78Confidentiality of jury's deliberations

78 Confidentiality of jury's deliberations

(1) A person must not—

(a) publish, or cause to be published, any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of a jury; or

(b) solicit or obtain the disclosure by a person who is or has been a juror of statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury.

1. In the case of a body corporate, 3000 penalty units;

In any other case, 600 penalty units or imprisonment for 5 years.

(2) A person who is or has been a juror must not disclose any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury if the person has reason to believe that any of that information is likely to be or will be published to the public.

(3) Nothing in this section prevents—

(a) a person who is or has been a juror disclosing to—

(i) a judge or court; or

S. 78(3)(a)(ia) inserted by No. 38/2008 s. 6(2).

(ia) the Juries Commissioner; or

(ii) a board or commission appointed by the Governor in Council; or

(iii) the Attorney-General; or

(iv) the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions for the Commonwealth—

any information about the deliberations of a jury; or

S. 78(3)(b) amended by Nos 38/2008 s. 6(3), 37/2014 s. 10(Sch. item 91.3).

(b) the investigation by a police officer at the request of the Director of Public Prosecutions for Victoria, the Director of Public Prosecutions for the Commonwealth or the Juries Commissioner, of a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury to Victoria Police in the course of the investigation; or

(c) the investigation by a person authorised by the Court of Appeal, in relation to an appeal to that Court, of an allegation about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury to the authorised person in the course of that investigation.

S. 78(4) amended by No. 38/2008 s. 6(4).

(4) The Director of Public Prosecutions for Victoria or the Juries Commissioner may request the Chief Commissioner of Police to investigate a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury.

S. 78(4A) inserted by No. 38/2008 s. 6(5).