sec.70Confidentiality of jury deliberations

### sec.70 Confidentiality of jury deliberations A person must not publish to the public jury information. Maximum penalty—2 years imprisonment. A person must not seek from a member or former member of a jury the disclosure of jury information. Maximum penalty—2 years imprisonment. A person who is a member or former member of a jury must not disclose jury information, if the person has reason to believe any of the information is likely to be, or will be, published to the public. Maximum penalty—2 years imprisonment. Subsections (2) to (4) are subject to the following subsections. Information may be sought by, and disclosed to, the court to the extent necessary for the proper performance of the jury’s functions. If there are grounds to suspect that a person may have been guilty of bias, fraud or an offence related to the person’s membership of a jury or the performance of functions as a member of a jury, the court before which the trial was conducted may authorise— an investigation of the suspected bias, fraud, or offence; and the seeking and disclosure of jury information for the purposes of the investigation. If a member of the jury suspects another member (the suspect ) of bias, fraud or an offence related to the suspect’s membership of the jury or the performance of the suspect’s functions as a member of the jury, the member may disclose the suspicion and the grounds on which it is held to the Attorney-General or the director of public prosecutions. On application by the Attorney-General, the Supreme Court may authorise— the conduct of research projects involving the questioning of members or former members of juries; and the publication of the results of the research. The Supreme Court may give an authorisation under subsection (9) on conditions the court considers appropriate. Information identifying or likely to identify a person as, or as having been, a juror in a particular proceeding may be disclosed— in the course of the proceeding—by any person with the court’s permission or with lawful excuse; or after the proceeding has ended—by the juror or someone else with the juror’s consent. A former member of a jury may disclose jury information to a health professional who is treating the former member in relation to issues arising out of the former member’s service on the jury. The health professional may ask the former member to disclose jury information for the purpose of treating the former member in relation to issues arising out of the former member’s service on the jury. The health professional must not disclose jury information to anyone else unless the health professional considers it necessary for the health or welfare of the former member. Maximum penalty—2 years imprisonment. Subsection (14) does not apply in as far as the health professional discloses information that identifies the health professional’s patient to the sheriff for the purpose of the sheriff advising whether the patient was a former member of a jury. The sheriff may disclose to the health professional information advising whether the patient was a former member of a jury. In this section— health professional means a person who practises a profession prescribed under a regulation for the definition, and includes a doctor and a psychologist. jury information means— information about statements made, opinions expressed, arguments advanced, or votes cast, in the course of a jury’s deliberations; or information identifying or likely to identify a person as, or as having been, a juror in a particular proceeding. psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student. treat , in relation to a patient of a health professional, means provide a service to the patient in the course of the patient’s seeking or receiving advice or treatment. s 70 amd 1997 No. 9 s 35 ; 2002 No. 23 s 55 ; 2004 No. 43 s 54 ; 2010 No. 14 s 124 sch (sec.70-ssec.2) A person must not publish to the public jury information. Maximum penalty—2 years imprisonment. (sec.70-ssec.3) A person must not seek from a member or former member of a jury the disclosure of jury information. Maximum penalty—2 years imprisonment. (sec.70-ssec.4) A person who is a member or former member of a jury must not disclose jury information, if the person has reason to believe any of the information is likely to be, or will be, published to the public. Maximum penalty—2 years imprisonment. (sec.70-ssec.5) Subsections (2) to (4) are subject to the following subsections. (sec.70-ssec.6) Information may be sought by, and disclosed to, the court to the extent necessary for the proper performance of the jury’s functions. (sec.70-ssec.7) If there are grounds to suspect that a person may have been guilty of bias, fraud or an offence related to the person’s membership of a jury or the performance of functions as a member of a jury, the court before which the trial was conducted may authorise— an investigation of the suspected bias, fraud, or offence; and the seeking and disclosure of jury information for the purposes of the investigation. (sec.70-ssec.8) If a member of the jury suspects another member (the suspect ) of bias, fraud or an offence related to the suspect’s membership of the jury or the performance of the suspect’s functions as a member of the jury, the member may disclose the suspicion and the grounds on which it is held to the Attorney-General or the director of public prosecutions. (sec.70-ssec.9) On application by the Attorney-General, the Supreme Court may authorise— the conduct of research projects involving the questioning of members or former members of juries; and the publication of the results of the research. (sec.70-ssec.10) The Supreme Court may give an authorisation under subsection (9) on conditions the court considers appropriate. (sec.70-ssec.11) Information identifying or likely to identify a person as, or as having been, a juror in a particular proceeding may be disclosed— in the course of the proceeding—by any person with the court’s permission or with lawful excuse; or after the proceeding has ended—by the juror or someone else with the juror’s consent. (sec.70-ssec.12) A former member of a jury may disclose jury information to a health professional who is treating the former member in relation to issues arising out of the former member’s service on the jury. (sec.70-ssec.13) The health professional may ask the former member to disclose jury information for the purpose of treating the former member in relation to issues arising out of the former member’s service on the jury. (sec.70-ssec.14) The health professional must not disclose jury information to anyone else unless the health professional considers it necessary for the health or welfare of the former member. Maximum penalty—2 years imprisonment. (sec.70-ssec.15) Subsection (14) does not apply in as far as the health professional discloses information that identifies the health professional’s patient to the sheriff for the purpose of the sheriff advising whether the patient was a former member of a jury. (sec.70-ssec.16) The sheriff may disclose to the health professional information advising whether the patient was a former member of a jury. (sec.70-ssec.17) In this section— health professional means a person who practises a profession prescribed under a regulation for the definition, and includes a doctor and a psychologist. jury information means— information about statements made, opinions expressed, arguments advanced, or votes cast, in the course of a jury’s deliberations; or information identifying or likely to identify a person as, or as having been, a juror in a particular proceeding. psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student. treat , in relation to a patient of a health professional, means provide a service to the patient in the course of the patient’s seeking or receiving advice or treatment. - (a) an investigation of the suspected bias, fraud, or offence; and - (b) the seeking and disclosure of jury information for the purposes of the investigation. - (a) the conduct of research projects involving the questioning of members or former members of juries; and - (b) the publication of the results of the research. - (a) in the course of the proceeding—by any person with the court’s permission or with lawful excuse; or - (b) after the proceeding has ended—by the juror or someone else with the juror’s consent. - (a) information about statements made, opinions expressed, arguments advanced, or votes cast, in the course of a jury’s deliberations; or - (b) information identifying or likely to identify a person as, or as having been, a juror in a particular proceeding.