravention carries a maximum penalty of 40 penalty units or 12 months imprisonment.

Confidentiality and anonymity duties and criminal sanctions: The Act places positive legal duties on all persons not to disclose, solicit or publish protected information about jury deliberations (s 49A(2)-(4)) and to refrain from publishing or disclosing information identifying jurors during proceedings and after (s 49B(1)-(3)). It also prohibits soliciting such information with the intention of publishing or facilitating publication (s 49A(3), s 49B(3)). The Act specifies exceptions permitting disclosure to courts, Royal Commissions, the DPP or police for investigations, authorised research under Attorney‑General authorisation, and to health practitioners in treatment contexts, among others (s 49A(5)-(7); s 49B(4)-(6)). The maximum penalties for an individual natural person for these secrecy and anonymity offences are 85 penalty units or imprisonment for two years; for bodies corporate the penalty is 440 penalty units (ss 49A(2)-(4), 49B(1)-(3)). Importantly, a prosecution for these offences may not be instituted except with written consent of the Director of Public Prosecutions (s 49A(9), s 49B(8)).

Additional rights at trial: A juror may be excused during a civil trial after attending for three consecutive days unless the Court orders otherwise (s 54). The Court may reduce the number of jurors during a civil trial for illness or special urgency and proceed with a reduced jury if not less than three remain; the reduced number's decision is the verdict of all (s 62). On civil jury deadlocks the Act has specified procedures: after six hours deliberation if 3 jurors agree, that decision stands as the verdict (s 49(1)); after 12 hours with no resolution the Court discharges the jury and may re‑set the cause without new process (s 49(2)).

Overview of penalty structure: The Act differentiates between relatively minor enforcement penalties and high‑penalty criminal offences. Minor statutory offences include non‑attendance of a juror and non‑attendance or wilful withdrawal of a talesman, both carrying maximum fines of 4 penalty units (ss 50-51). Employer misconduct against an employee summoned for jury service is a higher offence with a maximum penalty of 40 penalty units or imprisonment for 12 months (s 52). Personation of jurors is an offence with a maximum penalty of 17 penalty units (s 55). A juror receiving excess fees beyond the compensation to which they are entitled is an offence with a maximum penalty of 4 penalty units (s 56).

High‑penalty confidentiality and anonymity offences: The Act imposes significant criminal sanctions for breaches of confidentiality of jury deliberations (s 49A) and for identifying jurors (s 49B). For both provisions the maximum penalties for a natural person are 85 penalty units or imprisonment for two years, and for a body corporate 440 penalty units (s 49A(2)-(4); s 49B(1)-(3)). The prohibited conduct includes disclosing protected information if the person is aware that the information will, or is likely to, be published (s 49A(2)), soliciting or obtaining protected information with the intention to publish (s 49A(3)), and publishing protected information (s 49A(4)). For juror identity, the Act prohibits publishing identifying information during the course of proceedings (s 49B(1)), publishing identifying information after proceedings unless the juror has consented (s 49B(2)), and soliciting such identifying information with publication intent (s 49B(3)).

Enforcement constraints and prosecutorial gatekeeping: The Act places a procedural constraint on enforcement of the secrecy and anonymity offences by requiring the written consent of the Director of Public Prosecutions or an authorised person before a prosecution for an alleged offence under s 49A or s 49B may be instituted (s 49A(9); s 49B(8)). The Act also does not apply to information that was published generally to the public before a prosecution for an alleged offence was instituted (s 49A(8); s 49B(7)). These provisions limit the initiation of prosecutions under those sections and introduce a centralised prosecutorial decision point.

Exceptions and permitted disclosures as compliance defenses: The Act enumerates specific exceptions where disclosure or solicitation of protected information is not prohibited. Disclosures are permitted to a court, a Royal Commission, the DPP or police for investigation purposes, to a person authorised by the Attorney‑General for authorised research into jury matters, and to a health practitioner for treatment of a former juror (s 49A(5)). Solicitation or obtaining protected information is allowed in the course of court proceedings, by a Royal Commission, DPP or police for investigations, by someone authorised by the Attorney‑General for research, or by a legal practitioner for advising in relation to those permitted processes (s 49A(6)). Publishing protected information is allowed where the Attorney‑General has authorised research publication or as part of a fair and accurate report of proceedings connected with contempt or appeals where jury deliberation is an issue (s 49A(7)). Equivalent exceptions and constraints are drafted for juror identity (s 49B(4)-(6)).

Administrative enforcement and corrections: The Court retains administrative powers over jury panels and lists. Informal errors in names or descriptions, where identity is not in question, do not invalidate verdicts (s 35). The Sheriff may correct mistakes in name or description by leave of the Judge or Associate Judge (s 36). The Court may order the Sheriff to appoint additional jurors or to manage panels where names have been exhausted (s 37(2)-(2A)), which is an administrative route to remedy selection shortfalls rather than a penal sanction.

Procedural safeguards and limits on standing by: The Act limits the number of jurors who may be ordered to stand by at the Crown’s request to six in criminal trials (s 43). Peremptory challenges are numerically capped (s 44), and attempts to exceed those caps are void (s 44(2)), which is an enforcement mechanism on counsel practice in court.

References to the electoral roll and other Territory Acts: Qualification to serve as a juror is tied to presence on the electoral roll, so the Act interacts functionally with the Electoral Act 2004 (s 9(1) refers to "roll" defined as within the Electoral Act 2004). The Act treats expungements under the Expungement of Historical Homosexual Offence Records Act 2018 and specified parts of the Criminal Code as if the person had never been charged or convicted for the purpose of juror eligibility (s 10(2A)), thereby integrating expungement outcomes into jury eligibility.

Cross‑references to mental health and guardianship law: Disqualification includes persons under active guardianship orders under the Guardianship of Adults Act 2016 and persons in hospital or approved treatment facilities under the Mental Health and Related Services Act 1998 (s 10(3)(c)-(d)). The Act adopts definitions from those Acts for 'represented adult' and guardianship. This creates cross‑dependence: an order under the Guardianship of Adults Act or treatment under the Mental Health and Related Services Act can directly render a person ineligible to serve as a juror.

Interplay with Commonwealth and other Territory statutes: Schedule 7 expressly exempts persons who are exempted under the Jury Exemption Act 1965 of the Commonwealth (Sch 7). The Act thus recognises Commonwealth exemptions and integrates them into the NT administrative regime. The Act also cross‑references and reflects adjustments made by numerous Territory amendment Acts set out in the endnotes, for example amendments tied to the Oaths, Affidavits and Declarations Act 2010 affecting Forms in Schedule 6 (Endnotes list).

Relation to prosecutorial discretion under Territory law: Sections 49A(9) and 49B(8) require written consent of the Director of Public Prosecutions before prosecutions for the secrecy and anonymity offences may be instituted. That creates a direct procedural interaction with the office of the DPP and its internal policies and with any relevant Territory prosecutorial guidelines that govern how and when written consent will be provided.

Regulatory instruments and delegated legislation: The Administrator may make regulations to facilitate administration and to prescribe matters necessary to give effect to the Act, including fees under s 8, rates under s 60, areas of jury districts and forms of acknowledgement in reply to summonses (s 68(1)-(2)). Those regulations will operate alongside the Act to fix key operational parameters, including the "prescribed manner" for computer random selection (s 27 refers to a prescribed manner). Thus compliance and selection detail is split between primary legislation and subordinate regulation.

Privacy, health and professional confidentiality: The Act allows disclosure of protected information to health practitioners in connection with treatment of a former juror (s 49A(5)(f); s 49B(5)(g)), and it places an express duty on health practitioners receiving such information not to disclose it further unless necessary for the health or welfare of the former juror (s 49A(5A); s 49B(5A)). This creates an interaction with health privacy frameworks and professional confidentiality obligations under health practitioner regulation, as well as with statutory regimes regulating health practitioner conduct referred to in Schedule 6 and other statutes in the endnotes.

Court procedure and rules of evidence: The Act preserves the Court’s authority to control trial procedure and to order views, reductions in jury, and correction of panels (ss 61, 62, 36). It also preserves existing rights of challenge and the law as it stood immediately before the Act regarding challenge to array and polls (s 42), thereby integrating established pre‑existing common law and procedural practice into the statutory framework.

Amendment and continuity provisions: The Act contains a repeal and savings structure and a comprehensive endnote list of amendments showing how later Territory Acts have altered various sections (Part XII and Endnotes). Section 69 provides a specific savings provision for exemptions under s 11(2) affected by the Criminal Justice Legislation Amendment Act 2011. The Act is thus administered in an environment of continuing legislative change, with transitional provisions applying to particular amendments.

Chronology and significant insertions: The Act's endnotes and schedules provide a detailed amendment history showing continual adjustments since the original Juries Ordinance and subsequent re‑enactments. Notable insertions and amendments included: insertion of section 6A (no juries in civil defamation) by the Defamation Act 2006 (Endnotes s 6A ins No. 8, 2006, s 54); insertion of confidentiality and anonymity provisions (ss 49A and 49B) by Act No. 16 of 1998 with subsequent amendments (Endnotes s 49A ins No. 16, 1998, s 3; s 49B ins No. 16, 1998, s 3; both later amended). Reserve juror provisions were inserted as s 37A in 1982 (Endnotes s 37A ins No. 51, 1982, s 17); s 27A (Sheriff's power to question) was inserted in 1979 and later amended (Endnotes s 27A ins No. 123, 1979, s 10; amended s 27A No. 57, 1989, s 18; No. 18, 2017, s 36).

Administrative and technical amendments: The Act has been the subject of many statute law revision and consequential amendments to adjust cross‑references and definitions following changes in other Territory legislation. Examples in the endnotes include amendments to adopt the Oaths, Affidavits and Declarations Act 2010 for forms in Schedule 6 (Endnotes list s 58 amd No. 40, 2010, s 57) and multiple statute law revision acts (Endnotes list many such Acts including 1978, 1996, 1999, 2005, 2018).

Specific topic changes: The Schedule 7 list of exempt persons has been expanded piecemeal across many amendment Acts (Endnotes indicate ongoing amendments to Sch 7 by a long list of Acts between 1982 and 2022). The Act’s provisions concerning qualifications and disqualification have been amended to reflect changes in sentencing law, parole and expungement regimes, as shown by s 10 amendments (Endnotes s 10 amd No. 57, 1989, s 4; No. 17, 1996, s 6; No. 11, 1999, s 4; No. 27, 2014, s 57; No. 15, 2016, s 117; No. 13, 2016, s 35; No. 8, 2018, s 37; No. 30, 2022, s 12). The expungement insertion at s 10(2A) is a discrete example showing legislative accommodation of modern expungement law.

Regulatory functions and powers: Section 68 has been used to enable detailed regulation: regulations may prescribe fees (s 8), juror payment rates (s 60), areas of jury districts (s 68(2)(c)) and forms for acknowledgement responses to summonses (s 68(2)(d)). The endnotes show that sections dealing with payment, forms and related administrative matters have been frequently adjusted to align with other legislative changes.

Transitional provisions: Part XII (s 69) contains a specific transitional saving preserving exemptions made under s 11(2) immediately before the Criminal Justice Legislation Amendment Act 2011 as if that amendment had not been made. The Endnotes list many transitional and commencement dates for amendment Acts, indicating staggered and staged implementation across the statute’s history.

Recent amendments and commencement: The Endnotes record recent Acts that have affected the Juries Act, including Justice and Licensing Legislation Further Amendment Act 2022 (Assent 31 Oct 2022) and Criminal Code Amendment (Age of Criminal Responsibility) Act 2022 (Commenced 1 Aug 2023) among others. The reprint states the version in force as at 1 August 2023 (header). The detailed list of amending Acts in the Endnotes allows tracking of precise changes to particular sections; the endnotes explicitly tie individual section amendments to specific amending Acts and sections of those Acts.

No cases cited in the Act: The text of the Act and its Schedules do not cite judicial decisions or list litigation. There is no schedule of judicial interpretations within the statute itself. The Act preserves existing challenge law as it stood immediately before the Act (s 42), but it does not reproduce or name prior cases or statutes other than those specified.

Prosecutorial gatekeeping and court involvement in enforcement: For offences under the secrecy and anonymity provisions (ss 49A and 49B) the Act requires written consent of the Director of Public Prosecutions or an authorised person before a prosecution may be instituted (s 49A(9); s 49B(8)). That procedural precondition will shape litigation practice by concentrating initiation decisions in the DPP’s office and by providing a statutory threshold for any potential prosecutor to clear before instituting proceedings.

Administrative and judicial remedies in the Act: The Act provides for Court supervision of various administrative steps that could give rise to court proceedings or judicial review claims. Examples include the Sheriff’s correction of mistakes by leave of a Judge or Associate Judge (s 36), Judges’ powers to excuse jurors (s 15), and the Court’s powers to order the Sheriff to appoint jurors where the panel is exhausted (s 37(2A)). These express judicial authorities mean disputes about administrative action under the Act will ordinarily be dealt with within the Court’s supervisory jurisdiction.

Potential litigation triggers recorded in the Act: The Act records several offences that would give rise to criminal proceedings (ss 49A-56). The high penalties for breaches of jury confidentiality and juror identification (85 penalty units or two years’ imprisonment for individuals) mean that, if prosecutions are pursued, contested litigation under those sections could arise. The Act’s exception clauses for investigation, court disclosure and authorised research, and the requirement for DPP consent, will be central litigated issues in any such cases.

Absence of case list or reported interpretation in the statute: Because the statute contains no case citations or annotations of judicial interpretation, readers must look to external case law or prosecutorial records to assess how the confidentiality and anonymity provisions, or procedural parts of the Act, have been applied or litigated in practice. The Act itself does not provide an internal litigation history.

Civil defamation no jury: Section 6A explicitly mandates that civil proceedings for defamation "must be tried by the Court without a jury". That provision removes the option of a jury trial in defamation, and parties should not assume the normal civil jury procedures will apply to defamation matters (s 6A).

Civil jury size and fees: Where the Court orders a civil issue to be tried by jury the final jury is four jurors (s 7(4)), but the selection mechanics start from a panel of up to 12 and a separate striking procedure applies (s 39). A party who obtains a civil jury must pay the prescribed fee and must pay any prescribed daily amounts for each day before trial resumes when so prescribed (s 8(1)-(2)). Failure to pay the prescribed amount by the start or resumption of the trial (or after an hour's extension) may result in the jury being discharged and the trial continuing without a jury (s 8(3)-(4)). Parties seeking civil juries must budget for fees and be aware that non‑payment can negate the jury.

Discrepancy between initial numbers and final juror count: The process for civil trials involves selection of 12 persons then successive striking to end with 4 jurors (s 39). That procedure means counsel must be prepared to exercise strikes and challenges with the initial list comprising 12 names; tactical assumptions based on a final 4‑person jury must account for the earlier stages and for the risk that fewer than 12 names remain in certain circumstances (s 39(1)-(6)).

Peremptory challenge caps and standing by limits: Criminal trials have statutory caps on peremptory challenges: 12 for capital offences and 6 otherwise (s 44(1)). A peremptory challenge in excess of those numbers is void (s 44(2)). Similarly, the Court’s power to order jurors to stand by at the Crown's request is limited to not more than six (s 43). Counsel must track and record the number of peremptory challenges used to avoid voiding later challenges.

Residency restrictions: Jurors must normally serve within their own jury district. A person who does not reside in the Darwin jury district is not qualified to serve at Darwin and likewise for Alice Springs (s 12). Talesmen are the exception. Parties and the Sheriff must check residency to avoid invalid selections.

Exemption and removal from lists: Schedule 7 details many exempt classes and s 11(3) mandates that names of persons exempt under s 11(1) or who have permanently opted out under s 11(2) must not be on the jury list. The Sheriff must therefore not include exempt persons, but s 14 makes clear that a person whose name is on a jury list is not excused merely because they are disqualified or exempt unless the Sheriff was informed and gave an excuse. That creates a practical risk: persons who are exempt but still appear on a list must proactively inform the Sheriff to avoid a summons and attendance obligation (s 14).

Language competency checks and reporting: The Sheriff or an authorised Deputy Sheriff may question selected jurors at any time before the juror's name is called to ascertain whether the juror can read, write and speak English (s 27A(3)). If not satisfied, the Sheriff must report to a Judge or Associate Judge (s 27A(4)). This introduces an operational checkpoint and possible delay if language competency issues are identified.

Confidentiality and anonymity traps: The secrecy provisions (s 49A) and anonymity provisions (s 49B) are broadly framed and impose heavy penalties for publication, solicitation or disclosure of protected information or identifying information. Exceptions are narrow and mainly involve formal legal processes, authorised research, and law enforcement or health treatment. Prosecutions under these sections require DPP consent (s 49A(9), s 49B(8)). Broadly, media or researchers who obtain or publish information about juror deliberations or juror identity risk severe penalties unless they strictly fall within an exception or have prior authorisation from the Attorney‑General or DPP consent.

Expungement treated as never convicted: Section 10(2A) provides that where a charge or conviction is expunged under the Expungement of Historical Homosexual Offence Records Act 2018 or relevant parts of the Criminal Code, the person is to be treated under this Act as if they had never been charged or convicted, and the expunged charge is not a ground for ineligibility. That is a specific legal effect that may surprise lawyers who assume a previous conviction remains relevant for juror eligibility despite expungement (s 10(2A)).

Correction of name errors and non‑invalidate clause: Mistakes or informalities in names or descriptions that do not raise identity questions do not invalidate verdicts (s 35). The Sheriff may correct such errors by leave of a Judge or Associate Judge (s 36). Practitioners should not assume a technical misdescription automatically invalidates a verdict but should look to the limited correction and leave procedure.

Employer protection complexities: Section 52 criminalises dismissing or prejudicing an employee summoned to attend as a juror. Employers must take care: the maximum penalty is 40 penalty units or imprisonment for 12 months (s 52). This protection persists irrespective of whether the employee actually sits as a juror.

Reserve juror practicalities: A criminal trial may have up to three reserve jurors directed by the Court (s 37A(1)). Reserve jurors are empanelled, take the same oath and are discharged before the jury retires if they have not replaced a juror (s 37A(5)). Practically, counsel and parties must account for reserve jurors in pre‑verdict steps: a juror who dies or becomes disqualified before retirement is replaced by a reserve juror (s 37A(3)), but once the jury retires unspent reserve jurors are discharged.

Administrative compliance for Sheriffs and courts: The Sheriff must prepare jury lists for Darwin and Alice Springs by 30 November each year, containing names of qualified, non‑exempt residents in alphabetical order with address and occupation, and sequential numbering; the list comes into operation on 1 January and remains valid for 12 months (s 21(1), (2), (4)-(5)). When a jury precept is issued the Sheriff must effect random selection by computer in the prescribed manner to choose jurors for summons (s 24-27). Sheriffs should ensure compliance with the "prescribed manner" for computer selection and maintain records of the selection process for accountability and possible court inspection.

Responding to summonses and employer duties: A person served with a summons must attend unless properly excused; failure to attend without excuse attracts a penalty (s 50). Employers must not dismiss or prejudice employees due to jury attendance (s 52). Organisations should implement HR processes to record service of summonses, ensure employees are aware of statutory protections, and keep a copy of the summons and proof of service to manage potential disputes. Employers should also budget for employee absences and not take adverse action.

Lawyer and litigant actions for civil juries: A party seeking trial by jury in civil proceedings must apply to the Court under s 7. If the Court orders jury trial, the applicant must pay the prescribed jury fee to the Sheriff and meet any further amounts prescribed for subsequent days; failure to pay may result in discharge of the jury (s 8). Litigants should ensure fees are paid before the trial commences or resumes; the Court may allow up to one hour further time but otherwise will discharge the jury and proceed without this remedy (s 8(3)-(4)). Civil parties should be fully prepared to exercise strikes and challenges under s 39 and to inspect panels under s 34.

Managing exemptions and challenging qualification: Persons who are exempt under Schedule 7 must not be listed on the jury list; those over 70 may permanently exempt themselves by written notice to the Sheriff (s 11(2)-(3)). Individuals with recent imprisonment, guardianship orders, mental health treatment, or who are represented adults need to check s 10 to determine ineligibility. Where doubt exists as to qualification or exemption, the Judge or Associate Judge may excuse the person and may order subsequent service as a condition (s 15, s 17A). Practitioners advising potential jurors should familiarise themselves with these disqualification and exemption provisions and advise clients to inform the Sheriff promptly to obtain excusal if appropriate (s 14).

Language competency and reporting procedures: The Sheriff or Deputy Sheriff, with written authorisation from a Judge or Associate Judge, may question a chosen juror about English reading, writing and speaking ability before the name is called (s 27A(1), (3)). If the Sheriff or Deputy Sheriff is not satisfied, they must report to a Judge or Associate Judge (s 27A(4)). Court administrators should ensure written authority for Deputy Sheriffs is recorded and that any language checks are documented and reported promptly in accordance with s 27A.

Confidentiality and anonymity compliance: Media, researchers, solicitors and other third parties must comply with s 49A and s 49B. To avoid contravening the prohibitions on disclosure, soliciting or publishing protected or identifying information, entities should:

• Obtain written authorisation from the Attorney‑General for research relying on the research exceptions (s 49A(5)(e), s 49B(4)(a)) before soliciting or publishing such material.

• Restrict disclosures to the narrow exceptions in the Act such as court proceedings, Royal Commission or DPP/police investigations and ensure there is a clear statutory or investigatory basis for any disclosure (s 49A(5)-(6), s 49B(4)-(6)).

• Treat any protected information disclosed to a health practitioner as confidential, recognising the health practitioner’s statutory duty not to re‑disclose except as necessary for the juror’s health or welfare (s 49A(5A), s 49B(5A)).

• Secure written consent from jurors before publishing identifying information after proceedings (s 49B(2)).

• Recognise that prosecutions for breaches require written consent of the DPP (s 49A(9), s 49B(8)) and engage with the DPP early if there is doubt about prosecutorial exposure.

Managing payment and expenses: Jurors are entitled to payment at prescribed rates for each day of attendance, whether they actually serve on a jury or not (s 60). The Court may order food and refreshments at public expense (s 63). Courts and administrators should maintain transparent records of prescribed rates and ensure payment systems are in place so jurors receive timely remuneration as prescribed by regulation (s 68(2)(b)).

Correcting administrative errors and identity issues: Informal errors in name or description do not invalidate a verdict where identity is not in question (s 35). The Sheriff may seek leave to correct names or descriptions by showing the Judge or Associate Judge that an error was made and identity is not in issue (s 36). Administrators should document proof of identity and the factual basis for corrections before seeking leave under s 36.

Responding to an exhausted panel and making up numbers: If a panel is exhausted in trial, the Court has enumerated options including adjournment, using jurors summoned for other courts in the same district, issuing a further precept, or ordering the Sheriff to appoint qualified persons present to reach the required number (s 37(2)-(2A)). Crown, defence or counsel may request these remedies (s 37(2A)). Trial practitioners should be ready to raise or respond to such requests and understand the procedural mechanics for talesmen appointment and reserve jurors (s 37A).

Record‑keeping and statutory forms: The Act contemplates prescribed forms and regulations for acknowledgements and fees (s 68(2)(d)). Sheriffs and courts should use the prescribed forms and ensure records of summons service, panel formation, selection by computer, and corrections are maintained in accordance with regulation or internal policy to support any later challenge or administrative review (ss 27, 32-33, 36).

Engage the DPP early where secrecy or identification issues arise: Because prosecutions under anonymity and confidentiality provisions require DPP written consent (s 49A(9), s 49B(8)), practitioners and institutions should consult the DPP office early if an incident implicates these provisions, and seek legal advice on the exceptions in ss 49A(5)-(7) and 49B(4)-(6) before any publication or disclosure.