1Juries Act 1962

NORTHERN TERRITORY OF AUSTRALIA JURIES ACT 1962 As in force at 1 August 2023 Table of provisions Part I Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 4 Repeal and saving ........................................................................... 1 5 Definitions ........................................................................................ 1 Part II Trial by jury 6 Juries in criminal cases ................................................................... 2 6A No juries in civil cases for defamation ............................................. 2 7 Juries in other civil cases ................................................................. 2 8 Payment of jury fee in civil cases .................................................... 3 Part III Qualifications of jurors and liability to serve 9 Qualification of jurors and liability to serve ...................................... 3 10 Persons not qualified ....................................................................... 4 11 Exempt persons............................................................................... 5 12 Jurors to serve within own jury district ............................................. 5 13 Impeachment of verdict of jury ........................................................ 5 14 Liability of disqualified or exempted persons to attend as jurors ............................................................................................... 6 15 Excusing of jurors by Judge or Associate Judge ............................. 6 17A Power to exempt from jury service on condition of subsequent service ............................................................................................. 6 18AB Power of Sheriff to exempt in certain cases .................................... 6 Part IV Jury districts 19 Jury districts..................................................................................... 7 20 Boundaries of jury districts .............................................................. 7 Part V Jury lists 21 Jury lists........................................................................................... 7 Part VI Jury precepts and summonses 23 Definition ......................................................................................... 8 Juries Act 1962 ii 24 Jury precepts ................................................................................... 8 25 Terms of precept ............................................................................. 8 26 Provision for cases where Sheriff is interested ................................ 8 27 Jurors to be chosen by random selection by computer ................... 8 27A Sheriff's power to question .............................................................. 8 29 Summons to jurors .......................................................................... 9 30 Service of summons ........................................................................ 9 32 Panel of jurors and return of persons not summoned ..................... 9 33 Sheriff's return to precept .............................................................. 10 34 Inspection of jury panels in civil cases ........................................... 10 35 Informalities, &c., not to invalidate verdict ..................................... 10 36 Correction of mistakes of name or description .............................. 10 Part VII Striking and empanelling jury Division 1 Criminal trials 37 Striking jury in criminal cases ........................................................ 11 37A Reserve jurors in criminal cases .................................................... 12 38 Different issues may be tried by same jury .................................... 13 Division 2 Civil trials 39 Striking jury in civil cases ............................................................... 13 40 Different issues may be tried by same jury .................................... 14 41 Reducing list where party does not appear ................................... 14 Part VIII Challenge 42 Right of challenge .......................................................................... 15 43 Standing jurors by limited .............................................................. 15 44 Challenge in criminal cases ........................................................... 15 46 Challenge in civil cases ................................................................. 15 47 Informalities in summoning jurors .................................................. 15 Part IX Disagreement 49 Disagreement in civil cases ........................................................... 16 Part X Offences 49A Confidentiality of jury deliberations ................................................ 16 49B Anonymity of jurors ........................................................................ 19 50 Non-attendance of jurors ............................................................... 22 51 Non-attendance of talesman ......................................................... 22 52 Unlawful dismissal, &c. .................................................................. 22 54 Limit of 3 days in civil cases .......................................................... 23 55 Personation of jurors ..................................................................... 23 56 Excess of fees ............................................................................... 23 Juries Act 1962 iii Part XI Miscellaneous 58 Oath by jurors ................................................................................ 23 59 Oath of officer in charge of jury ..................................................... 23 60 Payment of jurors .......................................................................... 23 61 View during trial ............................................................................. 23 62 Reduction of jury............................................................................ 24 63 Food and refreshment ................................................................... 24 65 Abolition of certain juries ............................................................... 24 68 Regulations.................................................................................... 24 Part XII Transitional matter for Criminal Justice Legislation Amendment Act 2011 69 Savings – exemption under section 11 .......................................... 25 Schedule 1 Repeals Schedule 3 Jury precept Schedule 6 Oaths Schedule 7 Persons exempt from service as jurors ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 August 2023 ____________________ JURIES ACT 1962 An Act relating to juries Part I Preliminary 1 Short title This Act may be cited as the Juries Act 1962. 2 Commencement This Act shall come into operation on a date to be fixed by the Attorney-General by notice in the Government Gazette of the Northern Territory. 4 Repeal and saving (1) The Acts of the State of South Australia specified in Part I of Schedule 1 are, in their application in the Northern Territory, repealed to the extent expressed in the third column of that Part. (2) The Ordinances specified in Part II of Schedule 1 are repealed. 5 Definitions (1) In this Act, unless the contrary intention appears: capital offence means an offence the penalty for which under a law in force in the Territory is prescribed to be life imprisonment, with or without hard labour, and in respect of which the court imposing the sentence may not vary or mitigate the sentence and includes murder. Chief Justice means Chief Justice within the meaning of the Supreme Court Act 1979. Judge means a Supreme Court Judge. jury list means the jury list for Darwin or the jury list for Alice Springs. Part II Trial by jury Juries Act 1962 2 jury precept means a precept issued under section 24. panel of jurors means a list of names prepared in pursuance of section 32(1). reserve juror, in respect of a criminal trial, means a person chosen and returned under section 37A(1) as a reserve juror in respect of that trial. roll means a roll within the meaning of the Electoral Act 2004. talesman means a person appointed to serve as a juror under section 37(2A) or 39(2). the Court means the Supreme Court. the proper officer, in relation to the exercise of a power or the performance of a duty under this Act, means an officer of the Court appointed by a Judge as the proper officer for that purpose. the Sheriff means the Sheriff of the Northern Territory. Part II Trial by jury 6 Juries in criminal cases Where, under a law in force in the Northern Territory, an offence prosecuted in the Court is required to be tried with a jury, the jury shall consist of 12 jurors who shall be chosen and returned in accordance with this Act. 6A No juries in civil cases for defamation Civil proceedings for defamation must be tried by the Court without a jury. 7 Juries in other civil cases (1A) This section does not apply in relation to civil proceedings for defamation. (1) The trial of a civil issue or a question of fact in a civil issue shall be by the Court without a jury unless the Court orders otherwise in accordance with this section. (2) A party to a civil issue may make application to the Court for an order that the issue or a question of fact in the issue be tried by the Court with a jury. Part III Qualifications of jurors and liability to serve Juries Act 1962 3 (3) Whether or not such an application has been made, the Court may, if it appears just, order that a civil issue or a question of fact in a civil issue be tried by the Court with a jury. (4) Where the Court so orders, the jury shall consist of 4 jurors chosen and returned in accordance with this Act. 8 Payment of jury fee in civil cases (1) Where the Court makes an order under section 7(3), on the application of a party to a civil issue, that party shall pay to the sheriff the prescribed fee. (2) The regulations may prescribe amounts to be paid in respect of the prescribed fee: (a) before the trial commences on the first day of the trial; and (b) before the trial resumes on each subsequent day of the trial. (3) If an amount so prescribed is not paid before the trial commences or resumes on any day (as the case requires), the Court may, if it thinks fit, allow further time not exceeding one hour after the commencement or resumption of the trial within which the amount may be paid by any party to the trial. (4) If the amount is not paid before the trial commences or resumes on any day (as the case requires) or, if the Court allows further time, within the further time so allowed, the Court shall, if a jury has been empanelled, discharge the jury and the trial shall proceed without a jury, notwithstanding that the trial may have commenced with a jury. (5) The Court may order that the amount of the prescribed fee paid by any party to a trial shall be costs in the cause. Part III Qualifications of jurors and liability to serve 9 Qualification of jurors and liability to serve (1) Subject to section 10, a person whose name is on the roll is qualified to serve as a juror. (2) A person who is qualified to serve as a juror and who is not exempt under section 11 is liable to serve as a juror. Part III Qualifications of jurors and liability to serve Juries Act 1962 4 10 Persons not qualified (1) For the purposes of this section, a person who has been sentenced to a term of imprisonment has not completed the sentence: (a) if he has been released from the custody of the Commissioner of Correctional Services on parole – until the expiration of the period of parole; or (b) if the sentence has been wholly or partly remitted under section 432 of the Criminal Code, section 8A of the Criminal Law (Conditional Release of Offenders) Act 1971 or section 114 of the Sentencing Act 1995 subject to conditions – until the conditions have been satisfied and no longer apply in relation to him; or (c) if that sentence has been suspended: (i) subject to conditions – until the conditions have been satisfied and no longer apply in relation to him; or (ii) unconditionally – until the expiration of the period during which the sentence remains suspended. (2) For the purposes of this section, a person shall be deemed never to have been under sentence of imprisonment for an offence if he has been granted a free pardon in respect of the offence. (2A) If a charge or conviction is expunged under the Expungement of Historical Homosexual Offence Records Act 2018 or Part XI, Division 18, of the Criminal Code: (a) the person is to be treated under this Act as if the person had never committed or been charged with, prosecuted for, convicted of or sentenced for the offence; and (b) the expunged charge or conviction is not a ground for ineligibility to be a juror. (3) A person who: (a) has been sentenced to a term of imprisonment (whether within the Territory, in a State or another Territory or in a prescribed country) for an offence other than a capital offence and: (i) has not completed the sentence; or (ii) a period of less than 7 years has elapsed since he completed the sentence; Part III Qualifications of jurors and liability to serve Juries Act 1962 5 (b) has been sentenced to a term of imprisonment (whether within the Territory, in a State or another Territory or in a prescribed country) for a capital offence; (c) is a person in respect of whom a guardianship order under the Guardianship of Adults Act 2016 is in force; (d) is of unsound mind or is: (i) in a hospital or an approved treatment facility; or (ii) undergoing treatment, under the Mental Health and Related Services Act 1998; or (e) is a represented adult, as defined in section 3 of the Guardianship of Adults Act 2016; is not qualified to serve as a juror. 11 Exempt persons (1) A person specified in Schedule 7 is exempt from serving as a juror. (2) A person who is over the age of 70 may exempt himself or herself from serving as a juror on a permanent basis by giving written notice to the Sheriff. (3) The name of a person exempt from serving as a juror under subsection (1) or (2) must not be included on a jury list. 12 Jurors to serve within own jury district Except as a talesman: (a) a person who does not reside within the jury district for Darwin is not qualified to serve as a juror at Darwin; and (b) a person who does not reside within the jury district for Alice Springs is not qualified to serve as a juror at Alice Springs. 13 Impeachment of verdict of jury The verdict of a jury shall not be impeached on the ground that a juror was not qualified to serve, or was exempt from serving, as a juror unless the lack of qualification or the exemption was submitted before the juror took the oath under section 58. Part III Qualifications of jurors and liability to serve Juries Act 1962 6 14 Liability of disqualified or exempted persons to attend as jurors A person whose name is on the jury list is not excused from attendance in accordance with a jury summons by reason of: (a) not being qualified to serve; or (b) being exempt from serving, as a juror, unless the Sheriff was informed accordingly and has excused the person from attending. 15 Excusing of jurors by Judge or Associate Judge If a Judge or an Associate Judge: (a) is satisfied that a person summoned to attend as a juror, or a person appointed as a talesman, ought for sufficient cause be excused from attendance; or (b) has doubt as to the person's qualifications to serve as a juror or be appointed as a talesman or whether the person is exempt from serving as a juror, the Judge or Associate Judge may excuse the person from attendance or further attendance on the Court during a period specified by the Judge or Associate Judge. 17A Power to exempt from jury service on condition of subsequent service (1) Where a person is excused under section 15 from attendance or further attendance on the Court, the Judge or the Associate Judge may, as a condition of excusing that person, order that the name of the person be included amongst the names of jurors to be summoned for jury service at some subsequent time specified in the order. (2) Where a Judge or an Associate Judge makes an order under subsection (1), the Judge or Associate Judge shall notify the Sheriff of the making of the order and the Sheriff shall cause the person the subject of that order to be summoned, in accordance with that order, as a juror. 18AB Power of Sheriff to exempt in certain cases Where the Sheriff is satisfied that a person has been summoned to attend as a juror not later than 3 years after the date on which he previously served as a juror, the Sheriff may, upon application Part V Jury lists Juries Act 1962 7 made by or on behalf of the person, excuse that person from attendance in compliance with the summons. Part IV Jury districts 19 Jury districts For the purposes of this Act, there shall be: (a) a jury district for Darwin; and (b) a jury district for Alice Springs. 20 Boundaries of jury districts The jury district of Darwin and the jury district of Alice Springs shall comprise such areas of land as are respectively prescribed. Part V Jury lists 21 Jury lists (1) The Sheriff shall, not later than 30 November in each year, make out a jury list for each of the jury districts of Darwin and Alice Springs. (2) The Jury lists for Darwin and Alice Springs shall contain, in alphabetical order, the names of persons qualified to serve, and not exempt from serving, as jurors who reside within the respective jury districts. (4) A jury list shall show the address and occupation of each person whose name appears on the list and the names appearing on the list shall be prefixed by numbers in regular arithmetical series. (5) Each jury list made out under subsection (1) shall come into operation on 1 January next after it is made out and shall, notwithstanding that the boundaries of the prescribed areas constituting a jury district may have changed after it was made out, remain valid for all purposes for a period of 12 months expiring with 31 December next following. Part VI Jury precepts and summonses Juries Act 1962 8 Part VI Jury precepts and summonses 23 Definition In this Part, unless the contrary intention appears, the Sheriff in relation to a jury precept that is directed, under section 26, to a person other than the Sheriff means that other person. 24 Jury precepts From time to time, and as often as occasion demands, the Chief Justice shall issue, under his hand and seal, a precept directed to the Sheriff requiring him to summon jurors before the Court at Darwin or Alice Springs, as the case requires. 25 Terms of precept A jury precept shall be in accordance with the form in Schedule 3 and shall specify the number of jurors required and the time when and the place where the attendance of the jurors is required, and shall be issued and delivered to the Sheriff at least 14 clear days before the time so specified. 26 Provision for cases where Sheriff is interested If it appears to the Chief Justice that the Sheriff is a party to, or interested in, a matter to be tried before a jury, he may direct a jury precept to such other person as he thinks fit. 27 Jurors to be chosen by random selection by computer When a jury precept is delivered to the Sheriff, the Sheriff shall choose the persons to be summoned from those whose names appear in the jury list for Darwin or the jury list for Alice Springs in accordance with random selection by computer in the prescribed manner. 27A Sheriff's power to question (1) A Deputy Sheriff shall not exercise any power under this section unless the Deputy Sheriff has been expressly authorized in writing by a Judge or an Associate Judge to exercise that power. (2) The Sheriff and each Deputy Sheriff shall, in the exercise of any power under this section, comply with such directions as are given from time to time by the Chief Justice. Part VI Jury precepts and summonses Juries Act 1962 9 (3) The Sheriff and a Deputy Sheriff may, at any time before the juror's name is called in accordance with section 37 or 39, question any juror chosen under section 27 to ascertain whether that juror is able to read, write and speak the English language. (4) If the Sheriff or Deputy Sheriff is not satisfied that a juror referred to in subsection (3) is able to read, write and speak the English language, the Sheriff or Deputy Sheriff must report the fact to a Judge or an Associate Judge. 29 Summons to jurors The Sheriff shall cause to be served upon each juror chosen in pursuance of section 27 a summons in a form approved by the Sheriff. 30 Service of summons A summons to a juror shall be served on the juror: (a) by delivering it to him personally as soon as practicable and not less than 7 clear days before the time specified in the summons for his attendance; or (b) by forwarding the summons by ordinary prepaid post to his address, as it appears on the annual jury list, so that the summons would, in the ordinary course of post, be delivered to that address not less than 7 clear days before the time specified in the summons for his attendance. 32 Panel of jurors and return of persons not summoned (1) The Sheriff shall, before the time when a jury precept is required to be returned into the Court, prepare a list showing the names, in alphabetical order, and the descriptions, of the persons summoned in pursuance of the jury precept. (2) Where a single criminal trial is to commence in a jury district on a certain day, either: (a) all the jurors who attend in obedience to the summons from the jury district on that day shall constitute the jury panel for that trial; or (b) the Sheriff shall, by ballot, constitute a jury panel for the trial from amongst those who attend in obedience to the summons. Part VI Jury precepts and summonses Juries Act 1962 10 (3) Where 2 or more criminal trials are to commence on a certain day, the Sheriff shall, before or on the day on which the jurors are summoned, by ballot, divide the jurors into separate panels and appropriate each panel to a trial. (4) Subject to section 37(2)(a), where jurors from any jury panel are not included in a jury for a trial the Sheriff may excuse them from further jury service on the day on which that trial commences, but they shall attend again, in accordance with their respective summonses, at a time and place directed by the Sheriff. 33 Sheriff's return to precept Upon the day and at the place named in a jury precept for the appearance of the jurors required to be summoned by the jury precept, the Sheriff must return into the Court the jury precept and, annexed to it, the panel of jurors relating to the precept. 34 Inspection of jury panels in civil cases A party to the trial of a civil issue, or his counsel, may, at a convenient time before the trial, inspect or obtain a copy of the panel of jurors annexed to a precept for the appearance of jurors at that trial. 35 Informalities, &c., not to invalidate verdict An omission, informality or error in name or description (if there being no question as to identity) with respect to a jury list, a jury precept or a panel of jurors does not invalidate or affect any verdict returned by a jury that is in other respects according to law. 36 Correction of mistakes of name or description The Sheriff, on showing to the satisfaction of a Judge or an Associate Judge that an error has been made in the name or description of a juror and that there is no question as to the identity of the person may, by leave of the Judge or the Associate Judge, as the case may be, in writing, cause the error to be corrected and the person to be thereafter summoned by his right name and description. Part VII Striking and empanelling jury Division 1 Criminal trials Juries Act 1962 11 Part VII Striking and empanelling jury Division 1 Criminal trials 37 Striking jury in criminal cases (1) Subject to section 37A, at a criminal trial, the proper officer must: (a) select one at a time, in accordance with the written directions of the Chief Justice, persons from the panel of jurors to the trial; and (b) call aloud the name and description of the person selected, until 12 persons appear and remain approved as indifferent. (1A) The 12 persons who remain are, after taking the oath under section 58, to be the jury to try the issues on the trial. (2) If the names of persons from the panel of jurors to the trial are exhausted, by challenge or otherwise, and less than 12 persons appear and remain approved as indifferent, the Court may adjourn the trial and such persons may be retained to be included in the jury for the trial and: (a) further persons (to be included on the jury panel for the trial) may be chosen from the persons who were summoned to attend on another Court in the same jury district but were not included in a jury for a trial at that Court; or (b) a further jury precept may be issued for persons to be included on the jury panel for the trial. (2A) Where there are not sufficient persons to be the jury to try the issues of the trial after following either one or both of the procedures referred to in subsection (2), or where the Court considers those procedures are not appropriate, then, at the request of the Crown, the defendant or the defendant's counsel, the Court may adjourn the trial and order the Sheriff to appoint forthwith from amongst such of the persons in or in the vicinity of the Court as are qualified and liable to serve, but not exempt from serving, as jurors in a jury district as many persons as are sufficient to make up 12 jurors. (2B) Notwithstanding subsections (2) and (2A), the jury may be discharged and a further jury precept may be issued in respect of the trial. Part VII Striking and empanelling jury Division 1 Criminal trials Juries Act 1962 12 (2C) Section 33 shall apply, with the necessary changes, to the extent necessary for the operation of subsection (2)(a). (3) Talesman are subject to challenge in accordance with this Act. 37A Reserve jurors in criminal cases (1) The Court in which a criminal trial is to be held may direct that, in addition to the 12 persons required under section 37(1) to be the jury to try the issues on that trial, not more than 3 jurors summoned in accordance with section 30 shall be chosen and returned as reserve jurors in respect of that trial. (2) A reserve juror: (a) shall have the same qualifications; (b) shall be called and empanelled in the same manner; (c) shall be subject to the same challenges and liability to be stood by and to be discharged; (d) shall take the same oath; and (e) shall have the same functions, powers, facilities and privileges, as a juror, and for that purpose the law in respect of jurors shall apply to and in relation to a reserve juror with such modifications as are required by this section. (3) A juror at a criminal trial who, prior to the time the jury retires to consider its verdict, dies or becomes disqualified from or is discharged from performing his duties as a juror shall be replaced by a reserve juror, if any, who, if there is more than one reserve juror available at that trial, shall then be determined by lot in such manner as the Court determines. (4) Where a reserve juror who has not replaced a juror dies or becomes disqualified from or discharged from performing his duties as a juror, the trial in respect of which he is a reserve juror shall not be affected by that death, disqualification or discharge. (5) Immediately before the jury retires to consider its verdict, a reserve juror who has not replaced a juror shall be discharged. Part VII Striking and empanelling jury Division 2 Civil trials Juries Act 1962 13 38 Different issues may be tried by same jury Where a jury has tried, or been drawn to try, a criminal issue, the Court may, if no objection is made by the Crown or other party to another criminal issue: (a) try that other issue with that jury; or (b) order the names of any jurors to the withdrawal of whom the parties consent, or who are justly challenged or excused by the Court, to be set aside and try that other issue with: (i) the residue of the original jury; and (ii) jurors whose names are on the panel of jurors, who have not been selected under section 37A to be one of the panel of jurors to the trial and who appear and are approved as indifferent. Division 2 Civil trials 39 Striking jury in civil cases (1) When a civil issue that is to be tried with a jury is called on for trial, the proper officer: (a) must, in accordance with the written directions of the Chief Justice: (i) select, one at a time, persons from the panel of jurors to the trial; and (ii) call aloud the name and description of the person selected, until, after all challenges for cause are allowed, 12 persons appear and remain approved as indifferent; and (b) must compile a list of the names of those jurors. (2) If the names of persons from the panel of jurors to the trial are exhausted, by challenge or otherwise, before the list contains the names of 12 jurors: (a) the Court may order the Sheriff to appoint from amongst such of the persons in or in the vicinity of the court as are qualified and liable to serve, and not exempt from serving, as jurors in a jury district as many persons as are sufficient to make up 12 jurors; and Part VII Striking and empanelling jury Division 2 Civil trials Juries Act 1962 14 (b) the Sheriff, upon so doing, shall place the names of the jurors so appointed on the list. (3) Talesman are subject to challenge in accordance with this Act. (4) Upon the list being completed, the list shall be delivered by the Sheriff successively to the plaintiff and to the defendant, each of whom may strike out 4 names from the list. (5) If no more than 4 names then remain on the list, the persons whose names so remain shall be the jury, but if more than 4 names then remain on the list, the persons whose names are the first 4 names so remaining shall be the jury. (6) The jurors so selected must take an oath under section 58 and be empanelled as the jurors for the trial. (9) In this section, the plaintiff includes the plaintiff's solicitor or counsel and the defendant includes the defendant's solicitor or counsel. 40 Different issues may be tried by same jury (1) Where a jury has tried, or been drawn to try, a civil issue, the Court may, if no objection is made on behalf of the plaintiff or defendant to another civil issue: (a) try that other issue with that jury; or (b) order the names of any jurors to the withdrawal of whom the parties consent, or who are justly challenged or excused by the Court, to be set aside and other jurors to be selected in their stead and try that other issue with the residue of the original jury and with such jurors so selected as appear and are approved as indifferent. (2) The selection of jurors for the purposes of subsection (1)(b) shall be made according to the procedure set out in section 39 for striking a jury for the trial of a civil issue but so that the numbers "12" and "4" appearing in that section are replaced respectively by numbers bearing to those numbers respectively the same ratio as the number of jurors to be selected bears to the number "4". 41 Reducing list where party does not appear Where a plaintiff or defendant does not appear in person or by counsel or solicitor, names on the list of jurors may be struck out on his behalf under section 39(4) by the proper officer or by some other officer of the Court approved by the Court. Part VIII Challenge Juries Act 1962 15 Part VIII Challenge 42 Right of challenge Subject to the provisions of this Act, challenge to the array and to the polls may be made and allowed for such and the like cause, in such and the like form and manner and under and subject to the like laws, rules and regulations in every respect as by law was or were established, used and practised in like cases in the Northern Territory immediately before the commencement of this Act. 43 Standing jurors by limited The power of the Court on the trial of a criminal issue, at the request of the Crown, to order a juror to stand by is limited so that the number of jurors so ordered to stand by shall not exceed 6. 44 Challenge in criminal cases (1) Upon the trial of a criminal issue, the Crown and the person arraigned or his counsel may each challenge peremptorily: (a) in the case of a capital offence – 12 jurors; and (b) in any other case – 6 jurors, and are not, except for cause shown, entitled to further challenges. (2) A peremptory challenge in excess of the number of peremptory challenges allowed under subsection (1) is void and the trial shall proceed as if such a challenge had not been made. 46 Challenge in civil cases Subject to section 39, a person is not entitled to challenge a juror upon the trial of a civil issue except for cause shown. 47 Informalities in summoning jurors (1) An omission, error or irregularity by the Sheriff or any of his officers in the time and mode of service of a summons on a juror, or the summoning or return of a juror by a wrong name (if there is no question as to identity) is not a cause of challenge either to the array or to the juror. (2) A matter which might have been objected by way of challenge to the polls or to the array does not invalidate or affect any verdict in any case, civil or criminal, unless the objection is taken by way of challenge. Part X Offences Juries Act 1962 16 Part IX Disagreement 49 Disagreement in civil cases (1) Where, upon the trial of a civil issue: (a) the jury has remained for a period of 6 hours or more in deliberation; (b) the jurors are not unanimously agreed upon their verdict; and (c) 3 of the jurors are agreed upon the verdict to be given, the decision of those 3 jurors shall be taken and entered as the verdict of all. (2) Where, upon the trial of a civil issue: (a) the jury has remained for 12 hours or more in deliberation; and (b) it is not possible to enter a verdict in accordance with subsection (1), the Court shall discharge the jury and the cause may without new process be again set down for trial, either at the same or any subsequent sittings as the Court may order. Part X Offences 49A Confidentiality of jury deliberations (1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, whether instituted before or after the commencement of this section. (2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published. Maximum penalty: (a) in the case of a natural person – 85 penalty units or imprisonment for 2 years; (b) in the case of a body corporate – 440 penalty units. Part X Offences Juries Act 1962 17 (3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information. Maximum penalty: (a) in the case of a natural person – 85 penalty units or imprisonment for 2 years; (b) in the case of a body corporate – 440 penalty units. (4) A person must not publish protected information. Maximum penalty: (a) in the case of a natural person – 85 penalty units or imprisonment for 2 years; (b) in the case of a body corporate – 440 penalty units. (5) Subsection (2) does not prohibit disclosing protected information: (a) to a court; or (b) to a Royal Commission, Commission of Inquiry or Board of Inquiry; or (c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations; or (d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or (e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or (f) to a health practitioner in the course of the treatment of a person in relation to issues arising out of the person's prior service as a juror. (5A) A health practitioner to whom protected information is disclosed must not disclose the information to anyone else unless it is necessary for the health or welfare of the former juror. Maximum penalty: 85 penalty units or imprisonment for 2 years. Part X Offences Juries Act 1962 18 (6) Subsection (3) does not prohibit soliciting or obtaining protected information: (a) in the course of proceedings in a court; (b) by a Royal Commission, Commission of Inquiry or Board of Inquiry; (c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations; (d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or (e) by a legal practitioner for the purpose of giving advice in relation to a matter referred to in paragraph (a), (b), (c) or (d). (7) Subsection (4) does not prohibit publishing protected information: (a) in accordance with an authorisation granted by the Attorney- General to conduct research into matters relating to juries or jury service; or (b) as part of a fair and accurate report of: (i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations; (ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or (iii) proceedings by way of appeal from proceedings in the course of which jury deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal. (8) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public. (9) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose. Part X Offences Juries Act 1962 19 (10) In this section: health practitioner means a medical practitioner or person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). protected information means particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court. publish, in relation to protected information, means communicate or disseminate the information in a way or to an extent that it is available to, or likely to come to the notice of, the public or a member of the public. 49B Anonymity of jurors (1) Except with the leave of the court, a person must not, during the course of proceedings, publish or otherwise disclose information that identifies, or is likely to identify, that person or any other person as a juror in those proceedings. Maximum penalty: (a) in the case of a natural person – 85 penalty units or imprisonment for 2 years; (b) in the case of a body corporate – 440 penalty units. (2) A person must not publish or otherwise disclose information that identifies, or is likely to identify, another person as having been a juror in particular proceedings unless the other person has consented to the publication or disclosure of that information. Maximum penalty: (a) in the case of a natural person – 85 penalty units or imprisonment for 2 years; (b) in the case of a body corporate – 440 penalty units. Part X Offences Juries Act 1962 20 (3) A person must not solicit or obtain information that identifies, or is likely to identify, another person as a juror, or as having been a juror, in particular proceedings with the intention of publishing or facilitating the publication of that information. Maximum penalty: (a) in the case of a natural person – 85 penalty units or imprisonment for 2 years; (b) in the case of a body corporate – 440 penalty units. (4) Subsections (1) and (2) do not prohibit publishing identifying information: (a) in accordance with an authorisation granted by the Attorney- General to conduct research into matters relating to juries or jury service; or (b) as part of a fair and accurate report of: (i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to a juror's identity; or (ii) proceedings by way of appeal from proceedings referred to in subparagraph (i). (5) Subsections (1) and (2) do not prohibit disclosing identifying information: (a) to a court; or (b) to a Royal Commission, Commission of Inquiry or Board of Inquiry; or (c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to a juror's identity; or (d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or (e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or Part X Offences Juries Act 1962 21 (f) 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); or (g) to a health practitioner in the course of the treatment of a person in relation to issues arising out of the person's prior service as a juror. (5A) A health practitioner to whom protected information is disclosed must not disclose the information to anyone else unless it is necessary for the health or welfare of the former juror. Maximum penalty: 85 penalty units or imprisonment for 2 years. (6) Subsection (3) does not prohibit soliciting or obtaining identifying information: (a) in the course of proceedings in a court; (b) by a Royal Commission, Commission of Inquiry or Board of Inquiry; (c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to a juror's identity; or (d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service. (7) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public. (8) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose. (9) In this section: health practitioner means a medical practitioner or person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). Part X Offences Juries Act 1962 22 identifying information means information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings. proceedings means criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, whether instituted before or after the commencement of this section. publish, in relation to information, means communicate or disseminate the information in a way or to an extent that it is available to, or likely to come to the notice of, the public or a member of the public. 50 Non-attendance of jurors A person, other than a person who is at the material time excused from attendance as a juror by or under this Act, shall comply with a summons to attend as a juror served on him under this Act. Maximum penalty: 4 penalty units. 51 Non-attendance of talesman A talesman shall not: (a) fail to appear when required so to do by the Court; or (b) wilfully withdraw himself from the presence of the Court. Maximum penalty: 4 penalty units. 52 Unlawful dismissal, &c. Where a person is summoned in pursuance of a jury precept to attend upon the Court, whether he serves upon a jury or not, the person in whose service he is employed, shall not: (a) dismiss that person from his service; or (b) act in any other way to the prejudice of that person in relation to his employment, on account of that person's absence from his employment for the purposes of jury service. Maximum penalty: 40 penalty units or imprisonment for 12 months. Part XI Miscellaneous Juries Act 1962 23 54 Limit of 3 days in civil cases Where a juror summoned, or a talesman appointed, for the trial of a civil issue or issues has attended for 3 consecutive days, he is excused from further attendance unless the Court otherwise orders. 55 Personation of jurors A person shall not personate, or attempt to personate, a juror whose name is on a panel of jurors for the purpose of sitting as that juror. Maximum penalty: 17 penalty units. 56 Excess of fees A juror or reserve juror shall not, under pretence of receiving fees or remuneration for attending a trial, receive or take from any person a sum in excess of the compensation which he is entitled to receive under this Act for his attendance. Maximum penalty: 4 penalty units. Part XI Miscellaneous 58 Oath by jurors Jurors must take an oath in open court in accordance with the appropriate Form in Schedule 6. 59 Oath of officer in charge of jury An officer may take an oath, in accordance with the form in Schedule 6, to take charge of a jury. 60 Payment of jurors A juror summoned in pursuance of a precept, or a talesman who attends the Court, is, for each day during his attendance upon the Court, whether he has actually served upon a jury or not, entitled to receive payment for his attendance at the prescribed rate. 61 View during trial (1) In the trial of a civil issue with a jury, the Court may, at any time before the verdict of the jury, order a view of any place or property by the jury and may make all such orders upon the Sheriff or other person, and give such directions as the Court thinks necessary, for the purposes of the view. Part XI Miscellaneous Juries Act 1962 24 (3) When a view is ordered on the trial of a civil issue, the Court may direct that the expenses of the view shall be paid to such extent and by such person, in the first instance, as the Court orders. 62 Reduction of jury (1) If in any trial of a civil issue, the Court is satisfied that by reason of illness or a matter of special urgency or importance a juror should be excused from further attendance, the Court may order that the juror be excused from further attendance during the trial and such further period as the Court specifies. (2) Where a juror dies or is excused under subsection (1), the Court may, if the number of jurors is reduced to not less than 3, order that the trial shall proceed with the reduced number of jurors and the decision of those jurors shall be taken and entered as the verdict of all. 63 Food and refreshment In any trial, the Court may, at any time after the jury has been empanelled and whether or not it has retired to consider its verdict, order that the jury be supplied with such food and refreshment as the Court thinks fit and the Sheriff shall thereupon supply that food and refreshment at public expense. 65 Abolition of certain juries Special juries and juries de medietate linguae are abolished. 68 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act. (2) Without limiting the generality of subsection (1), the Regulations may provide for: (a) prescribing the fees to be paid under section 8; (b) prescribing the rates of payment under section 60; (c) prescribing the areas of land comprising respectively the jury districts of Darwin and Alice Springs; and (d) prescribing forms of acknowledgement, in answer to jury summonses, to be completed and returned to the sheriff. Part XII Transitional matter for Criminal Justice Legislation Amendment Act 2011 Juries Act 1962 25 Part XII Transitional matter for Criminal Justice Legislation Amendment Act 2011 69 Savings – exemption under section 11 An exemption in force under section 11(2) immediately before the commencement of the amendment of that section by the Criminal Justice Legislation Amendment Act 2011 continues to have effect as if that amendment had not been made. Schedule 1 Repeals Juries Act 1962 26 Schedule 1 Repeals section 4 Part I Number of Act Act Extent of Repeal No. 1 of 1862 The Jury Act, 1862 The whole No. 3 of 1865 The Jury Amendment Act, 1865 The whole No. 7 of 1865-6 An Act to amend the Jury Act, 1862 The whole No. 38 of 1876 The Criminal Law Consolidation Act, 1876 Sections 365, 366 and 367, so far as they apply to fines imposed upon jurors No. 116 of 1878 Supreme Court Act, 1878 Sections 22, 23 and 24 No. 379 of 1886 The Jury Act Amendment Act, 1886 The whole No. 511 of 1891 The Criminal Jurors Payment Act The whole No. 564 of 1893 An Act for the Continuance of Certain Juries and for other Purposes The whole No. 781 of 1902 The Jury Act Amendment Act, 1902 The whole No. 878 of 1905 The Jury Act Amendment Act, 1905 The whole No. 891 of 1905 The Juries Separation Act, 1905 The whole No. 923 of 1907 The Jury Act Further Amendment Act, 1907 The whole Schedule 1 Repeals Juries Act 1962 27 Part II Jury Ordinance 1912 Jury Ordinance 1919 Jury Ordinance (No. 2) 1919 Jury Ordinance 1926 Jury Ordinance 1936 Jury Ordinance 1938 Jury Ordinance 1952 Jury Ordinance 1953 Jury Ordinance 1954 Jurors and Witnesses Payment Ordinance 1947 Jurors and Witnesses Payment Ordinance 1952 Schedule 3 Jury precept Juries Act 1962 28 Schedule 3 Jury precept section 25 NORTHERN TERRITORY OF AUSTRALIA JURIES ACT 1962 JURY PRECEPT To the Sheriff, In pursuance of the Juries Act 1962, I order you to summon before the Supreme Court of the Northern Territory of Australia to be held at the Court House at on the day of , 19 , persons of the Territory qualified by law as jurors to make a jury for all such matters as shall be required of them and to return into the Supreme Court on that date: (a) this precept; (b) the names of the jurors summoned; (c) proof of the service, and of the time and the manner of service, of a summons on each of those jurors; and (d) a statement showing the reason why each of the other jurors chosen to be summoned, but not summoned, were not served with a summons. Given under my hand and seal at this day of , 19 . Judge Schedule 6 Oaths Juries Act 1962 29 Schedule 6 Oaths sections 58 and 59 OATH BY JUROR IN A CRIMINAL TRIAL "I [promise/swear etc. as required by Oaths, Affidavits and Declarations Act 2010] to faithfully try the several issues joined between [Sovereign's name] and the inmate(s) at the bar and will give a true verdict according to the evidence. [So help me God! or as appropriate]" OATH BY JUROR IN CIVIL TRIAL "I [promise/swear etc. as required by Oaths, Affidavits and Declarations Act 2010] to faithfully try the issues and assess the damages in all causes that may be brought before me for trial or inquiry and will give a true verdict according to the evidence. [So help me God! or as appropriate]" OATH OF OFFICER IN CHARGE OF JURY "I [promise/swear etc. as required by Oaths, Affidavits and Declarations Act 2010] that I will keep this jury in my custody and suffer no one to speak to them nor speak to them myself except on some necessary occasion having reference to their health, business or family affairs. [So help me God! or as appropriate]" Schedule 7 Persons exempt from service as jurors Juries Act 1962 30 Schedule 7 Persons exempt from service as jurors section 11 the Administrator the Administrator's official secretary the secretary of the Executive Council a person who holds, or has, within the previous 10 years, held, a judicial office a spouse or a de facto partner of a Judge a member of the Legislative Assembly the Ombudsman, and an employee within the meaning of the Public Sector Employment and Management Act 1993 who is employed in the Office of the Ombudsman a person regularly employed on duties on board aircraft used in aerial ambulance services a legal practitioner an articled clerk or graduate clerk of a legal practitioner a clergyman in holy orders, a priest of the Roman Catholic faith and a minister of religion having an established congregation a monk, nun or other vowed member of a religious community a person registered under the Health Practitioner Regulation National Law: (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession a practising medical practitioner a member of the Parole Board within the meaning of the Parole Act 1971 the secretary of the Parole Board within the meaning of the Parole Act 1971 a member of the Police Force of the Northern Territory Schedule 7 Persons exempt from service as jurors Juries Act 1962 31 a correctional services officer (as defined in section 4 of the Correctional Services Act 2014) an employee as defined in the Public Sector Employment and Management Act 1993 who is employed in an Agency primarily responsible for law and the administration of justice, correctional services or the administration of courts or who is under the direct control of the Commissioner of Police a person employed by the Legal Aid Commission within the meaning of the Legal Aid Act 1990 an employee as defined in the Public Sector Employment and Management Act 1993 who is employed in the Office of the Director of Public Prosecutions a person with a disability as defined in section 2(1) of the Disability Services Act 1993 who, as a result of that disability, is incapable of discharging the duties of a juror a person who is not liable to serve as a juror by virtue of, or who is exempted from service as a juror under, the Jury Exemption Act 1965 of the Commonwealth ENDNOTES Juries Act 1962 32 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Juries Ordinance 1962 (Act No. 30, 1963) Assent date 8 May 1963 Commenced 13 May 1963 (Gaz 18B, 7 May 1963, p 92B) Juries Ordinance 1963 (Act No. 33, 1963) Assent date 26 April 1963 Commenced 13 May 1963 (s 2, s 2 Juries Ordinance 1962 (Act No. 30, 1963) and Gaz 18B, 7 May 1963, p 92B) Juries Ordinance 1965 (Act No. 23, 1965) Assent date 16 August 1965 Commenced 16 August 1965 Juries Ordinance 1967 (Act No. 17, 1967) Assent date 22 June 1967 Commenced 22 June 1967 Juries Ordinance 1970 (Act No. 36, 1970) Assent date 1 October 1970 Commenced 1 October 1970 Juries Ordinance 1972 (Act No. 1, 1972) Assent date 13 March 1972 Commenced 13 March 1972 ENDNOTES Juries Act 1962 33 Ordinances Revision Ordinance 1973 (Act No. 87, 1973) Assent date 11 December 1973 Commenced 11 December 1973 (s 12(2)) Amending Legislation Ordinances Revision Ordinance 1974 (Act No. 34, 1974) Assent date 26 August 1974 Commenced 11 December 1973 (s 3(2)) Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974) Assent date 24 October 1974 Commenced 11 December 1973 (s 3) Ordinances Revision Ordinance 1976 (Act No. 27, 1976) Assent date 28 June 1976 Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 Juries Ordinance 1974 (Act No. 30, 1974) Assent date 26 August 1974 Commenced 26 August 1974 Juries Ordinance (No. 2) 1974 (Act No. 60, 1974) Assent date 15 October 1974 Commenced 15 October 1974 Juries Ordinance 1978 (Act No. 63, 1978) Assent date 1 July 1978 Commenced 19 January 1979 (Gaz G3, 19 January 1979, p 4) Statute Law Revision Act 1978 (Act No. 95, 1978) Assent date 5 September 1978 Commenced 5 September 1978 Juries Act 1979 (Act No. 123, 1979) Assent date 15 October 1979 Commenced 16 January 1980 (Gaz S3, 16 January 1980, p 1) Juries Act 1980 (Act No. 10, 1980) Assent date 12 February 1980 Commenced 12 February 1980 Juries Amendment Act 1982 (Act No. 51, 1982) Assent date 1 September 1982 Commenced 10 December 1982 (Gaz G49, 10 December 1982, p 4) Juries (Criminal Code) Amendment Act 1983 (Act No. 63, 1983) Assent date 28 November 1983 Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5) Juries Amendment Act 1987 (Act No. 49, 1987) Assent date 16 November 1987 Commenced 16 November 1987 ENDNOTES Juries Act 1962 34 Statute Law Revision Act (No. 2) 1987 (Act No. 59, 1987) Assent date 31 December 1987 Commenced 31 December 1987 Juries Amendment Act 1989 (Act No. 57, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Director of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29, 1990) Assent date 11 June 1990 Commenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions Act 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991, p 9) Juries Amendment Act 1990 (Act No. 63, 1990) Assent date 14 December 1990 Commenced 14 December 1990 Dental (Consequential Amendments) Act 1991 (Act No. 75, 1991) Assent date 10 December 1991 Commenced 31 January 1992 (Gaz S7, 31 January 1992) Juries Amendment Act 1992 (Act No. 73, 1992) Assent date 14 December 1992 Commenced 14 December 1992 Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Juries Amendment Act 1996 (Act No. 19, 1996) Assent date 17 June 1996 Commenced 1 July 1997 (Gaz G25, 25 June 1997, p 2) Statute Law Revision Act 1996 (Act No. 42, 1996) Assent date 17 September 1996 Commenced 17 September 1996 Juries Amendment Act 1997 (Act No. 6, 1997) Assent date 26 March 1997 Commenced 11 May 1997 (s 2, s 2 Criminal Code Amendment Act 1997 (Act No. 4, 1997) and Gaz G18, 17 May 1997, p 2) Juries Amendment Act 1998 (Act No. 16, 1998) Assent date 30 March 1998 Commenced 1 June 1998 (Gaz G18, 13 May 1998, p 2) ENDNOTES Juries Act 1962 35 Legal Aid Amendment Act 1998 (Act No. 78, 1998) Assent date 21 October 1998 Commenced 1 January 1999 (Gaz G45, 18 November 1998, p 4) Mental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11, 1999) Assent date 25 March 1999 Commenced 1 February 2000 (s 2, s 2 Mental Health and Related Services Act 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000, p 2) Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Statute Law Revision Act 2000 (Act No. 19, 2000) Assent date 6 June 2000 Commenced s 6: 4 December 1999 (s 2); rem: 12 July 2000 (Gaz G27, 12 July 2000, p 2) Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002) Assent date 7 November 2002 Commenced 7 November 2002 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Electoral (Consequential Amendments) Act 2004 (Act No. 12, 2004) Assent date 1 March 2004 Commenced 15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004) and Gaz S6, 15 March 2004) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Defamation Act 2006 (Act No. 8, 2006) Assent date 26 April 2006 Commenced 26 April 2006 Justice Legislation Amendment Act 2007 (Act No. 5, 2007) Assent date 24 April 2007 Commenced s 37 (except amd of Criminal Code and Legal Profession Act 2006): 1 May 2007; rem: 24 April 2007 (s 2(1), s 2 Victims of Crime Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7) Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (s 2(1)); rem: 17 May 2007 (Gaz G26, 27 June 2007, p 3) ENDNOTES Juries Act 1962 36 Justice Legislation Amendment Act 2008 (Act No. 2, 2008) Assent date 11 March 2008 Commenced pt 6: 1 May 2008 (Gaz G17, 30 April 2008, p 5); rem: 2 April 2008 (Gaz G13, 2 April 2008, p 6) Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Criminal Justice Legislation Amendment Act 2011 (Act No. 32, 2011) Assent date 15 November 2011 Commenced 15 February 2012 (Gaz G7, 15 February 2012, p 6) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016) Assent date 7 June 2016 Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act No. 15, 2016) and Gaz S74, 27 July 2016, p 1) Guardianship of Adults Act 2016 (Act No. 15, 2016) Assent date 7 June 2016 Commenced 28 July 2016 (Gaz S74, 27 July 2016, p 1) Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017) Assent date 5 September 2017 Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1) Expungement of Historical Homosexual Offence Records Act 2018 (Act No. 8, 2018) Assent date 23 May 2018 Commenced 14 November 2018 (Gaz G46, 14 November 2018, p 1) Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) ENDNOTES Juries Act 1962 37 Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022) Assent date 31 October 2022 Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50, 21 December 2022, p 1) Criminal Code Amendment (Age of Criminal Responsibility) Act 2022 (Act No. 30, 2022) Assent date 16 December 2022 Commenced 1 August 2023 (Gaz S50, 24 July 2023) Statute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023) Assent date 20 April 2023 Commenced 21 April 2023 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 9 Juries Ordinance 1974 (Act No. 30, 1974) s 6 Juries Ordinance (No. 2) 1974 (Act No. 60, 1974) s 13(2) Juries Act 1979 (Act No. 123, 1979) s 4 Juries Amendment Act 1982 (Act No. 51, 1982) s 4 Juries Amendment Act 1990 (Act No. 63, 1990) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: ss 4 – 8, 11, 14, 17, 21, 23, 25, 28-33, 37, 39 – 41, 44, 46, 48 – 59, 61, 62, 66 – 68 and Second to Fifth schs. 5 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5 and 10 and Sch 3, 6 and 7. 6 CORRECTED PROVISION Section 10(1) and (3)(c) as amended by the Juries Amendment Act 1989 (Act No. 57, 1989) was incorrectly revised in reprints as at the commencement of that amendment Act until and including the reprint printed as in force at 2 April 2008. 6 LIST OF AMENDMENTS lt amd No. 57, 1989, s 18 ss 1 – 2 amd No. 57, 1989, s 18 s 3 rep No. 123, 1979, s 4 s 4 amd No. 123, 1979, s 5; No. 57, 1989, s 18 ENDNOTES Juries Act 1962 38 s 5 amd No. 30, 1974, s 3; No. 123, 1979, ss 6 and 15; No. 51, 1982, s 5; No. 57, 1989 s 18; No. 73, 1992, s 3; No. 19, 1996, s 4; No. 19, 2000, s 5; No. 12, 2004, s 6; No. 8, 2016, s 45; No. 18, 2017, s 36 s 6 amd No. 57, 1989, s 18 s 6A ins No. 8, 2006, s 54 s 7 amd No. 23, 1965, s 2 sub No. 17, 1967, s 2 amd No. 57, 1989, s 18; No. 8, 2006, s 55 s 8 sub No. 17, 1967, s 2 amd No. 123, 1979, s 15; No. 40, 2010, s 52 s 9 sub No. 30, 1974, s 4 amd No. 123, 1979, s 15 sub No. 57, 1989, s 3 s 10 sub No. 123, 1979, s 7 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 s 11 amd No. 36, 1970, s 2; No. 1, 1972, s 2; No. 30, 1974, s 5; No. 60, 1974, s 3; No. 63, 1978, s 4 sub No. 123, 1979, s 8 amd No. 57, 1989, s 18 sub No. 2, 2008, s 10 amd No. , 2011, s16 s 11A ins No. 30, 1974, s 6 sub No. 123, 1979, s 8 rep No. 57, 1989, s 5 s 12 amd No. 57, 1989, s 6 s 13 amd No. 40, 2010, s 53 s 14 sub No. 57, 1989, s 7 s 15 amd No. 123, 1979, s 15 sub No. 57, 1989, s 7 amd No. 18, 2017, s 36; No. 10, 2018, s 6 ss 16 – 17 amd No. 123, 1979, s 15 rep No. 57, 1989, s 7 s 17A ins No. 51, 1982, s 6 amd No. 57, 1989, s 8; No. 18, 2017, s 36 s 18 amd No. 123, 1979, s 15 rep No. 57, 1989, s 9 s 18A ins No. 123, 1979, s 9 amd No. 51, 1982, s 7 rep No. 57, 1989, s 9 s 18AB ins No. 51, 1982, s 8 amd No. 57, 1989, s 18 s 19 amd No. 57, 1989, s 18 s 20 amd No. 30, 1974, s 7 sub No. 60, 1974, s 4 s 21 amd No. 23, 1965, s 3; No. 30, 1974, s 8; No. 51, 1982, s 9; No. 57, 1989, s 10; No. 63, 1990, s 2 s 22 rep No. 57, 1989, s 11 s 22A ins No. 51, 1982, s 10 rep No. 57, 1989, s 11 s 24 amd No. 123, 1979, s 15 s 25 amd No. 123, 1979, s 15; No. 57, 1989, s 18 s 26 amd No. 123, 1979, s 15 s 27 amd No. 123, 1979, s 15; No. 51, 1982, s 11 sub No. 57, 1989, s 12 s 27A ins No. 123, 1979, s 10 amd No. 57, 1989, s 18; No. 18, 2017, s 36 ENDNOTES Juries Act 1962 39 s 28 amd No. 33, 1963, s 3; No. 23, 1965, s 4; No. 123, 1979, s 15 rep No. 51, 1982, s 12 s 29 amd No. 57, 1989, s 18; No. 27, 1999, s 5 ss 30 – 31 amd No. 123, 1979, s 15 rep No. 51, 1982, s 13 s 32 amd No. 123, 1979, s 15 sub No. 51, 1982, s 14 amd No. 57, 1989, s 13; No. 73, 1992, s 4; No. 19, 1996, s 5; No. 19, 2000, s 5 s 33 amd No. 123, 1979, s 15; No. 51, 1982, s 15; No. 57, 1989, s 14; No. 19, 1996, s 6; No. 19, 2000, s 5 s 36 amd No. 123, 1979, s 15; No. 57, 1989, s 18; No. 18, 2017, s 36 pt VII hdg amd No. 40, 2010, s 54 s 37 amd No. 51, 1982, s 16; No. 57, 1989, s 18; No. 29, 1990, s 7; No. 73, 1992, s 5; No. 19, 1996, s 7; No. 19, 2000, s 5; No. 40, 2010, s 55; No. 27, 2014, s 57 s 37A ins No. 51, 1982, s 17 amd No. 6, 1997, s 3 s 38 amd No. 29, 1990, s 7; No. 19, 1996, s 8; No. 19, 2000, s 5 s 39 amd No. 57, 1989, s 18; No. 19, 1996, s 9; No. 19, 2000, s 5; No. 40, 2010, s 56 s 40 amd No. 123, 1979, s 15; No. 19, 1996, s 10 s 41 amd No. 123, 1979, s 15 s 42 amd No. 57, 1989, s 18 s 43 sub No. 51, 1982, s 18 amd No. 29, 1990, s 7 s 45 rep No. 63, 1983, s 4 s 48 sub No. 123, 1979, s 11 amd No. 51, 1982, s 19 rep No. 63, 1983, s 4 s 49A ins No. 16, 1998, s 3 amd No. 5, 2007, s 20; No. 12, 2010, s 3; No. 18, 2010, s 89 s 49B ins No. 16, 1998, s 3 amd No. 5, 2007, s 21; No. 12, 2010, s 3; No. 18, 2010, s 89 s 50 amd No. 57, 1989, s 18; No. 12, 2010, s 3 s 51 amd No. 123, 1979, s 15; No. 57, 1989, s 18; No. 12, 2010, s 3 s 52 rep No. 57, 1989, s 15 ins No. 73, 1992, s 6 amd No. 12, 2010, s 3 s 53 amd No. 123, 1979, s 15 rep No. 57, 1989, s 15 s 55 amd No. 57, 1989, s 18; No. 12, 2010, s 3 s 56 amd No. 51, 1982, s 20; No. 57, 1989, s 18; No. 12, 2010, s 3 s 57 amd No. 51, 1982, s 21 rep No. 63, 1983, s 4 s 58 amd No. 57, 1989, s 18; No. 40, 2010, s 57 s 59 sub No. 57, 1989, s 16 amd No. 40, 2010, s 58 s 61 amd No. 123, 1979, s 15; No. 63, 1983, s 5 s 62 amd No. 33, 1963, s 4; No. 123, 1979, s 12; No. 51, 1982, s 22; No. 63, 1983, s 6 s 63 amd No. 40, 2010, s 59 s 64 amd No. 10, 1980, s 2 rep No. 63, 1983, s 7 s 66 amd No. 57, 1989, s 18 rep No. 40, 2010, s 60 s 67 rep No. 123, 1979, s 13 s 68 amd No. 60, 1974, s 5; No. 95, 1978, s 14 sub No. 51, 1982, s 23 ENDNOTES Juries Act 1962 40 pt XII hdg ins No. 32, 2011, s 17 s 69 ins No. 32, 2011, s 17 sch 1 amd No. 57, 1989, s 18; No. 21, 2022, s 6 sch 2 rep No. 57, 1989, s 18 sch 3 amd No. 57, 1989, s 18; No. 21, 2022, s 7 sch 4 amd No. 57, 1989, s 18 rep No. 27, 1999, s 5 sch 5 rep No. 57, 1989, s 18 sch 6 amd No. 63, 1983, s 8; No. 59, 1987, s 5; No. 57, 1989, ss 17 and 18; No. 40, 2010, s 61; No. 21, 2022, s 8; No. 10, 2023, s 5 sch 7 ins No. 123, 1979, s 14 amd No. 52, 1982, s 24; No. 49, 1987, s 2; No. 57, 1989, s 18; No. 29, 1990, s 4; No. 75, 1991, s 3; No. 73, 1992, s 7; No. 28, 1993, s 3; No. 42, 1996, s 6; No. 6, 1997, s 4; No. 78, 1998, s 14; No. 59, 2002, s 5; No. 1, 2004, s 62; No. 44, 2005, s 22; No. 7, 2007, s 16; No. 2, 2008, s 11; No. 18, 2010, s 89; No. 27, 2014, s 57; No. 21, 2022, s 9