1Juries Act 1967

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Juries Act 1967 A1967-47 Republication No 34 Effective: 19 October 2024 Republication date: 19 October 2024 Last amendment made by A2024-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Juries Act 1967 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 October 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 October 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). R34 19/10/24 Juries Act 1967 Effective: 19/10/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Juries Act 1967 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 4 Offences against Act—application of Criminal Code etc 2 Part 2 Number of jurors 7 Number of jurors 3 8 Reduced number of jurors 3 Part 3 Liability for jury service 9 Liability to serve as jurors 4 11 Disqualified people, exempt people and people who may claim exemption 4 13 Liability of disqualified or exempted persons to attend as jurors 4 Contents Page contents 2 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Excusing of jurors 5 15 Partners or coworkers as jurors 5 16 Reasonable support because of insufficient understanding or disability 5 17 Excusing person if liability in doubt 7 18 Impeachment of verdict of jury 7 18A Relief from jury service 7 Part 4 Jury list 19 Jury list 9 Part 5 Jury precepts and summonses 21 Meaning of sheriff in pt 5 10 22 Jury precepts 10 24 Choosing jurors 10 26 Service of jury summonses 12 26A Application for withdrawal of summons 13 27 Preparation of jury pool, allocation of identifying numbers and excused jurors 13 27A Record of identifying numbers 14 28 Sheriff’s return to precept 14 29 Inspection of jury pools 14 30 Informalities etc not to invalidate verdict 14 Part 6 Empanelling jury for criminal trial 31 Empanelling a jury 15 31A Expanded juries in some criminal trials 16 Part 7 Challenge 33 Standing persons by 17 34 Challenges at criminal trials 17 35 Time for challenging at criminal trials 17 36A Trial of challenge for cause 17 37 Informality in summoning jurors 18 Part 8 Disagreement of jury 37A Definitions—pt 8 19 Contents Page R34 19/10/24 Juries Act 1967 Effective: 19/10/24 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 38 Majority verdict sufficient for offences against territory laws at certain criminal trials 19 39 Discharge of jury where no verdict likely to be reached 19 40 Adjournment of trial on discharge of jury for disagreement 20 Part 9 Offences 41 Nonattendance 21 42 Leaving without permission 21 42A Failing to comply with conditions 21 42B Contravention of s 41, s 42 and s 42A 22 42BA Improper inquiry by juror about matters relevant to trial 23 42C Confidentiality of jury deliberations and identities 25 43 Personation of jurors 28 44AA Unlawful dismissal etc of employees for jury service 29 44AB Acts and omissions of representatives 30 Part 10 Miscellaneous 45 Oath by jurors 31 45A Oath by interpreter 31 45B Oath by support person 31 46 Oath by person in charge of jury 31 46A Information for jurors 31 47 View during trial 32 49 Food and refreshment for jury 32 51 Payment of jurors 33 51A Payment of juror’s expenses 33 52 Regulation-making power 34 Schedule 1 35 Part 1.1 35 Juror’s oath 35 Juror’s affirmation 35 Part 1.1A 36 Interpreter’s oath 36 Contents Page contents 4 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Interpreter’s affirmation 36 Part 1.1B 37 Supporter’s oath 37 Supporter’s affirmation 37 Part 1.2 38 Oath by person in charge of jury 38 Affirmation by person in charge of jury 38 Part 1.3 39 Oath by person in charge of jurors on a view 39 Affirmation by person in charge of jurors on a view 39 Part 1.4 40 Oath by person appointed to conduct a view 40 Affirmation by person appointed to conduct a view 40 Dictionary 41 Endnotes 1 About the endnotes 43 2 Abbreviation key 43 3 Legislation history 44 4 Amendment history 51 5 Earlier republications 58 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Juries Act 1967 An Act relating to juries Part 1 Preliminary Section 1 page 2 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Juries Act 1967. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 42BA (Improper inquiry by juror about matters relevant to trial). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. Number of jurors Part 2 Section 7 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Number of jurors 7 Number of jurors At a criminal trial, a jury must consist of 12 jurors. 8 Reduced number of jurors (1) If the judge is satisfied that, because of illness or other sufficient cause, a juror should not continue to act as a juror, the judge may order that the juror be excused from further attendance during the trial and during any further period that the judge specifies in the order. (2) Where, because of the death of a juror or of a juror being excused under subsection (1), the number of jurors is reduced to not less than 10, the trial shall, if the judge so orders and notwithstanding section 7, continue with the reduced number of jurors, and the verdict of those jurors shall be a sufficient verdict. (3) If, at a criminal trial— (a) the number of jurors is reduced to 11 or 10 and the judge does not make an order under subsection (2); or (b) the number of jurors is reduced to less than 10; the judge shall discharge the remaining jurors and shall adjourn the trial to a date fixed by the judge or to be fixed as the judge orders. Part 3 Liability for jury service Section 9 page 4 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Liability for jury service 9 Liability to serve as jurors Each person whose name is on the roll of electors of the ACT is, unless he or she is a disqualified person or is exempt from serving as a juror, liable to serve as a juror. 11 Disqualified people, exempt people and people who may claim exemption A regulation may prescribe a person who— (a) is disqualified from serving as a juror; or (b) is exempt from serving as a juror; or (c) may claim an exemption from serving as a juror. 13 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 because of his or her not being liable to serve, his or her not being qualified to serve, or his or her being exempted from serving, as a juror unless the sheriff was, after the issue of the jury summons, informed accordingly and has excused the person from attendance. Liability for jury service Part 3 Section 14 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Excusing of jurors (1) This section applies if a judge or the sheriff is satisfied that a person summoned or appointed to attend to serve as a juror has shown sufficient reason to be excused from attendance. Examples—sufficient reason 1 pregnancy 2 illness 3 the person has care of children or of aged or ill people (2) The judge or the sheriff may, at any time after service of the summons or the appointment, excuse the person from attendance or further attendance on the Supreme Court during the period that the judge or sheriff states. 15 Partners or coworkers as jurors (1) This section applies if a judge or the sheriff is satisfied that 2 or more people who have been summoned or appointed to attend as jurors on the same day are employed in the same establishment or are partners in the same partnership. (2) The judge or the sheriff may excuse 1 or more of them from attending as jurors on that day if satisfied that attendance would substantially inconvenience or adversely impact the establishment or partnership. 16 Reasonable support because of insufficient understanding or disability (1) This section applies if a judge is satisfied that a person summoned or appointed to attend to serve as a juror, and who has not claimed an exemption or otherwise been excused from attendance, may be unable to properly discharge the duties of a juror, because the person— (a) has an insufficient understanding of the English language; or (b) is suffering from a mental or physical disability. Part 3 Liability for jury service Section 16 page 6 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The judge— (a) must consider if support that would enable the person to properly discharge the duties of a juror can reasonably be given; and (b) if satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, must make a direction that the support be given. Examples—support 1 an interpreter, including an Auslan interpreter 2 an assistance animal, disability aid or support person (3) To determine if support can reasonably be given, the judge may consider the following: (a) whether the support would impose a disproportionate or undue burden on court resources, facilities and time frames; (b) if the support would require a non-juror being present during jury deliberations, whether the non-juror’s presence would inhibit or restrict discussion, or unduly pressure or influence any juror; (c) any other issue the judge considers relevant. (4) If the judge makes a direction allowing an interpreter or support person to assist the person to properly discharge the duties of a juror— (a) the common law rule against having a non-juror in the jury room is not a relevant consideration; and (b) a direction to allow a non-juror to be present during jury deliberations is solely for assisting the person to properly discharge the duties of a juror; and (c) the direction is subject to the interpreter or support person agreeing to make an oath or affirmation in accordance with schedule 1, part 1.1A or part 1.1B. Liability for jury service Part 3 Section 17 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If the judge is not satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, the judge may discharge that person from further attendance on the Supreme Court under that summons or appointment. 17 Excusing person if liability in doubt If, in the opinion of a judge, it is doubtful whether a person summoned or appointed to attend to serve as a juror is liable to serve as a juror, the judge may excuse that person from further attendance on the Supreme Court. 18 Impeachment of verdict of jury The verdict of a jury shall not be impeached on the grounds that a person who served as a juror was not liable to serve, was not qualified to serve, or was exempt from serving, as a juror unless the judge was informed accordingly before that person was sworn. 18A Relief from jury service (1) A person who has, during the currency of a jury list, been summoned or appointed to attend to serve as a juror is excused from serving as a juror until a jury list is next prepared in accordance with section 19. (2) Despite subsection (1), if at the conclusion of a trial, the judge is of the opinion that the trial was of sufficient length to justify so doing, the judge may order that each of the jurors for that trial shall be excused from serving as a juror for a specified further period. (3) Subject to subsection (4), if a person has been excused from serving as a juror under subsection (1) or (2), the sheriff shall take the steps that are necessary to ensure that the person is not summoned or appointed to attend to serve as a juror before the end of the period for which the person is excused. Part 3 Liability for jury service Section 18A page 8 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If a person who has been excused from serving as a juror under subsection (1) or (2) notifies the sheriff in writing that he or she wishes to be included on the jury list, the person ceases to be excused from serving as a juror and the sheriff shall include the person on the jury list. Jury list Part 4 Section 19 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Jury list 19 Jury list (1) The sheriff shall, at the prescribed times and at any other times the sheriff considers necessary, prepare a list of the names of persons liable to serve as jurors. (2) In preparing the jury list under subsection (1), the sheriff shall remove from the roll of electors of the ACT the name of each person who, to the knowledge of the sheriff, is dead, is not qualified to serve as a juror or is exempt or excused from so serving. (3) The jury list may be kept electronically. (4) For subsection (1), the following times are prescribed: (a) as soon as practicable after the commencement of this section; (b) once in each 2 year period afterwards. Part 5 Jury precepts and summonses Section 21 page 10 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Jury precepts and summonses 21 Meaning of sheriff in pt 5 In this part: sheriff includes any person exercising the functions of the sheriff in accordance with the Supreme Court Act 1933, section 52. 22 Jury precepts From time to time and as often as necessary, a judge shall issue, by signed writing, a precept directed to the sheriff requiring him or her to summon persons to attend on the Supreme Court to serve as jurors. Note See approved form 1 (Jury precept), approved under the Court Procedures Act 2004, s 8. 24 Choosing jurors (1) If a jury precept is given to the sheriff, the sheriff shall choose from the names on the jury list as many persons as he or she considers necessary to ensure that the number of persons that the jury precept requires to attend to serve as jurors will be in attendance at the Supreme Court at the time specified in the precept. (2) If it appears to the sheriff that— (a) a person whose name has been so chosen is dead, is exempt or excused from serving as a juror or has become a disqualified person; or (b) there are reasonable grounds for believing that it is unlikely that a person whose name has been so chosen will be served with the jury summons; the sheriff shall choose, in substitution for the name previously chosen, the name of another person whose name appears on the jury list. Jury precepts and summonses Part 5 Section 24 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) For subsection (1) and (2), the names must be chosen randomly (whether by electronic or other means). (4) The sheriff shall prepare, and give a police officer a copy of, a list of the names chosen under subsection (1) or (2) (the jury roll). (5) A police officer may make the inquiries that the police officer considers appropriate to determine whether any person whose name is included on the jury roll is a disqualified person and the officer must report in writing, electronically or otherwise, the result of the inquiries to the sheriff. (6) A person shall not, except in the exercise of a function under, or otherwise for, a law in force in the ACT, either directly or indirectly, make a record of, or divulge or communicate to any person, information obtained in the course of inquiries referred to in subsection (5). (7) If it appears to the sheriff, after considering a report under subsection (5), that a person whose name is included on the jury roll is a disqualified person, the sheriff must remove the name of the person from the jury roll and jury list. (8) The sheriff must remove the name of a person from the jury roll if it appears to the sheriff, after considering a report made under subsection (5) that— (a) the person is not a disqualified person but has been convicted of an offence punishable on summary conviction; and (b) having regard to the regulation, schedule 1, part 1.2, (Disqualified people) and the nature and seriousness of the offence, the person would be unable to adequately exercise the functions of a juror. Part 5 Jury precepts and summonses Section 26 page 12 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (9) If the sheriff removes the name of a person from the jury roll under subsection (8), the sheriff must, by written notice sent by post addressed to the person at the person’s last known address, advise the person that their name has been removed and that the person may object to the removal by written application to a judge. (10) If a person makes an application under subsection (9), the judge must fix a date and time for the hearing of the application and notify the applicant and sheriff of the date and time. (11) If the judge decides that an applicant’s name should not have been removed from the jury roll, the sheriff must put the applicant’s name back on the jury roll. (12) An action or proceeding, civil or criminal, does not lie against a police officer personally for or in relation to any act done by the officer in good faith in connection with the making of a report under subsection (5). 26 Service of jury summonses A jury summons may be served— (a) by giving it to the person named on it, or by leaving it with a person apparently over 16 years old at that person’s place of living as shown on the jury list, not less than 4 clear days before the date when the person is required to attend; or (b) by sending it by post (under prepaid postage) in an envelope addressed to the person at his or her place of living as shown on the jury list not less than 7 clear days before the date when the person is required to attend. Note See approved form 2 (Jury summons), approved under the Court Procedures Act 2004, s 8. Jury precepts and summonses Part 5 Section 26A R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26A Application for withdrawal of summons (1) If a person has been served with a jury summons and has informed the sheriff that the person believes he or she is not qualified to serve as a juror or is exempt or excused from jury service, the sheriff shall— (a) if the sheriff believes that the person is not qualified to serve as a juror or is exempt or excused from jury service—withdraw the summons; or (b) refuse to withdraw the summons. (2) If the sheriff has refused to withdraw a summons under subsection (1) (b), the person summoned may apply in writing to a judge for a review of the decision. (3) The judge shall fix a date and time for the hearing of the application and shall cause the applicant and the sheriff to be notified accordingly. (4) The sheriff shall revise the jury list so that it accords with the decision of the judge. 27 Preparation of jury pool, allocation of identifying numbers and excused jurors (1) The sheriff must— (a) prepare a pool of jurors for the jury precept by listing the names of people who have been served with a jury summons and have not been disqualified, excused or exempted from serving as a juror (the jury pool); and (b) allocate a unique number (an identifying number) to each person in the jury pool. (2) The sheriff must also notify any person who is excused from attendance on the Supreme Court in compliance with the requirements of the jury summons. Part 5 Jury precepts and summonses Section 27A page 14 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27A Record of identifying numbers (1) The sheriff must keep a record of the identifying numbers for each jury pool. (2) The record must be kept in a way that maintains its confidentiality. 28 Sheriff’s return to precept On the day and at the time stated in a jury precept for the attendance of the people summoned under the jury precept, the sheriff must return into the Supreme Court the jury precept and must give it to the proper officer together with the jury pool. 29 Inspection of jury pools (1) Except by leave of the Supreme Court, a person must not, before the day fixed for a trial, inspect or obtain a copy of the jury pool for the trial. (2) The legal practitioner representing the prosecution, the accused or the accused person’s legal practitioner may, on the day fixed for a trial, inspect or obtain from the sheriff a copy of the jury pool for the trial. 30 Informalities etc not to invalidate verdict An omission, informality or error in name, occupation or identifying number (if there is no question of identity) in relation to the jury list, a jury precept or a jury pool does not invalidate or affect any verdict returned by a jury that is in other respects according to law. Empanelling jury for criminal trial Part 6 Section 31 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Empanelling jury for criminal trial 31 Empanelling a jury (1) At the beginning of a criminal trial, the proper officer must randomly choose, whether by electronic or other means, the identifying number for a person in the jury pool and call aloud the identifying number chosen until 12 people have entered the jury box. (2) A person called must enter the jury box unless prevented by challenge or otherwise. (3) If all the identifying numbers are called and fewer than 12 people have entered the jury box, the judge may order the sheriff to appoint people who are in or near the Supreme Court and are liable to serve as jurors to attend to serve as jurors. (4) If a person is appointed under subsection (3), the following provisions apply: (a) the name of a person is taken to have been returned on the jury precept and to have been included in the jury pool; (b) the sheriff must allocate a unique number (an identifying number) to the person; (c) the person may be challenged in the same way as the people whose names were included in the jury panel. (5) The 12 people who have entered the jury box are, when sworn, the jury for the criminal trial. (6) If a person’s identifying number has been called but the person is not sworn, the person’s name remains in the jury pool when the jury is sworn. (7) When the verdict of the jury has been given and recorded or the jury has been discharged, whichever happens first, the identifying numbers must, unless the Supreme Court otherwise orders, be returned to the jury pool. Part 6 Empanelling jury for criminal trial Section 31A page 16 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 31A Expanded juries in some criminal trials (1) If a judge considers it appropriate, he or she may direct that a specified number of jurors, greater than 12 and less than 17, be empanelled for a criminal trial. (2) If a judge gives a direction under subsection (1), this Act (other than this section) applies in relation to the trial as if references to 12 jurors or persons were references to as many jurors or persons as are equal to the number of jurors directed to be empanelled. (3) If a judge gives a direction under subsection (1), section 34 applies in relation to the trial as if references in section 34 (1) (a) and (2) (a) to 8 peremptory challenges were— (a) if the judge directs that 13 or 14 jurors be empanelled— references to 9 peremptory challenges; or (b) if the judge directs that 15 jurors be empanelled—references to 10 peremptory challenges; or (c) if the judge directs that 16 jurors be empanelled—references to 11 peremptory challenges. (4) If, immediately before a jury is to retire to consider its verdict, the jury consists of more than 12 jurors, the proper officer must select the jurors to be discharged by randomly selecting, by electronic or other means, identifying numbers one at a time until 12 jurors remain unselected. (5) If a juror is selected under subsection (4), the name of the juror is returned to the jury pool unless the Supreme Court orders otherwise. Challenge Part 7 Section 33 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Challenge 33 Standing persons by (1) At a criminal trial, the Supreme Court may, at the request of the legal practitioner representing the prosecution, order a person called to stand by until all identifying numbers are called. (2) If all the identifying numbers are called and fewer than 12 people have entered the jury box, the identifying numbers for the people who have been ordered to stand by must be returned to the jury pool and again randomly chosen from the jury pool in accordance with section 31. 34 Challenges at criminal trials (1) At a criminal trial, the Crown is entitled— (a) to 8 peremptory challenges; and (b) to any number of challenges for cause. (2) At a criminal trial, the accused or his or her legal practitioner is entitled— (a) to 8 peremptory challenges; and (b) to any number of challenges for cause. 35 Time for challenging at criminal trials At a criminal trial, a challenge shall be made as the person called comes to, and before he or she enters, the jury box. 36A Trial of challenge for cause A challenge for cause shall be tried by the judge presiding at the trial at which the challenge is made. Part 7 Challenge Section 37 page 18 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Informality in summoning jurors An omission, irregularity or error by the sheriff or any of his or her officers in relation to the time or mode of service of a summons on a person under a jury precept, or the summoning or return of such a person by a wrong name (if there is no question of identity) is not a cause of challenge. Disagreement of jury Part 8 Section 37A R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Disagreement of jury 37A Definitions—pt 8 In this part: majority verdict, of a jury consisting of 12 jurors, means a verdict agreed by 11 jurors. unanimous verdict, of a jury, means a verdict agreed by all jurors. 38 Majority verdict sufficient for offences against territory laws at certain criminal trials (1) This section applies in relation to a verdict of a jury at a criminal trial if— (a) the verdict is for an offence against a territory law; and (b) the jury has retired to consider the verdict; and (c) the jury consists of 12 jurors. (2) A majority verdict is a sufficient verdict, and must be taken to be the verdict of the jury, if the judge is satisfied— (a) that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and (b) after examination on oath of 1 or more jurors, that the jury is not likely to reach a unanimous verdict. 39 Discharge of jury where no verdict likely to be reached If a jury has retired to consider its verdict at a criminal trial, the judge may discharge the jury if the judge is satisfied— (a) that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and Part 8 Disagreement of jury Section 40 page 20 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) after examination on oath of 1 or more jurors, that the jury is not likely to reach— (i) a unanimous verdict; or (ii) if a majority verdict would be a sufficient verdict under section 38 (2)—a majority verdict. 40 Adjournment of trial on discharge of jury for disagreement If a jury is discharged under section 39, the judge shall adjourn the trial to a date fixed by the judge or to be fixed as the judge orders. Offences Part 9 Section 41 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Offences 41 Nonattendance (1) A person who has been served with a jury summons shall not, without a valid and sufficient reason, fail to attend in accordance with the summons. Maximum penalty: 10 penalty units. (2) Subsection (1) does not apply to a person— (a) who has subsequently been excused from jury service; or (b) in relation to whom the jury summons has been withdrawn. 42 Leaving without permission A person— (a) who attends in accordance with a jury summons; or (b) who has been appointed to attend to serve as a juror; or (c) who is a juror; shall not leave the Supreme Court premises before being discharged or excused by a judge or the sheriff unless permitted to do so by the sheriff. Maximum penalty: 10 penalty units. 42A Failing to comply with conditions (1) A person— (a) who attends in accordance with a jury summons; or (b) who has been appointed to attend to serve as a juror; or Part 9 Offences Section 42B page 22 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) who is a juror; shall not, without reasonable excuse, fail to comply with the conditions (if any) imposed by a judge or the sheriff on the person before being excused by the judge or sheriff or permitted to leave the Supreme Court premises by the sheriff. Maximum penalty: 10 penalty units. (2) The conditions that may be imposed by a judge or the sheriff include but are not limited to— (a) a condition that the person return to the Supreme Court premises by a particular time; and (b) a condition that the person is or is not to remain with another person. (3) Subject to a condition of the kind described in subsection (2) (b), a jury may separate at any time before or after it retires to consider its verdict. 42B Contravention of s 41, s 42 and s 42A (1) This section applies if a judge or sheriff is satisfied that a person has contravened section 41 (Nonattendance), section 42 (Leaving without permission) or section 42A (Failing to comply with conditions). (2) The sheriff may serve a notice on the person stating that if the person does not wish to have the matter referred to the Supreme Court, the person must— (a) pay to an officer stated in the notice at a stated place and time a penalty amount equivalent to 5 penalty units for the contravention; or (b) show cause to the sheriff within a stated time why the penalty should not be imposed for the contravention. Offences Part 9 Section 42BA R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The sheriff may require the person to verify the person’s statements under subsection (2) (b) by statutory declaration. Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws. Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). (4) If the sheriff is not satisfied that a person has shown reasonable cause why a penalty should not be imposed for the contravention, the sheriff must tell the person and state a further period of time within which the person may pay the penalty amount. (5) A person served with a notice under subsection (2)— (a) has the right to refuse to be dealt with under this section; and (b) is taken to have refused to be dealt with under this section if the person— (i) does not show reasonable cause why a penalty should not be imposed for the contravention, within the time stated in the notice; and (ii) fails to pay the penalty amount within the time stated in the notice or within any further time as may be allowed by the sheriff. Note Fail includes refuse (see Legislation Act, dict, pt 1). (6) If the penalty amount is paid, no person will be liable for any further proceedings for the contravention. 42BA Improper inquiry by juror about matters relevant to trial (1) A person commits an offence if— (a) the person is a juror for a criminal trial; and (b) the person makes an inquiry; and Part 9 Offences Section 42BA page 24 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the inquiry was made— (i) after the person is sworn as a juror and before being discharged; and (ii) for the purpose of obtaining information about any matter relating to the trial; and (d) the inquiry was not made in the proper exercise of the person’s functions as a juror. Maximum penalty: imprisonment for 2 years. (2) Subsection (1) does not apply to a person making an inquiry authorised by the court. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) For this section, an inquiry made in contravention of a direction, or permission, given to the jury by the judge is not a proper exercise of the person’s functions as a juror. (4) In this section: making an inquiry includes any of the following: (a) asking a question of another person; (b) conducting any research; (c) viewing or inspecting any place or object; (d) conducting an experiment; (e) causing another person to make an inquiry. Examples—making an inquiry 1 conducting research using the internet to search an electronic database for information 2 bringing information into the jury room, such as news articles, research papers or books Offences Part 9 Section 42C R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 42C Confidentiality of jury deliberations and identities (1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth, a State or another Territory 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: 50 penalty units, imprisonment for 6 months or both. (3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) A person must not publish protected information. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) Subsection (2) does not prohibit disclosing protected information— (a) to a court; or (b) to a royal commission or a board of inquiry; or (c) to the director of public prosecutions, a member of the staff of the director’s office or a police officer for the purpose of an investigation about an alleged contempt of court or alleged offence relating to jury deliberations or a juror’s identity; or (d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or Part 9 Offences Section 42C page 26 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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 legal practitioner to obtain legal advice in relation to a disclosure mentioned in paragraph (a), (b), (c), (d) or (e). (6) Subsection (3) does not prohibit soliciting or obtaining protected information— (a) in the course of proceedings in a court; or (b) by a royal commission or a board of inquiry; or (c) by the director of public prosecutions, a member of the staff of the director’s office or a police officer for the purpose of an investigation about an alleged contempt of court or alleged offence relating to jury deliberations or 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; or (e) by a legal practitioner from his or her client for the purpose of giving legal advice to the client in relation to a disclosure mentioned 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 relation to an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations or a juror’s identity; or Offences Part 9 Section 42C R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or (iii) if the protected information relates to jury deliberations— proceedings by way of appeal from the proceedings in the course of which the deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal; or (iv) a statement made or information provided by the director of public prosecutions about a decision, or the reason for a decision, not to institute or conduct a prosecution or proceedings for an alleged contempt of court or alleged offence relating to jury deliberations or a juror’s identity. (8) This section does not prohibit a person— (a) during the course of proceedings, publishing or otherwise disclosing, with the leave of the Supreme Court or otherwise with lawful excuse, information that identifies, or is likely to identify, the person or another person as, or as having been, a juror in the proceedings; or (b) after proceedings have been completed, publishing or otherwise disclosing— (i) information that identifies, or is likely to identify, the person as having been a juror in the proceedings; or (ii) information that identifies, or is likely to identify, another person as, or as having been, a juror in the proceedings if the other person has consented to the publication or disclosure of that information. (9) 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. Part 9 Offences Section 43 page 28 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (10) 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. (11) In this section: offence relating to jury deliberations includes an offence against section 42BA (1). protected information means— (a) 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; or (b) information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings. publish, in relation to protected information, means communicate or disseminate the information in such a way or to such an extent that it is available to, or likely to come to the notice of, the public or a section of the public. 43 Personation of jurors A person shall not personate, or attempt to personate, a person whose name is in a jury pool for the purpose of sitting as that person on a jury. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Offences Part 9 Section 44AA R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44AA Unlawful dismissal etc of employees for jury service (1) An employer shall not dismiss or injure an employee, or alter an employee’s position to the prejudice of the employee, because the employee is summoned to serve as a juror. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) If all the elements of the offence other than the reason for the employer’s action are proved, the onus of proving that the dismissal, injury or alteration was not because the employee was summoned to serve as a juror is on the employer. (3) If an employer is convicted under subsection (1), the Supreme Court may make either or both of the following orders: (a) an order that the employer pay to the employee a specified sum by way of reimbursement for the salary or wages lost by the employee; (b) an order that the employee be reinstated in his or her former position or in a similar position. (4) An order under subsection (3) (a) is enforceable as if it were a judgment given by the Magistrates Court in a personal action at law that it has jurisdiction to hear and decide under the Magistrates Court Act 1930, chapter 4 (Civil proceedings). (5) An employer shall comply with an order under subsection (3) (b). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (6) Where an employer fails to comply with an order under subsection (3) (b), the amount of salary or wages that would, apart from the failure, have been payable to an employee in relation to the period of the failure is recoverable as a debt due to the employee by the employer. Part 9 Offences Section 44AB page 30 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44AB Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). Miscellaneous Part 10 Section 45 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 10 Miscellaneous 45 Oath by jurors (1) Before serving as a juror, a person shall in open court make an oath or affirmation in accordance with the form specified in schedule 1, part 1.1. (2) A person may make the oath or affirmation individually or as part of a group of people. 45A Oath by interpreter Before assisting a juror to properly discharge the duties of a juror, an interpreter must make an oath or affirmation in the form stated in schedule 1, part 1.1A. 45B Oath by support person Before assisting a juror to properly discharge the duties of a juror, a support person must make an oath or affirmation in the form stated in schedule 1, part 1.1B. 46 Oath by person in charge of jury The person in charge of a jury shall make an oath or affirmation in accordance with the form specified in schedule 1, part 1.2. 46A Information for jurors After a jury has been sworn, the judge shall ensure that the jury is informed generally about the duty of each member in relation to the confidentiality of jury deliberations and identities. Part 10 Miscellaneous Section 47 page 32 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 47 View during trial (1) At a criminal trial, the judge may, at any time before a jury gives its verdict, order a view of any place or property by the jury and may make all orders on the sheriff or other persons, and give all directions, that the judge considers necessary, for the purposes of the view. (2) If a view is ordered— (a) the person in charge of the jury shall make an oath or affirmation in accordance with the form specified in schedule 1, part 1.3; and (b) each person appointed by the judge to conduct the view shall make an oath or affirmation in accordance with the form specified in schedule 1, part 1.4. 49 Food and refreshment for jury (1) At any time after a jury has been sworn, and whether or not it has retired to consider its verdict, the sheriff may order— (a) that the jury be given the refreshments that the sheriff considers appropriate; or (b) that each juror be paid the amount determined by the Minister for a meal (a meal allowance). (2) The sheriff must ensure the refreshments or meal allowance are given. (3) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Miscellaneous Part 10 Section 51 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 51 Payment of jurors (1) A person summoned or appointed to attend the Supreme Court to serve as a juror is entitled to be paid the amount determined by the Minister for the person’s attendance at the court in accordance with the summons or appointment, whether or not the person serves as a juror. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 51A Payment of juror’s expenses (1) If— (a) a person incurs expense during his or her service as a juror, being expense that he or she would not have incurred apart from that service; and (b) that expense was incurred in circumstances arising after the person was sworn as a juror, being circumstances that would have constituted a sufficient cause for the person to be excused attendance on the Supreme Court under this Act if they had arisen before he or she was so sworn; the person may apply to the sheriff for payment to the person of an amount equal to the amount of that expense. (2) If an application is made to the sheriff under subsection (1), the sheriff shall consider the application and may grant payment to the applicant of the whole of the amount of the expense incurred by the applicant or the lesser amount that the sheriff considers reasonable. (3) A person who is aggrieved by a decision of the sheriff under subsection (2) may apply in writing to a judge for a review of the decision. Part 10 Miscellaneous Section 52 page 34 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. Schedule 1 Part 1.1 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Part 1.1 (see s 45) Juror’s oath I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will give a true verdict according to the evidence. Juror’s affirmation I solemnly and sincerely declare and affirm that I will give a true verdict according to the evidence. Schedule 1 Part 1.1A page 36 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.1A (see s 45A) Interpreter’s oath I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will well and truly interpret the proceedings and the jury’s deliberations and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law. Interpreter’s affirmation I solemnly and sincerely declare and affirm that I will well and truly interpret the proceedings and the jury’s deliberations and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law. Schedule 1 Part 1.1B R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.1B (see s 45B) Supporter’s oath I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will well and truly support the juror to discharge the juror’s duties, and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law. Supporter’s affirmation I solemnly and sincerely declare and affirm that I will well and truly support the juror to discharge the juror’s duties, and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law. Schedule 1 Part 1.2 page 38 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.2 (see s 46) Oath by person in charge of jury I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will keep this jury in my charge, that I will not allow anyone to speak to any juror, except as allowed or required by law and that I will not speak to any juror myself concerning the issues before the court. Affirmation by person in charge of jury I solemnly and sincerely declare and affirm that I will keep this jury in my charge, that I will not allow anyone to speak to any juror, except as allowed or required by law and that I will not speak to any juror myself concerning the issues before the court. Schedule 1 Part 1.3 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.3 (see s 47 (2) (a)) Oath by person in charge of jurors on a view I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will faithfully attend this jury to the place (or property) that the jury has been ordered by the judge to view, that I will not allow anyone to speak to any juror concerning the issues before the court, other than the persons appointed and sworn to show that place (or property) to this jury, except as otherwise allowed or required by law and that I will not speak to any juror myself concerning the issues before the court. Affirmation by person in charge of jurors on a view I solemnly and sincerely declare and affirm that I will faithfully attend this jury to the place (or property) that the jury has been ordered by the judge to view, that I will not allow anyone to speak to any juror concerning the issues before the court, other than the persons appointed and sworn to show that place (or property) to this jury, except as otherwise allowed or required by law and that I will not speak to any juror myself concerning the issues before the court. Schedule 1 Part 1.4 page 40 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.4 (see s 47 (2) (b)) Oath by person appointed to conduct a view I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will attend this jury and faithfully show this jury the place (or property) that this jury has been ordered by the judge to view and that I will not speak to any juror concerning the issues before the court otherwise than to describe that place (or property). Affirmation by person appointed to conduct a view I solemnly and sincerely declare and affirm that I will attend this jury and faithfully show this jury the place (or property) that this jury has been ordered by the judge to view and that I will not speak to any juror concerning the issues before the court otherwise than to describe that place (or property). Dictionary R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • Act • coroner • corrections officer • director-general (see s 163) • director of public prosecutions • judge • lawyer • magistrate • police officer. criminal trial includes the trial of an issue whether a prisoner is or is not capable of pleading to an indictment presented against him or her. disqualified person means a person referred to in section 11 (a). identifying number—see section 27 (1) (b) and section 31 (4). juror includes a person appointed under section 31 to attend to serve as a juror. jury list means the list prepared from time to time under section 19 (1). jury pool—see section 27. jury precept means a precept issued under section 22. jury summons means a summons under section 24. majority verdict, of a jury consisting of 12 jurors, for part 8 (Disagreement of jury)—see section 37A. person called means a person whose identifying number is called out by the proper officer. Dictionary page 42 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au proper officer, in relation to the exercise of a function under this Act, means a person appointed by the Supreme Court to be the proper officer for the exercise of the function. roll of electors of the ACT means a copy of the roll of the electors of the ACT given to the sheriff under the Electoral Act 1992, section 65 (3). sheriff— (a) for this Act generally—means the sheriff of the Territory; and (b) for part 5 (Jury precepts and summonses)—see section 21. support person—see the Discrimination Act 1991, section 5AA (3). unanimous verdict, of a jury, for part 8 (Disagreement of jury)—see section 37A. verdict includes a finding. Endnotes About the endnotes 1 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes 3 Legislation history page 44 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This Act was originally a Commonwealth ordinance—the Juries Ordinance 1967 No 47 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment Juries Act 1967 A1967-47 notified 20 December 1967 (Cwlth Gaz 1967 No 108) commenced 1 January 1968 (s 3) as amended by Ordinances Revision Ordinance 1977 Ord1977-65 sch 2 notified 22 December 1977 (Cwlth Gaz No S294) commenced 22 December 1977 Ordinances Revision Ordinance 1978 Ord1978-46 sch 2 notified 28 December 1978 (Cwlth Gaz No S292) commenced 28 December 1978 Juries (Amendment) Ordinance 1979 Ord1979-39 notified 18 December 1979 (Cwlth Gaz No G50) commenced 1 February 1980 (s 2 and Cwlth Gaz 1980 No G2) Juries (Amendment) Ordinance 1981 Ord1981-37 notified 30 October 1981 (Cwlth Gaz No S226) commenced 1 December 1981 (s 2 and Cwlth Gaz 1981 No G48) Juries (Amendment) Ordinance 1983 Ord1983-6 notified 14 April 1983 (Cwlth Gaz No S69) commenced 14 April 1983 Endnotes Legislation history 3 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Juries (Amendment) Ordinance (No 2) 1983 Ord1983-60 notified 30 December 1983 (Cwlth Gaz No S349) commenced 30 December 1983 Juries (Amendment) Ordinance 1984 Ord1984-8 notified 11 April 1984 (Cwlth Gaz No S132) commenced 11 April 1984 Magistrates Court Ordinance 1985 Ord1985-67 sch pt 1 notified 19 December 1985 (Cwlth Gaz No S542) commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3) Juries (Amendment) Ordinance 1989 Ord1989-61 notified 20 December 1989 (Cwlth Gaz No GN49) commenced 20 December 1989 Legislation after becoming Territory enactment Supreme Court (Amendment) Act (No 2) 1993 A1993-91 sch 3 notified 17 December 1993 (Gaz 1993 No S258) commenced 17 December 1993 (s 2) Electoral (Amendment) (Consequential Provisions) Act 1994 A1994-15 pt 5 notified 17 May 1994 (Gaz 1994 No S85) s 1, s 2 commenced 17 May 1994 (s 2 (1)) pt 5 commenced 25 August 1994 (s 2 (3) and Gaz 1994 No S172) Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 50 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 50 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Statute Law Revision (Penalties) Act 1994 A1994-81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) commenced 18 December 1995 (s 2) Endnotes 3 Legislation history page 46 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Juries (Amendment) Act 1997 A1997-83 notified 25 November 1997 (Gaz 1997 No S360) ss 12, 21, 26, 28 and 33 commenced 2 February 1998 (s 2 (2), s 2 (3) and Gaz 1998 No S42) remainder commenced 25 November 1997 (s 2 (1)) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Children and Young People (Consequential Amendments) Act 1999 A1999-64 sch 2 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 2 commenced 10 May 2000 (s 2 (2)) Justice and Community Safety Legislation Amendment Act 2000 A2000-1 sch notified 9 March 2000 (Gaz 2000 No 10) commenced 9 March 2000 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2000 (No 2) A2000-2 sch notified 9 March 2000 (Gaz 2000 No 10) commenced 9 March 2000 (s 2) Statute Law Amendment Act 2000 A2000-80 amdt 3.7 notified 21 December 2000 (Gaz 2000 No S69) commenced 21 December 2000 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 200 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 200 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Civil Law (Wrongs) Act 2002 A2002-40 div 3.2.5 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) div 3.2.5 commenced 1 November 2002 (s 2 (2) and CN2002-13) Endnotes Legislation history 3 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 9 notified LR 3 March 2003 s 1, s 2 commenced 3 March 2003 (LA s 75 (1)) pt 9 commenced 31 March 2003 (s 2 (2)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.25 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.25 commenced 9 April 2004 (s 2 (1)) Emergencies Act 2004 A2004-28 sch 3 pt 3.11 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) sch 3 pt 3.11 commenced 1 July 2004 (s 2 (1) and CN2004-11) Health Professionals Legislation Amendment Act 2004 A2004-39 sch 6 pt 6.5 notified LR 8 July 2004 s 1, s 2 commenced 8 July 2004 (LA s 75 (1)) sch 6 pt 6.5 commenced 17 January 2006 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1) and CN2006-2) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.33 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.33 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.16 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.16 commenced 23 November 2005 (s 2) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.13 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 3 pt 3.13 commenced 11 January 2006 (s 2 (1)) Endnotes 3 Legislation history page 48 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.24 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.24 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.10 notified LR 17 November 2006 s 1, s 2 commenced 17 November 2006 (LA s 75 (1)) sch 2 pt 2.10 commenced 18 November 2006 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.10 notified LR 16 April 2008 s 1, s 2 commenced 16 April 2008 (LA s 75 (1)) sch 1 pt 1.10 commenced 7 May 2008 (s 2) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 2 pt 2.10, sch 3 pt 3.17, sch 4 pt 4.17 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 2 pt 2.10 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) sch 3 pt 3.17 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) sch 4 pt 4.17 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.36 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.36 commenced 26 August 2008 (s 2) Endnotes Legislation history 3 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 3 pt 3.1 notified LR 5 October 2010 s 1, s 2 commenced 5 October 2010 (LA s 75 (1)) s 3 commenced 6 October 2010 (s 2 (1)) sch 3 pt 3.1 commenced 2 November 2010 (s 2 (2)) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.87 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.87 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2014 A2014-18 sch 3 pt 3.12 notified LR 20 May 2014 s 1, s 2 commenced 20 May 2014 (LA s 75 (1)) sch 3 pt 3.12 commenced 10 June 2014 (s 2 (1)) Judicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.5 (as am by A2015-52 s 28) notified LR 25 February 2015 s 1, s 2 commenced 25 February 2015 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28)) Courts Legislation Amendment Act 2015 A2015-10 pt 10 notified LR 7 April 2015 s 1, s 2 commenced 7 April 2015 (LA s 75 (1)) pt 10 commenced 21 April 2015 (s 2 (2)) Statute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.21 notified LR 25 November 2015 s 1, s 2 commenced 25 November 2015 (LA s 75 (1)) sch 3 pt 3.21 commenced 9 December 2015 (s 2) Courts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10, pt 11 notified LR 26 November 2015 s 1, s 2 commenced 26 November 2015 (LA s 75 (1)) pt 10 (s 28), pt 11 commenced 10 December 2015 (s 2 (2)) Note Pt 10 (s 28) only amends the Judicial Commissions Amendment Act 2015 A2015-1 Endnotes 3 Legislation history page 50 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2017 A2017-5 sch 1 pt 1.7 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 1 pt 1.7 commenced 2 March 2017 (s 2 (3)) Courts and Other Justice Legislation Amendment Act 2018 A2018-9 pt 11 notified LR 29 March 2018 s 1, s 2 commenced 29 March 2018 (LA s 75 (1)) pt 11 commenced 26 April 2018 (s 2) Crimes Legislation Amendment Act 2024 A2024-12 pt 8 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) s 14, s 15, s 18 commenced 19 October 2024 (s 2 (2)) pt 8 remainder commenced 26 April 2024 (s 2 (1)) Endnotes Amendment history 4 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Dictionary s 2 om Ord1978-46 sch 2 ins A2005-62 amdt 3.137 Notes s 3 om R5 LRA ins A2005-62 amdt 3.137 Offences against Act—application of Criminal Code etc s 4 om Ord1977-65 sch 2 ins A2024-12 s 13 Repeal and saving s 5 om A1997-83 s 4 Interpretation for Act s 6 am A2001-44 amdt 1.2278, amdt 1.2279 defs reloc to dict A2005-62 amdt 3.136 om A2005-62 amdt 3.137 def civil trial am A1993-91 sch 3 om A2002-40 amdt 3.13 def court ins A1997-83 s 5 om A2005-62 amdt 3.133 def judge ins Ord1989-61 s 6 sub A1993-91 sch 3 om A2005-62 amdt 3.134 def magistrate om Ord1985-67 sch pt 1 def the City Area om A1997-83 s 5 def the Judge om Ord1989-61 s 3 def the proper officer om A1997-83 s 5 def the Registrar om A1997-83 s 5 def the Roll of electors for the Territory om Ord1989-61 s 3 def the Sheriff om A1997-83 s 5 Number of jurors s 7 sub A2002-40 amdt 3.14 Reduced number of jurors s 8 am Ord1989-61 s 4; A2002-40 amdts 3.15-3.17; ss renum R7 LA Persons not qualified to serve as jurors s 10 am A1997-83 s 6; A2000-80 amdt 3.7; A2006-23 amdt 1.207; A2008-7 amdt 1.55; pars renum R18 LA om A2018-9 s 60 Endnotes 4 Amendment history page 52 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Disqualified people, exempt people and people who may claim exemption s 11 am Ord1979-39 s 4; Ord1989-61 s 5; A1994-38 sch 1 pt 50; A1997-83 s 7; A1997-96 sch 1; A1999-64 sch 2; pars renum R7 LA sub A2003-2 s 49; A2018-9 s 61 Right of women to claim exemption from jury service s 12 om Ord1979-39 s 5 Excusing of jurors s 14 sub Ord1979-39 s 6 am A1997-83 s 8 sub A2018-9 s 62 Partners or coworkers as jurors s 15 am A1997-83 s 9 sub A2018-9 s 63 Reasonable support because of insufficient understanding or disability s 16 am A1997-83 s 10 sub A2018-9 s 64 Excusing person if liability in doubt s 17 am A1997-83 s 11 Relief from jury service s 18A ins Ord1984-8 s 3 sub A1997-83 s 12 am A2002-40 amdt 3.18 Jury list s 19 am Ord1984-8 s 4; A1994-15 s 15 sub A1997-83 s 13 Reviews in connection with jury lists s 20 om A1997-83 s 13 Meaning of sheriff in pt 5 s 21 sub A1993-91 sch 3 Jury precepts s 22 am A1997-83 s 14; A2008-28 amdt 3.101 Terms of precept s 23 am A1997-83 s 15; A2001-44 amdt 1.2280, amdt 1.2281 om A2004-60 amdt 1.162 Choosing jurors s 24 am Ord1983-60 s 3; A1997-83 s 16; A2001-44 amdt 1.2282, amdt 1.2283; ss and pars renum R7 LA; A2004-60 amdt 1.162; A2018-9 ss 65-70; ss renum R31 LA Endnotes Amendment history 4 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Jurors not liable to be summoned until jury list exhausted s 25 om A1997-83 s 17 Service of jury summonses s 26 am A2008-28 amdt 3.102 Application for withdrawal of summons s 26A ins A1997-83 s 18 Preparation of jury pool, allocation of identifying numbers and excused jurors s 27 hdg sub A2015-52 s 29 s 27 am Ord1983-60 s 4; A2015-52 s 30 sub A2018-9 s 71 Record of identifying numbers s 27A ins A2015-52 s 31 sub A2018-9 s 72 Sheriff’s return to precept s 28 am A1997-83 s 19; A2015-52 s 32 sub A2018-9 s 73 Inspection of jury pools s 29 am A1997-83 s 20; A1997-96 sch 1; A2002-40 amdts 3.19-3.21 sub A2018-9 s 73 Informalities etc not to invalidate verdict s 30 am A2015-52 s 33; A2018-9 s 74 Empanelling jury for criminal trial pt 6 hdg sub A2015-52 s 34 Empanelling a jury s 31 sub A2015-52 s 34 am A2018-9 ss 75-79 Expanded juries in some criminal trials s 31A ins A1997-83 s 21 am A2018-9 s 80 Striking a jury at a civil trial s 32 am A1997-83 s 22; A1997-96 sch 1 om A2002-40 amdt 3.22 Standing persons by s 33 am A1997-96 sch 1; A2015-52 s 35, s 36 sub A2018-9 s 81 Challenges at criminal trials s 34 am Ord1989-61 s 6; A1997-96 sch 1; pars renum R7 LA Endnotes 4 Amendment history page 54 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Challenge at civil trial s 36 am A1997-96 sch 1 om A2002-40 amdt 3.22 Trial of challenge for cause s 36A ins Ord1981-37 s 4 Definitions—pt 8 s 37A ins A2024-12 s 14 def majority verdict ins A2024-12 s 14 def unanimous verdict ins A2024-12 s 14 Majority verdict sufficient for offences against territory laws at certain criminal trials s 38 am A1997-83 s 23 sub A2024-12 s 14 Discharge of jury where no verdict likely to be reached s 39 om A2002-40 amdt 3.22 ins A2024-12 s 14 Adjournment of trial on discharge of jury for disagreement s 40 am A2002-40 amdt 3.23; A2024-12 s 15 Nonattendance s 41 am Ord1989-61 s 7; A1994-81 sch sub A1997-83 s 24 am A2018-9 s 82 Leaving without permission s 42 sub A1997-83 s 24 am A2018-9 s 82 Failing to comply with conditions s 42A ins A1997-83 s 24 am A2018-9 s 82 Contravention of s 41, s 42 and s 42A s 42B ins A1997-83 s 24 am A2001-44 amdt 1.2284, amdt 1.2285; A2004-60 amdt 1.162; A2008-28 amdt 3.103 sub A2018-9 s 83 Improper inquiry by juror about matters relevant to trial s 42BA ins A2024-12 s 16 Confidentiality of jury deliberations and identities s 42C ins A1997-83 s 24 am A2000-1 sch; A2000-2 sch; A2024-12 s 17 Personation of jurors s 43 am Ord1989-61 s 8; A1994-81 sch; A2018-9 s 84 Endnotes Amendment history 4 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Corruptly influencing a juror s 44 am A1994-81 sch om A2005-53 amdt 1.87 Unlawful dismissal etc of employees for jury service s 44AA ins Ord1989-61 s 9 am A1994-81 sch; A2004-60 amdt 1.163 Acts and omissions of representatives s 44AB ins A1997-83 s 25 sub A2004-15 amdt 1.29 Interpretation s 44A ins Ord1981-37 s 5 om R3 LRA Oath by jurors s 45 am Ord1981-37 s 6 sub A1997-83 s 26 am A2001-44 amdt 1.2286; A2018-9 s 85 Oath by interpreter s 45A ins A2018-9 s 86 Oath by support person s 45B ins A2018-9 s 86 Oath by person in charge of jury s 46 am Ord1981-37 s 7 sub A1997-83 s 26 am A2001-44 amdt 1.2286 Information for jurors s 46A ins A1997-83 s 27 View during trial s 47 am Ord1981-37 s 8; A1997-83 s 28; A2001-44 amdt 1.2286; A2002-40 amdt 3.24, amdt 3.25 Affirmations s 48 am Ord1981-37 s 9 om A1997-83 s 29 Food and refreshment for jury s 49 sub A2018-9 s 87 Separation of jury at criminal trials s 50 am Ord1989-61 s 10 om A1997-83 s 29 Payment of jurors s 51 sub A2010-40 amdt 3.1 Endnotes 4 Amendment history page 56 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Payment of juror’s expenses s 51A ins Ord1983-6 s 3 am A1997-83 s 30; A2005-62 amdt 3.138 Regulation-making power s 52 am Ord1983-6 s 4; A1995-46 sch sub A2001-44 amdt 1.2287 Juries Regulation 2018—sch 2 s 53 ins A2018-9 s 88 exp 26 April 2018 (s 53 (5)) Schedule 1 sch 1 orig sch 1 om A1997-83 s 31 (prev sch 2) renum as sch 1 A1997-83 s 32 am A1997-83 s 32 om A2001-44 amdt 1.2288 (prev sch 2) ins A1997-83 s 33 renum as sch 1 A2001-44 amdt 1.2289 pts renum R7 LA am A2018-9 ss 90-92 Juries Regulation 2018 sch 2 orig sch 2 renum as sch 1 prev sch 2 renum as sch 1 pres sch 2 ins A2003-2 s 50 am A2004-28 amdt 3.30, amdt 3.31; A2004-39 amdt 6.6; A2006-23 amdt 1.208; A2006-46 amdt 2.27; A2008-7 amdt 1.56, amdt 1.57; A2008-20 amdt 2.21, amdt 3.34, amdt 4.41; items renum R22 LA; A2011-22 amdt 1.265, amdt 1.266, A2015-10 s 31; A2015-50 amdt 3.113, amdt 3.114; items renum R27 LA; A2015-1 amdt 1.5; A2017-5 amdt 1.15, amdt 1.16; items renum R30 LA om A2018-9 s 93 ins A2018-9 s 89 exp 26 April 2018 (s 53 (5)) Schedule 3 sch 3 om Ord1981-37 s 10 Dictionary dict ins A2005-62 amdt 3.139 am A2006-23 amdt 1.209; A2011-22 amdt 1.267; A2014-18 amdt 3.51, amdt 3.52 def ballot-box sub A1997-83 s 5 reloc from s 6 A2005-62 amdt 3.136 om A2018-9 s 94 def criminal trial reloc from s 6 A2005-62 amdt 3.136 def disqualified person reloc from s 6 A2005-62 amdt 3.136 am A2018-9 s 95 Endnotes Amendment history 4 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def identifying number ins A2015-52 s 38 am A2018-9 s 96 def juror reloc from s 6 A2005-62 amdt 3.136 def jury card reloc from s 6 A2005-62 amdt 3.136 am A2015-52 s 37 om A2018-9 s 97 def jury list ins A1997-83 s 5 reloc from s 6 A2005-62 amdt 3.136 def jury pool ins A2018-9 s 98 def jury precept reloc from s 6 A2005-62 amdt 3.136 def jury summons reloc from s 6 A2005-62 amdt 3.136 def majority verdict ins A2024-12 s 18 def panel of jurors reloc from s 6 A2005-62 amdt 3.136 om A2018-9 s 99 def person called reloc from s 6 A2005-62 amdt 3.136 sub A2015-52 s 39; A2018-9 s 100 def proper officer ins A1997-83 s 5 reloc from s 6 A2005-62 amdt 3.136 def registrar ins A1997-83 s 5 reloc from s 6 A2005-62 amdt 3.136 om A2014-18 amdt 3.53 def roll of electors for the Territory ins Ord1989-61 s 6 sub A1994-15 s 14 reloc from s 6 A2005-62 amdt 3.136 def sheriff ins A1997-83 s 5 sub A2005-62 amdt 3.135 reloc from s 6 A2005-62 amdt 3.136 sub A2008-7 amdt 1.58 def support person ins A2018-9 s 101 def unanimous verdict ins A2024-12 s 18 def verdict reloc from s 6 A2005-62 amdt 3.136 Endnotes 5 Earlier republications page 58 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 31 Aug 1993 20 Dec 1989– 16 Dec 1993 Ord1989-61 initial republication since self- government R1 (RI) 24 Oct 2007 20 Dec 1989– 16 Dec 1993 Ord1989-61 reissue of printed version R1A 24 Oct 2007 17 Dec 1993– 16 May 1994 A1993-91 amendments by A1993-91 R1B 24 Oct 2007 25 Aug 1994– 28 Nov 1994 A1994-38 amendments by A1994-15 and A1994-38 R2 28 Feb 1995 29 Nov 1994– 17 Dec 1995 A1994-81 amendments by A1994-81 R2 (RI) 24 Oct 2007 29 Nov 1994– 17 Dec 1995 A1994-81 reissue of printed version R3 30 Nov 1996 18 Dec 1995– 24 Nov 1997 A1995-46 amendments by A1995-46 R3 (RI) 24 Oct 2007 18 Dec 1995– 24 Nov 1997 A1995-46 reissue of printed version R3A 24 Oct 2007 25 Nov 1997– 1 Feb 1998 A1997-83 amendments by A1997-83 R4 28 Feb 1999 1 June 1998– 8 Mar 2000 A1997-96 amendments by A1997-83 and A1997-96 R4 (RI) 24 Oct 2007 1 June 1998– 8 Mar 2000 A1997-96 reissue of printed version Endnotes Earlier republications 5 R34 19/10/24 Juries Act 1967 Effective: 19/10/24 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R4A 24 Oct 2007 10 May 2000– 20 Dec 2000 A2000-2 amendments by A1999-64, A2000-1 and A2000-2 R5 15 June 2001 21 Dec 2000– 11 Sept 2001 A2000-80 amendments by A2000-80 R5 (RI) 24 Oct 2007 21 Dec 2000– 11 Sept 2001 A2000-80 reissue of printed version R6 12 Sept 2001 12 Sept 2001– 31 Oct 2002 A2001-44 amendments by A2001-44 R7 1 Nov 2002 1 Nov 2002– 30 Mar 2003 A2002-40 amendments by A2002-40 R8 31 Mar 2003 31 Mar 2003– 8 Apr 2004 A2003-2 amendments by A2003-2 R9 9 Apr 2004 9 Apr 2004– 30 June 2004 A2004-15 amendments by A2004-15 R10 1 July 2004 1 July 2004– 9 Jan 2005 A2004-28 amendments by A2004-28 R11 10 Jan 2005 10 Jan 2005– 6 July 2005 A2004-60 amendments by A2004-60 R12 7 July 2005 7 July 2005– 22 Nov 2005 A2004-60 updated endnotes R13 23 Nov 2005 23 Nov 2005– 10 Jan 2006 A2005-53 amendments by A2005-53 R14 11 Jan 2006 11 Jan 2006– 16 Jan 2006 A2005-62 amendments by A2005-62 R15* 17 Jan 2006 17 Jan 2006– 1 June 2006 A2005-62 amendments by A2004-39 R16 2 June 2006 2 June 2006– 17 Nov 2006 A2006-23 amendments by A2006-23 R17 18 Nov 2006 18 Nov 2006– 6 May 2008 A2006-46 amendments by A2006-46 R18 7 May 2008 7 May 2008– 25 Aug 2008 A2008-7 amendments by A2008-7 Endnotes 5 Earlier republications page 60 Juries Act 1967 Effective: 19/10/24 R34 19/10/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R19 26 Aug 2008 26 Aug 2008– 8 Sept 2008 A2008-28 amendments by A2008-28 R20 9 Sept 2008 9 Sept 2008– 26 Oct 2008 A2008-28 amendments by A2008-20 R21 27 Oct 2008 27 Oct 2008– 26 Feb 2009 A2008-28 amendments by A2008-20 R22 27 Feb 2009 27 Feb 2009– 1 Nov 2010 A2008-28 amendments by A2008-20 R23* 2 Nov 2010 2 Nov 2010– 30 June 2011 A2010-40 amendments by A2010-40 R24 1 July 2011 1 July 2011– 9 June 2014 A2011-22 amendments by A2011-22 R25 10 June 2014 10 June 2014– 20 Apr 2015 A2014-18 amendments by A2014-18 R26 21 Apr 2015 21 Apr 2015– 8 Dec 2015 A2015-10 amendments by A2015-10 R27 9 Dec 2015 9 Dec 2015– 9 Dec 2015 A2015-50 amendments by A2015-50 R28 10 Dec 2015 10 Dec 2015– 31 Jan 2017 A2015-52 amendments by A2015-52 R29 1 Feb 2017 1 Feb 2017– 1 Mar 2017 A2015-52 amendments by A2015-1 as am by A2015-52 R30 2 Mar 2017 2 Mar 2017– 25 Apr 2018 A2017-5 amendments by A2017-5 R31 26 Apr 2018 26 Apr 2018– 26 Apr 2018 A2018-9 amendments by A2018-9 R32 27 Apr 2018 27 Apr 2018– 25 Apr 2024 A2018-9 expiry of provisions (s 53 and sch 2) R33 26 Apr 2024 26 Apr 2024– 18 Oct 2024 A2024-12 amendments by A2024-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au © Australian Capital Territory 2024