What it does
The Jury Act 1977 (NSW) is the principal statute governing the constitution, selection, empanelment and regulation of juries in New South Wales for criminal proceedings on indictment, civil proceedings in the Supreme and District Courts, and coronial inquests held under s 48 of the Coroners Act 2009. At its core the Act establishes a random-selection system that begins with the Electoral Commissioner supplying copies of electoral rolls to the sheriff (s 11). The sheriff must maintain a jury roll for each jury district (s 10) and, at intervals not exceeding 12 months, select at random a supplementary jury roll from the latest electoral data, excluding those already on the current roll (s 12). Persons on a supplementary roll receive a notice and questionnaire (s 13) inviting claims for exclusion under Schedule 1 or exemption under Schedule 2 or on good cause grounds (s 14). The sheriff is empowered to require statutory declarations (s 14C) and must amend the rolls to delete or annotate those excluded, exempted or granted deferral (s 14D).
Once a court or coroner requires jurors, the sheriff estimates the number needed (s 23), selects them at random from the certified jury roll (s 25), and issues summonses at least seven days before attendance is required (s 26). The Act prescribes the size of juries: 12 for criminal trials (or up to 15 with additional jurors ordered under s 19(2)), 4 for ordinary civil trials (or 12 on Supreme Court order under s 20(2)), and 6 for coronial inquests (s 21). Selection occurs by ballot in open court using cards bearing identification numbers rather than names (ss 48–50, s 29). Peremptory challenges are limited (3 each for the Crown and accused in criminal matters, half the jury number for each civil party – ss 42, 42A), while challenges for cause are tried by the presiding judge (s 46).